1 18 11 City Council Proceedings Official
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on January 18, 2011 in the
Historic Federal Building.
Present: Mayor Buol (Via Telephone), Mayor Pro-Tem Braig, Council Members Connors,
Jones, Lynch, Resnick, City Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Voetberg
Mayor Pro-Tem Braig read the call and stated this is a regular session of the City Council to
act upon such business that may properly come before the City Council.
Pledge of Allegiance
Invocation was provided by Reverend Dr. Thomas Young of Westminster Presbyterian
Church.
PROCLAMATIONS
Earned Income Tax Credit (EITC) Awareness Day (January 29, 2011) was accepted by
Becky Jenkins, Special Projects Coordinator, Operation: New View, 1473 Central Avenue.
CONSENT ITEMS
Motion by Jones to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Resnick. Connors requested (#6) Dubuque Levee and Floodwall
Certification – PAL Progress Report #5 be held for separate discussion. Motion carried 6-0.
Minutes and Reports Submitted: Cable Community Teleprogramming Commission of 12/7;
City Council of 1/3; Community Development Advisory Commission of 12/15; Historic
Preservation Commission Education Task Force of 1/5; Human Rights Commission of 12/9
and 12/13; Mechanical Board of 12/9; Park and Recreation Commission of 12/14; Zoning
Advisory Commission of 1/5; Zoning Board of Adjustment of 12/16
Proofs of publication of City Council Proceedings of December 20 and 21, 2010 and List of
Claims and Summary of Revenues for Month Ended November 30, 2010
Upon motion the documents were received and filed.
Notice of Claims/Suits: Christa Welu Trust for property damage; Pusateri’s Restaurant for
property damage; Janet V. Grew for personal injury; Katie Schaefer for vehicle damage. Upon
motion the documents were received, filed and referred to the City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: Walter Joniec for
vehicle damage; Janet Grew for personal injury; Pusateri’s Restaurant for property damage.
Upon motion the documents were received, filed and concurred.
Asbury and IA 32 Traffic Signal / Grading Project: City Manager recommending acceptance
of the Asbury and IA 32 Traffic Signal / Grading Project as completed by McDermott
Excavating in the final contract amount of $365,630.85. Upon motion the documents were
received and filed and Resolution No. 7-11 Accepting the Asbury and IA 32 Traffic Signal /
Grading Project and authorizing payment of the contract amount to the contractor was
adopted.
RESOLUTION NO. 7-11
ACCEPTING THE ASBURY ROAD AND IA 32 TRAFFIC SIGNAL & GRADING PROJECT
(IOWA DOT PROJECT NO. TSF-32-1(28)--92-31) AND AUTHORIZING THE PAYMENT OF
THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Asbury Road and IA 32 Traffic Signal &
Grading Project (Iowa DOT Project No. TSF-32-1(28)--92-31) (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 Iowa
DOT Traffic Safety Grant, Iowa DOT U-STEP Grant, Northwest Arterial Capacity
Improvements, and Traffic Consultant Services appropriations for the contract amount of
$365,630.85 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.
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Passed, approved and adopted this 18 day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE ASBURY ROAD AND
IA 32 TRAFFIC SIGNAL & GRADING PROJECT (IOWA DOT PROJECT NO. TSF-32-1(28)--
92-31)
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the Asbury Road and IA 32 Traffic Signal & Grading Project (Iowa DOT Project No.
TSF-32-1(28)--92-31), that the Project has been performed in compliance with the terms of the
Public Improvement Contract, and that the total cost of the completed work is $504,941.87
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Dated this 10 day of January, 2011.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 12 day of January, 2011.
Jeanne F. Schneider, CMC, City Clerk
Bee Branch Creek Restoration Project – Kniest Street Park Property Acquisitions: City
Manager recommending approval to begin the process of acquiring three properties for the
Kniest Street Park to be constructed as part of the Upper Bee Branch Creek Restoration
Project. Upon motion the documents were received, filed and approved.
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North Grandview Avenue and Rosedale Avenue Emergency Storm Sewer Repair Project:
City Manager recommending acceptance of the construction contract for the North Grandview
Avenue and Rosedale Avenue Emergency Storm Sewer Repair Project. Upon motion the
documents were received and filed and Resolution No. 8-11 Accepting the North Grandview
Avenue and Rosedale Avenue Emergency Storm Sewer Repair Project and authorizing
payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 8-11
ACCEPTING THE NORTH GRANDVIEW AVENUE AND ROSEDALE AVENUE
EMERGENCY STORM SEWER REPAIR PROJECT AND AUTHORIZING THE PAYMENT
OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the North Grandview Avenue and Rosedale
Avenue Emergency Storm Sewer Repair 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 North
Grandview Storm Reconstruction appropriation for the contract amount of $52,275.67 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.
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Passed, approved and adopted this 18 day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE NORTH GRANDVIEW
AVENUE AND ROSEDALE AVENUE EMERGENCY STORM SEWER REPAIR PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has
inspected the North Grandview Avenue and Rosedale Avenue Emergency Storm Sewer
Repair Project, that the Project has been performed in compliance with the terms of the Public
Improvement Contract, and that the total cost of the completed work is $56,726.63.
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Dated this 10 day of January, 2011.
Gus Psihoyos, City Engineer
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Filed in the office of the City Clerk on the 13 day of January, 2011.
Jeanne F. Schneider, CMC, City Clerk
Dubuque Levee and Floodwall Certification – PAL Progress Report #5: City Manager
recommending approval of the transmittal of the City of Dubuque's Provisionally Accredited
Levee (PAL) Progress Report #5 to FEMA for certification of the Dubuque levee and floodwall
system along the Mississippi River. Motion by Connors to receive and file the documents and
approve the recommendation. Seconded by Resnick. Responding to questions from Council
Public Works Director Don Vogt stated that the removal of trees has yet to be resolved. Motion
carried 6-0.
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Westside Court – Plat of Survey: Zoning Advisory Commission recommending approval of
the plat of survey of Westside Court as requested by Arthofer Properties, LLC. Upon motion
the documents were received and filed and Resolution No. 9-11 Approving the Plat of Survey
of Lot 1 of Lot 1 and Lot 2 of Lot 1 of Arthofer’s Skyline Addition was adopted.
RESOLUTION NO. 09-11
APPROVING THE PLAT OF SURVEY LOT 1 OF LOT 1 AND LOT 2 OF LOT 1 OF
ARTHOFER’S SKYLINE ADDITION
Whereas, there has been filed with the City Clerk a Plat of Survey Lot 1 of Lot 1 and Lot 2 of
Lot 1 of Arthofer’s Skyline Addition; and
Whereas, said Plat of Survey provides 0 feet of frontage for Lot 2 of Lot 1 on a public or
approved private street, where street frontage is required by Section 11-14 of Title 16 of the
City of Dubuque Code of Ordinances, Unified Development Code; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission and
had its approval 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 Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow 0 feet of frontage on a public street or an
approved private street for Lot 2 of Lot 1.
Section 2. That the Plat of Survey Lot 1 of Lot 1 and Lot 2 of Lot 1 of Arthofer’s Skyline
Addition 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 Plat of Survey.
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Passed, approved and adopted this 18 day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Actuarial Valuation of Post Employment Benefit Plans: City Manager recommending
approval of the selection of the SilverStone Group to conduct the GASB-45 actuarial valuation
of post employment benefit plans. Upon motion the documents were received, filed, and
approved.
Mutual Indemnification Agreement with Clarke University: City Manager recommending
approval of a Mutual Indemnification Agreement with Clarke University to allow utilization of
facilities without having to obtain certificates of insurance for each usage. Upon motion the
documents were received, filed, and approved.
Dog Park Update: City Manager providing current information regarding the Iowa
Department of Transportation (IDOT) property at Dodge and Locust Streets for use as a dog
park. Upon motion the documents were received and filed.
IBM Smarter Cities Challenge Application: City Manager recommending approval of the
submission of an application to participate in the IBM Smarter Cities Challenge. Upon motion
the documents were received, filed, and approved.
State of Iowa Direct Financial Assistance Contract for Peninsula Gaming, LLC: City
Manager recommending approval of a contract with the Iowa Department of Economic
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Development (IDED) for Iowa Values Funds Financial Assistance benefits on behalf of
Peninsula Gaming, LLC. Upon motion the documents were received and filed and Resolution
No. 10-11 Approving an Iowa Values Fund Financial Assistance Contract by and among the
Iowa Department of Economic Development, the City of Dubuque and Peninsula Gaming,
LLC, was adopted.
RESOLUTION NO. 10-11
APPROVING AN IOWA VALUES FUND FINANCIAL ASSISTANCE CONTRACT BY AND
AMONG THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, THE CITY OF
DUBUQUE AND PENINSULA GAMING, LLC
Whereas, the Peninsula Gaming, LLC, application was approved by the Iowa Department of
Economic Development on March 18, 2010; and
Whereas, the Iowa Department of Economic Development has prepared and submitted for
City Council approval a contract relating to Iowa Values Fund Financial Assistance benefits for
Peninsula Gaming, LLC, a copy of which is attached hereto and by this reference made a part
hereof; and
Whereas, the City Council finds that the proposed contract is acceptable and necessary to
the growth and development of the city.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of Economic Development Iowa Values Fund Financial
Assistance contract, Number 10-IVF-062, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Contract on
behalf of the City of Dubuque and forward the executed copy to the Iowa Department of
Economic Development for their approval.
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Passed, approved, and adopted this 18 day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
Dubuque County Property in Dubuque Industrial Center Urban Renewal District: City
Manager recommending approval of an agreement with the County of Dubuque to include a
portion of the Seippel Road property under the County’s jurisdiction in the Dubuque Industrial
Center Urban Renewal District. Upon motion the documents were received and filed and
Resolution No. 11-11 Approving an agreement between the City of Dubuque, Iowa, and
Dubuque County, Iowa to amend the Dubuque Industrial Center Urban Renewal District to
include certain property located in Dubuque County, Iowa, was adopted.
RESOLUTION NO. 11-11
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND
DUBUQUE COUNTY, IOWA, TO AMEND THE DUBUQUE INDUSTRIAL CENTER URBAN
RENEWAL DISTRICT TO INCLUDE CERTAIN PROPERTY LOCATED IN DUBUQUE
COUNTY, IOWA
Whereas, the City Council of the City of Dubuque, Iowa (the City Council), has established
the Urban Renewal Plan (the Plan) for Dubuque Industrial Center Urban Renewal Area (the
Area) for the purpose of undertaking an urban renewal project; and
Whereas, the City Council desires to amend the Plan to include property located within two
miles of the corporate limits of the City of Dubuque but within Dubuque County, Iowa; and
Whereas, Iowa Code § 403.17(4) requires the consent of the Board of Supervisors of
Dubuque County, Iowa (the Board), before the City Council can proceed with adoption of an
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amendment to the Plan which would include property located within two miles of the corporate
limits of the City of Dubuque and within Dubuque County, Iowa; and
Whereas, the Board has reviewed the proposed amendment to the Plan to include the
County property described therein as Subarea E of the Dubuque Industrial Center Urban
Renewal Area, and has concluded that consent to the amendment of the Plan to include
Subarea E is in the best interests of County; and
Whereas, the Board and the City Council desire to set forth their agreement in the form
attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Agreement attached hereto is hereby approved on behalf of the City of
Dubuque.
Section 2. That the Mayor is authorized and directed to execute the Agreement on behalf of
the City of Dubuque.
Section 3. That the City Manager is authorized and directed to take such further action as
may be necessary to carry out the intent of the Agreement.
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Passed, approved and adopted this 18 day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RISE Grant Application: City Manager recommending approval of the submission of a RISE
Grant Application to the Iowa Department of Transportation for the construction of road west
from Highway 61 to access lots in the Dubuque Regional Airport Industrial Park. Upon motion
the documents were received and filed and Resolution No. 12-11 Endorsing the submission of
a Revitalize Iowa's Sound Economy (RISE) application to the Iowa Department of
Transportation for the construction of road west from Highway 61 to access lots in the
Dubuque Regional Airport Industrial Park, was adopted.
RESOLUTION NO. 12-11
ENDORSING THE SUBMISSION OF A REVITALIZE IOWA'S SOUND ECONOMY (RISE)
APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE
CONSTRUCTION OF ROAD WEST FROM HIGHWAY 61 TO ACCESS LOTS IN THE
DUBUQUE REGIONAL AIRPORT INDUSTRIAL PARK
Whereas, the City of Dubuque believes that economic development opportunities require
developable industrial land with adequate public infrastructure in order to retain and attract
new job creating businesses and industries to this community; and
Whereas, the City of Dubuque is developing over 50 acres of additional industrial land
located in the Dubuque Regional Airport; and
Whereas, certain lots within the development must be accessed by a road extending west
from Highway 61; and
Whereas, the Iowa Department of Transportation, through its Revitalize Iowa's Sound
Economy (RISE) Competitive Project Funding, has monies available for the development of
public roadways to support economic development opportunities.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby endorses the application to the Iowa
Department of Transportation for RISE Competitive funding to provide roadway access for the
development of lots in the Dubuque Regional Airport Industrial Park.
Section 2. That the City of Dubuque hereby certifies that the roadway improvements will be
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dedicated to public use and will remain so dedicated to public use and that G.O. Bond funds
will be available to finance the City’s portion of project costs.
Section 3. That the City of Dubuque hereby assumes responsibility for and ongoing
maintenance of these roadway improvements and ensures that the roadway will be adequately
maintained in the future.
Section 4. That the City Manager is authorized to sign, on behalf of the City Council, the
application for RISE funding.
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Passed, approved and adopted this 18 day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CM, City Clerk
Citizen Communication: Communication from Sandra Amberg regarding fluoride. Upon
motion the document was received and filed.
The Ten Smartest Cities on the Planet: Copy of Fast Company Magazine article “The Ten
Smartest Cities on the Planet” slideshow. Upon motion the document was received and filed.
Iowa Natural Heritage: Copy of article entitled “A Model for Conservation” from the Iowa
Natural Heritage Magazine regarding Dana Livingston and the program Future Talk, which is
based out of the Multicultural Family Center. Upon motion the document was received and
filed.
Connected World Magazine: Copy of Connected World Magazine article featuring Mayor
Roy Buol and the City of Dubuque. Upon motion the document was received and filed.
Stipulation of Settlement – Property Tax Appeal: City Attorney recommending approval of
the Stipulation of Settlement for the Thermo Fischer Scientific, Inc., 2555 Kerper Boulevard,
2010 property tax protest. Upon motion the documents were received, filed, and approved.
Clark of Dubuque / HIBA Petroleum Settlement Agreement: City Manager recommending
approval of the Settlement Agreement Assessing Penalties and the Order Accepting
Acknowledgement / Settlement Agreement for a second offense alcohol compliance violation
for Clark of Dubuque / HIBA Petroleum, Inc. Upon motion the documents were received, filed,
and approved.
Mindframe Multi Media LLC – Settlement for Alcohol Violation: City Manager recommending
approval of the Settlement Agreement Assessing Penalties and the Order Accepting
Acknowledgement / Settlement Agreement for a first offense alcohol compliance violation for
Mindframe Multi Media LLC. Upon motion the documents were received, filed, and approved.
Dubuque Main Street Program Agreement: City Manager recommending approval of a
Program Agreement between Dubuque Main Street, the City of Dubuque and the Iowa
Department of Economic Development. Upon motion the documents were received and filed
and Resolution No. 13-11 of Support and financial commitment for the Main Street Program in
Dubuque, Iowa, was adopted.
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RESOLUTIONNO.13-11
RESOLUTION OF SUPPORT AND FINANCIAL COMMITMENT FOR THE MAIN STREET
PROGRAM IN DUBUQUE, IOWA
Whereas, an Agreement between the Iowa Department of Economic Development,
Dubuque Main Street and the City of Dubuque for the purpose of continuing the Main Street
Iowa program in Dubuque; and
Whereas, this Agreement is pursuant to contractual agreements between the National Trust
for Historic Preservation and the Iowa Department of Economic Development to assist in the
revitalization of the designated Main Street project area of Dubuque Iowa; and
Whereas, the City Council of Dubuque endorses the goal of economic revitalization of the
Downtown within the context of preservation and rehabilitation of its historic buildings and
supports the continuation of the Main Street Four Point Approach as developed by the National
Trust for Historic Preservation and espoused by Main Street Iowa.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque, Iowa,
meeting in regular session on January 18, 2011, that the City of Dubuque hereby agrees to
support both financially and philosophically the work of Dubuque Main Street and designates
the Main Street Board to supervise the Program Director.
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Passed, approved, and adopted this 18 day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Signed Contracts: (1) Design Service Agreement with IIW to oversee the repair of a section
of the concrete floodwall at the City’s Purina Drive barge terminal; (2) Telegraph Herald
advertising agreement. Upon motion the documents were received and filed.
Liquor License Transfer: Request of Lana Kaye LuGrain to permanently transfer Choppers
Ten Pin Tap liquor license from 500 Rhomberg to 601 Rhomberg. Upon motion the document
was received, filed, and approved.
Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution
No. 14-11 Granting the issuance of a Class “B” Beer Permit to Pizza Hut #4691 and #4690 and
a Class “C” Beer Permit to El Paisano Grocery, Clark of Dubuque and Awn Stop Mart; and
Resolution No. 15-11 Granting the issuance of a Class “C” Beer/Liquor License to Taiko
Japanese Restaurant and Mario’s Italian Restaurant; a Special Class “C” Liquor License to
Café Manna Java West, and a Class “WBN” Native Wine License to Engraved Gift Collection
and Steve’s Ace Home and Garden were adopted.
RESOLUTION NO. 14-11
Whereas, applications for Beer Permits have been submitted and filed to this 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 have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Beer Permit.
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CLASS “B” BEER PERMIT
NPC International, Inc. Pizza Hut # 4691 +(Sunday Sale) 320 E. 20 th Street
NPC International, Inc. Pizza Hut # 4690 +(Sunday Sale) 2075 JFK Road
CLASS “C” BEER PERMIT
Inocente Rubio El Paisano Grocery Store 1543 Central Ave.
+(Sunday Sale)
Hiba Petroleum Inc. Clark of Dubuque +(Sunday Sale) 700 Rhomberg Ave.
Awn Stop Mart, Inc. Awn Stop Mart +(Sunday Sale) 1998 Jackson Street
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Passed, approved and adopted this 18 day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 15-11
Whereas, applications for Liquor Licenses have been submitted to this 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 State Laws and all City Ordinances relevant thereto and they have filed proper
bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named applicants a
Liquor License.
CLASS “C” BEER/LIQUOR LICENSE
Taiko Restaurant, Inc. Taiko Japanese Restaurant 2155 Southpark Court
+(Sunday Sale)
T&M, Inc. Mario’s Italian Restaurant 1298 Main Street
SPECIAL CLASS “C” LIQUOR LICENSE
Café Manna Java West, LLC Café Manna Java West +(Sunday Sale) 150 JFK Road
CLASS “WBN” NATIVE WINE LICENSE
Woodline, Inc. Engraved Gift Collection 962 Main Street
Steve’s Ace Hardware, Inc. Steve’s Ace Home & Garden 3350 JFK Road
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Passed, approved and adopted this 18 day of January, 2011
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Connors 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 Resnick. Motion carried 6-0.
Expansion of Faley Properties, LLC and Faley Enterprises, Inc. (IWI): City Manager
recommending that a public hearing be set for February 7, 2011 to consider approval of the
disposition of Dubuque Industrial Center West property to Faley Properties, LLC and Faley
Enterprises, Inc., for the purpose of constructing a 65,000 square foot office/distribution center.
Upon motion the documents were received and filed and Resolution No. 16-11 Intent to
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dispose of an interest in City of Dubuque real estate and fixing the date for a public hearing of
the City Council of the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax
Increment Revenue Obligations and the execution of a Development Agreement relating
thereto with Faley Properties, LLC and Faley Enterprises, Inc., and providing for the
publication of notice thereof was adopted setting a public hearing for a meeting to commence
at 6:30 p.m. on February 7, 2011 in the Historic Federal Building.
RESOLUTION NO. 16-11
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE
AND
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX
INCREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOPMENT
AGREEMENT RELATING THERETO WITH FALEY PROPERTIES, LLC, AND FALEY
ENTERPRISES, INC., AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the
Property): Lot 2 of Dubuque Industrial Center North First Addition in the City of Dubuque, Iowa;
and
Whereas, City and Faley Properties, LLC, and Faley Enterprise, Inc., have entered into a
Development Agreement, subject to the approval of the City Council, a copy of which is now
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on file at the Office of the City Clerk, City Hall, 13 and Central Avenue, Dubuque, Iowa,
pursuant to which City will convey the Property to Faley Properties, LLC, and Faley
Enterprises, Inc. as shown on Exhibit A attached hereto; and
Whereas, the City Council has tentatively determined that it would be in the best interests of
the City to approve the Development Agreement, including the conveyance of the Property to
Faley Properties, LLC, and Faley Enterprises, Inc.; and
Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal
Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to
enter into the Development Agreement relating thereto for the purpose of carrying out an
Urban Renewal Plan as hereinafter described; and
Whereas, before said obligations may be approved, Chapter 403 of 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. The City of Dubuque intends to dispose of its interest in the foregoing-described
Property by Deed to Faley Properties, LLC, and Faley Enterprises, Inc.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a
notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's
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intent to dispose of the foregoing-described Property, to be held on the 7 day of February, 2011,
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at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6
Street, Dubuque, Iowa.
Section 3. The City Council will also meet at said time and place for the purpose of taking
action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the
execution of the Development Agreement relating thereto with Faley Properties, LLC and Faley
Enterprises, Inc. the proceeds of which obligations will be used to carry out certain of the
special financing activities described in the Urban Renewal Plan for the Dubuque Industrial
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Center Economic Development District, consisting of the funding of economic developments
grants to Faley Properties, LLC and Faley Enterprises, Inc. pursuant to the Development
Agreement under the terms and conditions of said Urban Renewal Plan. It is expected that the
aggregate amount of the Tax Increment Revenue obligations will be approximately $825,000.
Section 4. 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, published 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.
Section 5. That the notice of the proposed action to issue said obligations shall be in
substantially the form attached hereto.
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Passed, approved and adopted this 18 day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Plastic Center, Inc. – Development Agreement: City Manager recommending that a public
hearing be set for February 7, 2011 to consider entering into a Development Agreement with
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Plastic Center, Inc. for the purpose of redeveloping properties located at 426 West 5 Street
and 951, 955 and 957 Main Street. Upon motion the documents were received and filed and
Resolution No. 17-11 Fixing the date for a public hearing of the City Council of the City of
Dubuque, Iowa, on the proposed issuance of Urban Renewal Tax Increment Revenue
Obligations and the execution of a Development Agreement relating thereto with Plastic
Center, Inc., and providing for the publication of notice thereof was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on February 7, 2011 in the Historic Federal
Building.
RESOLUTION NO. 17-11
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX
INCREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOPMENT
AGREEMENT RELATING THERETO WITH PLASTIC CENTER, INC., AND PROVIDING
FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, City and Plastic Center, Inc., have entered into a Development Agreement,
subject to the approval of the City Council, a copy of which is now on file at the Office of the
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City Clerk, City Hall, 13 and Central Avenue, Dubuque, Iowa; and
Whereas, the City Council has tentatively determined that it would be in the best interests of
the City to approve the Development Agreement, with Plastic Center, Inc.; and
Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal
Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to
enter into the Development Agreement relating thereto for the purpose of carrying out an
Urban Renewal Plan as hereinafter described; and
Whereas, before said obligations may be approved, Chapter 403 of 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. The City Clerk is hereby authorized and directed to cause this Resolution and a
11
notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the
City's intent to authorize Urban Renewal Tax Increment Revenue obligations, to be held on the
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7 day of February, 2011, at 6:30 o'clock p.m. in the City Council Chambers at the Historic
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Federal Building, 350 W. 6 St., Dubuque, Iowa.
Section 2. The City Council will meet at said time and place for the purpose of taking action
on the matter of authorizing Urban Renewal Tax Increment Revenue Obligations and the
execution of the Development Agreement relating thereto with Plastic Center, Inc., the
proceeds of which obligations will be used to carry out certain of the special financing activities
described in the Urban Renewal Plan for the Greater Downtown Urban Renewal District,
consisting of the funding of economic developments grants to Plastic Center, Inc., pursuant to
the Development Agreement under the terms and conditions of said Urban Renewal Plan. It is
expected that the aggregate amount of the Tax Increment Revenue obligations is
approximately $325,250.
Section 3. 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, published 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.
Section 4. That the notice of the proposed action to issue said Obligations shall be in
substantially the form attached hereto.
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Passed, approved and adopted this 18 day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
North Cascade Road Bridge Construction Project: City Manager recommending initiation of
the public bidding process for the North Cascade Road Bridge Project and that a public
hearing be set for February 7, 2011 to consider approval of the plans and specifications, form
of contract, and estimated cost. Upon motion the documents were received and filed and
Resolution No. 18-11 Preliminary approval of plans, specifications, form of contract, and
estimated cost, setting date of public hearing and ordering bids for the North Cascade Road
Bridge Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m.
on February 7, 2011 in the Historic Federal Building.
RESOLUTION NO. 18-11
SOUTHWEST ARTERIAL PROJECT
NORTH CASCADE ROAD BRIDGE CONSTRUCTION
IOWA DOT PROJECT NO. HDP-2100 (661)--71-31
SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the North
,
Cascade Road Bridge Construction Project (Phase II of the Southwest Arterial Project) Iowa,
DOT Project No. HDP-2100 (661)--71-31, in the estimated amount $1,887,600, are hereby
preliminarily approved and ordered filed in the office of the City Clerk for public inspection.
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A public hearing will be held on the 7 day of February, 2011, at 6:30 p.m. in the Historic
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Federal Building Council Chambers (second floor), 350 West 6 Street, Dubuque, Iowa, at
which time interested persons may appear and be heard for or against the proposed plans and
specifications, form of contract and estimated cost of said Project, and the City Clerk be and is
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hereby directed to cause the attached notice of the time and place of such hearing to be
published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice
shall be published not less than four days nor more than twenty days prior to the date of such
hearing. At the hearing, any interested person may appear and file objections to the proposed
plans, specifications, form of contract, or estimated cost of the Project.
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Passed, adopted and approved this 18 day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Fiscal Year 2012 Annual Action Plan: City Manager recommending that a public hearing be
set for March 1, 2011 to consider approval of the Fiscal Year 2012 Community Development
Block Grant (CDBG) Annual Action Plan. Upon motion the documents were received and filed
and Resolution No. 19-11 Setting a public hearing on the Fiscal Year 2012 (Program Year
2011) Community Development Block Grant (CDBG) Annual Action Plan was adopted setting
a public hearing for a meeting to commence at 6:30 p.m. on March 1, 2011 in the Historic
Federal Building.
RESOLUTION NO. 19-11
SETTING A PUBLIC HEARING ON THE FISCAL YEAR 2012 (PROGRAM YEAR 2011)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN
Whereas, the City of Dubuque has, through a series of public meetings and hearings,
finalized a Fiscal Year 2012 (Program Year 2011) Community Development Block Grant
Annual Action Plan addressing both housing and non-housing needs in the community; and
Whereas, copies of the draft Fiscal Year 2012 (Program Year 2011) CDBG Annual Action
Plan will be available for public comment for 30 days prior to City Council action; and
Whereas, the City's Community Development Advisory Commission has reviewed and
recommended adoption of the Annual Action Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council will meet in the Historic Federal Building, Council
nd
Chambers, 2 Floor, 350 West 6th Street, Dubuque, Iowa, at 6:30 p.m. on March 1, 2011 for
the purpose of holding a public hearing and taking action on the Fiscal Year 2012 (Program
Year 2011) Community Development Block Grant Annual Action Plan.
Section 2. That the City Clerk be and is hereby authorized and directed to publish a notice
of such public hearing and the City Council’s intent to review and take action on the Fiscal
Year 2012 (Program Year 2011) Community Development Block Grant Annual Plan.
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Passed, approved and adopted this 18 day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Dubuque Industrial Center Economic Development District: City Manager recommending
that a public hearing be set for March 7, 2011 to consider an amendment to the Dubuque
Industrial Center Economic Development District. Upon motion the documents were received
and filed and Resolution No. 20-11 Resolution of Necessity finding that certain areas adjacent
to the Dubuque Industrial Center Economic Development District meet the definition of an
Economic Development Area under the Urban Renewal Law, and that development of said
areas is necessary in the interest of the residents of the City of Dubuque, Iowa, was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on March 7, 2011 in the
Historic Federal Building.
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RESOLUTION NO. 20-11
RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS ADJACENT TO THE
DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT MEET THE
DEFINITION OF AN ECONOMIC DEVELOPMENT AREA UNDER THE URBAN RENEWAL
LAW, AND THAT DEVELOPMENT OF SAID AREAS IS NECESSARY IN THE INTEREST
OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution No. 109-08
adopted on April 7, 2008 approved the Amended and Restated Urban Renewal Plan for the
Dubuque Industrial Center Economic Development District (the “District”) in order to provide
redevelopment opportunities which will further the purposes and objectives of the foregoing
Urban Renewal Plan; and
Whereas, the City Council has found that certain areas adjacent to the District meet the
definition of an economic development area as found in Chapter 403 "Urban Renewal" of the
Iowa Code; and
Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority may
be exercised, a City Council must adopt a resolution of necessity finding that the area in
question is a slum, blighted or economic development area, and that so designating such area
is necessary in the interest of the public health, safety or welfare of the residents of the
municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the following described area, which is proposed to be added to the Dubuque
Industrial Center Economic Development District, is an economic development area as defined
by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project, to wit:
All of Lot 1 of 1 and Lot 2 of 1 of the South Fork Subdivision No. 1, including any
adjoining public street right-of-way to said lots, all in the City of Dubuque,
Dubuque County, Iowa, and; all of Seippel Road right of way from the north
boundary line of Lot 1 of 1 of South Fork Subdivision No. 1 in the City of
Dubuque, to the south boundary lines of Lot H of Dubuque Industrial Center
West and Lot 1 of Dubuque 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.
Section 2. That the development of the above-described expansion area is necessary and
appropriate to facilitate the proper growth and development of the community in accordance
with sound planning and local community objectives.
Section 3. That the City Manager is authorized and directed to prepare an amendment to
the Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District for the purpose of including the above-described area in the District, to
forward said amendment to the City's Long Range Planning Commission for review and
comment, and to begin the consultation process required by law with affected taxing entities.
Section 4. That the City Clerk is directed to publish notice of a public hearing on the
adoption of the proposed amendment to the Amended and Restated Urban Renewal Plan for
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the Dubuque Industrial Center Economic Development District to be held on March 7, 2011 at
6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, 52001 and that
said notice shall generally identify the areas covered by the Amended and Restated Plan, the
areas proposed to be added to the District, and the general scope of the urban renewal
activities planned for such areas, and that said notice shall be published and available to the
public on February 25, 2011.
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Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said
notice of public hearing and the proposed amendment to the Dubuque Community School
District, the County Board of Supervisors and the Northeast Iowa Community College, as the
affected taxing entities.
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Passed, approved and adopted this 18 day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Greater Downtown Urban Renewal District: City Manager recommending that a public
hearing be set for March 7, 2011 to consider an amendment to the Greater Downtown Urban
Renewal District to include the South Bluff Street Subarea. Upon motion the documents were
received and filed and Resolution No. 21-11 Resolution of Necessity finding that certain areas
adjacent to the Greater Downtown Urban Renewal District meet the definition of a blighted
area under the Urban Renewal Law, and that development of said area is necessary in the
interest of the residents of the City of Dubuque, Iowa, setting a public hearing for a meeting to
commence at 6:30 p.m. on March 7, 2011 in the Historic Federal Building.
RESOLUTION NO. 21-11
A RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS ADJACENT TO THE
GREATER DOWNTOWN URBAN RENEWAL DISTRICT MEET THE DEFINITION OF A
BLIGHTED AREA UNDER THE URBAN RENEWAL LAW, AND THAT DEVELOPMENT OF
SAID AREAS IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF
DUBUQUE, IOWA
.
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution No. 269-10
adopted on July 19, 2010 approved the Amended and Restated Urban Renewal Plan for the
Greater Downtown Urban Renewal District (a merger of the Downtown Dubuque and Ice
Harbor Urban Renewal Districts) (the “District”) in order to provide redevelopment opportunities
which will further the purposes and objectives of the foregoing Urban Renewal Plan; and
Whereas, the City Council has found that certain areas adjacent to the District meet the
definition of a blighted area as found in Chapter 403 "Urban Renewal" of the Iowa Code; and
Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority may
be exercised, a City Council must adopt a resolution of necessity finding that the area in
question is a slum, blighted or economic development area, and that so designating such area
is necessary in the interest of the public health, safety or welfare of the residents of the
municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the following generally described area, which is proposed to be added to the
Greater Downtown Urban Renewal District, is a blighted area as defined by Chapter 403 of the
Iowa Code and is appropriate for an urban renewal project, to wit:
South Bluff Street Subarea
Commencing as a point of reference at the intersection of the centerlines of
Emmett Street and Bluff Street in the City of Dubuque, Dubuque County, Iowa,
said point being the point of beginning; thence southeasterly along the centerline
of Bluff Street to a point of intersection with the centerline W. First Street; thence
southwesterly along the centerline W. First Street to the centerline of Bluff Street;
thence southwesterly along the centerline of Bluff Street to a point of intersection
with the centerline Dodge Street; thence southwesterly along the centerline
Dodge Street to a point of intersection with the easterly line of Lot 3 of City Lot
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694 extended southeasterly; thence northwesterly along the easterly line of said
Lot 3 of City Lot 694 and Lot 1-1 and 2-1 of City Lot 694 to the southwest corner
of Lot 1-2 of City Lot 694; thence northeasterly along said southerly line of said
Lot 1-2 of City Lot 694 to the southeast corner of said Lot; thence northwesterly
along said easterly line of Lot 1-2 of City Lot 694 to a point of intersection with
the southerly line of Lot 12 of Saint Raphael’s Addition; thence northeasterly
along said southerly line of said Lot 12 and extension thereof to the centerline of
St. Mary’s Street; thence northwesterly along the centerline of St. Mary’s Street
to a point of intersection with the centerline of Emmett St.; thence northeasterly
along the centerline of Emmett St. to centerline of Bluff Street, said point being
point of beginning.
Section 2. That the development of the above-described expansion area is necessary and
appropriate to facilitate the proper growth and development of the community in accordance
with sound planning and local community objectives.
Section 3. That the City Manager is authorized and directed to prepare an Amended and
Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District for the
purpose of including the above-described areas in the District, to forward said amendment to
the City's Long Range Planning Commission for review and comment, and to begin the
consultation process required by law with affected taxing entities.
Section 4. That the City Clerk is directed to publish notice of a public hearing on the
adoption of the proposed Amended and Restated Urban Renewal Plan for the Greater
Downtown Urban Renewal District to be held on March 7, 2011 at 6:30 p.m. in the Historic
Federal Building, 350 West 6th Street, Dubuque, Iowa, 52001 and that said notice shall
generally identify the areas covered by the Amended and Restated Plan, the areas proposed
to be added to the District, and the general scope of the urban renewal activities planned for
such areas, and that said notice shall be published and available to the public not less than
four days nor more than twenty days before the date of said meeting. A copy of the notice of
public hearing shall be sent by ordinary mail to the affected taxing entities.
Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said Plan
and notice of public hearing to the Dubuque Community School District, the County Board of
Supervisors and the Northeast Iowa Community College, as the affected taxing entities.
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Passed, approved and adopted this 18 day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
BOARDS/COMMISSIONS
Sister City Relationships Advisory Commission: City Attorney recommending that the
membership of the Sister City Relationships Advisory Commission be increased from eleven
members to thirteen members (two representatives of the City Council and eleven at-large
members) and that five at-large members be appointed for terms ending February 1, 2014.
Motion by Jones to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 1-11 Amending City
of Dubuque Code of Ordinances Title 2 Boards and Commissions; Chapter 10 Sister City
Relationships Advisory Commission; Section 2-10-5 Membership by increasing the
membership to thirteen members, and Section 2-10-6 Terms providing that five members are
appointed for terms ending February 1, 2014. Seconded by Resnick. Motion carried 6-0.
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OFFICIAL PUBLICATION
ORDINANCE NO. 1-11
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS CHAPTER 10 SISTER CITY RELATIONSHIPS ADVISORY COMMISSION
SECTION 2-10-5 MEMBERSHIP BY INCREASING THE MEMBERSHIP TO THIRTEEN
MEMBERS, AND SECTION 2-10-6 TERMS PROVIDING THAT FIVE MEMBERS ARE
APPOINTED FOR TERMS ENDING FEBRUARY 1, 2014
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 2-10-5 is amended to read as
follows:
2-10-5: Membership: The Commission shall consist of thirteen (13) members appointed
by the City Council.
1. Two (2) members shall be representatives of the City Council.
2. Eleven (11) members shall be at-large residents of the City, appointed by the City
Council.
Section 2. City of Dubuque Code of Ordinances Section 2-10-6 is amended to read as
follows:
2-10-6: Terms: The initial terms of Commissioners will be as follows: three (3)
Commissioners for terms ending February 1, 2012, three (3) Commissioners for terms
ending February 1, 2013 and five (5) Commissioners for terms ending February 1, 2014.
Thereafter, each member of the Commission shall hold office for three (3) years or until
such member's successor is appointed and qualified.
Section 3. This ordinance shall take effect upon publication.
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Passed, approved and adopted the 18 day of January, 2011.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 24 day of January, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
Applicants are invited to address the City Council regarding their desire to serve on the
following Boards/Commissions:
Community Development Advisory Commission: One 3-year term through February 15,
2014 (Term of Michalski). Applicant: Ann Michalski, 1520 Altura Drive. Ms Michalski spoke in
support of her reappointment.
Appointments to the following Boards/Commissions:
Housing Code Appeals Board: One 3-year term through January 11, 2014 (Term of Young).
Applicant: David Young, 1572 Central Avenue. Motion by Connors to appoint David Young to
the Housing Code Appeals Board for a 3-year term through January 11, 2014. Seconded by
Lynch. Motion carried 6-0.
Sister City Relationships Advisory Commission:Setting 11 Initial Terms: Three 1-year terms
through February 1, 2012; Three 2-year terms through February 1, 2013; and Five 3-year
terms through February 1, 2014. Applicants: Sheila Castaneda, 1014 Dunham Drive; Michael
Coty, 125 Bluff Street; Larissa Filimonenko, 2260 Samantha Drive; Jeffrey Jochum, 3750
Aerostar Drive; Richard Landis, 2390 Clarke Crest Drive; Pat McNamara, 1041 Shady Oaks
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Drive; William McIntee, 1339 Belmont Street; Eric Miller, 1290 W. 5 Street, #1; Betty Phillips,
3047 Kane Court; Louise Thurn, 3037 Kaufmann Avenue; and Annalee Ward, 2758 Tiffany
Court.
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Motion by Jones to appoint Richard Landis to the Sister City Relationships Advisory
Commission for one 3-year term through February 1, 2014. Seconded by Connors. Motion
carried 6-0.
Motion by Jones to appoint the remaining applicants by lottery. Seconded by Connors.
Mayor Pro-Tem Braig and Council Member Lynch drew the lottery with the following results:
Sheila Castaneda, Larissa Filimonenko, Eric Miller, and Annalee Ward were appointed to 3-
year terms through February 1, 2014; Michael Coty, Betty Phillips, and Louise Thurn were
appointed to 2-year terms through February 1, 2013; and Jeffrey Jochum, Pat McNamara, and
William McIntee were appointed to 1-year terms through February 1, 2012. Motion carried 6-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Request to Amend ID Institutional District – University of Dubuque: Proof of publication on
notice of public hearing to consider a request from the University of Dubuque to amend the ID
Institutional District to allow construction of three residence halls on the south campus west of
University Park Drive and Zoning Advisory Commission recommending approval. Motion by
Lynch 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 Jones. James Steiner, Vice President of
Finance and Auxiliary Services for the University of Dubuque, reviewed the project to date.
Assistant City Planner Kyle Kritz provided a staff report. Responding to questions from City
Council, City Engineer Gus Psihoyos further described the underground storm water detention
technology planned for this project and stated that he did not foresee any issues with it. Motion
carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 2-11 Amending Title
16 of the Code of Ordinances, Unified Development Code, by providing for the approval of an
amended Campus Development Plan for the University of Dubuque to allow construction of
three (3) residence halls on the south campus west of University Park Drive. Seconded by
Resnick. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 2-11
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY PROVIDING FOR THE APPROVAL OF AN AMENDED
CAMPUS DEVELOPMENT PLAN FOR THE UNIVERSITY OF DUBUQUE TO ALLOW
CONSTRUCTION OF THREE (3) RESIDENCE HALLS ON THE SOUTH CAMPUS WEST OF
UNIVERSITY PARK DRIVE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, be amended by providing for the approval of an amended campus
development plan for the University of Dubuque ID Institutional District, a copy of which is on
file with the City of Dubuque Planning Services Department.
Section 2. Institutional District Regulations.
A. Use Regulations
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The following regulations shall apply to all uses made of land in the above-
described ID Institutional District:
1. Principal permitted uses shall be limited to:
a. Offices for administrative personnel or other institutional employees
and affiliates.
b. Churches, libraries, and museums.
c. Classrooms, laboratories, lecture halls, and similar places of
institutional assembly.
d. Off-street parking and loading.
e. Recreational or athletic facilities for the primary use and benefit of
institutional residents or affiliates.
f. Single-family, two-family or multi-family dwellings for the housing of
institutional residents or affiliates.
2. Accessory Uses. The following uses shall be permitted as accessory
uses in the above-described ID Institutional District.
a. Located entirely within a principal building, bookstores, or bars
seating not more than seventy-five (75) persons at one time and
located not closer than two hundred feet (200’) from the nearest
Residential or Office Residential District.
b. All uses customarily incidental to the principal permitted uses in
conjunction with which such accessory uses operated or
maintained, but not to include commercial use outside the principal
building.
3. No conditional uses shall be allowed.
B. Lot and Bulk Regulations
Development of land in the ID Institutional District shall be regulated as
follows:
The proposed residence halls and associated parking lot shall be constructed
in substantial conformance with the attached amended campus development
plan.
C. Performance Standards
The development and maintenance of uses in this ID Institutional District shall
be established in conformance with Section 5-22 of the Unified Development
Code and the following standards:
1. The storm water control shall be designed and built in accordance with
City Regulations subject to review and approval by the City of Dubuque
Engineering Department.
2. That appropriate erosion and sediment control will be installed prior to
commencement of any land disturbing activity related to the subject
project, including all required state and city permits related to erosion
control.
3. That a six-foot high chain link fence shall be installed beginning at the
south end of the parking lot retaining wall and ending at the south end of
the parking lot.
4. New outdoor lighting shall utilize 72-degree cut-off luminaries.
5. Landscaping shall be provided in compliance with Article 13 of the
Unified Development Code.
6. All utilities, including telephone and cable television, shall be installed
underground.
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7. Final site plans shall be submitted in accordance with Articles 12 and 13
of the Unified Development Code.
D. Parking Requirements
The off-street parking requirements for the principal permitted uses for the
herein described ID Institutional District shall be regulated as follows.
1. The number, size and layout of off-street parking shall be in substantial
compliance with the amended campus plan.
2. The design of the parking lot shall comply with Article 13 of the Unified
Development Code.
3. Any significant expansion or reduction in the number of off-street parking
spaces must be reviewed by Planning Services staff for compliance with
the adopted Institutional District regulations.
E. Sign Regulations
The sign regulations shall be the same as that which are allowed in the ID
Institutional District as established in Article 15 of the Unified Development
Code.
F. Additional Standards
That all previously approved campus development plans are hereby amended
to allow for the attached campus development plan.
G. Transfer of Ownership
Transfer of ownership of property in this ID Institutional District requires
rezoning of the property to an appropriate zoning district.
H. Modifications
Any modifications of this Ordinance must be approved by the City Council in
accordance with zoning reclassification proceedings of Article 9 of the Unified
Development Code.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall take effect upon publication, as provided by law.
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Passed, approved and adopted this 18 day of January, 2011.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 24 day of January, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
Request to Amend ID Institutional District – University of Dubuque: Proof of publication on
notice of public hearing to consider a request from the University of Dubuque to amend the ID
Institutional District to allow construction of a Performing Arts Center at the corner of Bennett,
McCormick and Grace Streets and Zoning Advisory Commission recommending approval.
Motion by Connors to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be passed be suspended. Seconded by Resnick. James Steiner, Vice
President of Finance and Auxiliary Services for the University of Dubuque, reviewed the
project to date. Assistant City Planner Kyle Kritz provided a staff report. Responding to
questions from City Council, Mr. Steiner stated that in an effort to prevent parking congestion,
campus events would be scheduled in the new facility only during the daytime hours of the
school year with the large, community events scheduled at night, on weekends, or during the
summer months when students are away. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 3-11 Amending
20
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing
for the approval of an amended Campus Development Plan for the University of Dubuque ID
Institutional District to allow construction of a Performing Arts Center and associated parking
lot at the corner of Bennett, McCormick and Grace Streets. Seconded by Jones. Motion carried
6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 3-11
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY PROVIDING FOR THE APPROVAL OF AN AMENDED
CAMPUS DEVELOPMENT PLAN FOR THE UNIVERSITY OF DUBUQUE ID
INSTITUTIONAL DISTRICT TO ALLOW CONSTRUCTION OF A PERFORMING ARTS
CENTER AND ASSOCIATED PARKING LOT AT THE CORNER OF BENNETT,
MCCORMICK AND GRACE STREETS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, be amended by providing for the approval of an amended campus development plan for
the University of Dubuque ID Institutional District, a copy of which is on file with the City of
Dubuque Planning Services Department.
Section 2. Institutional District Regulations.
A. Use Regulations
The following regulations shall apply to all uses made of land in the above-
described ID Institutional District:
1. Principal permitted uses shall be limited to:
a. Offices for administrative personnel or other institutional employees
and affiliates.
b. Churches, libraries, and museums.
c. Classrooms, laboratories, lecture halls, and similar places of
institutional assembly.
d. Off-street parking and loading.
e. Recreational or athletic facilities for the primary use and benefit of
institutional residents or affiliates.
f. Single-family, two-family or multi-family dwellings for the housing of
institutional residents or affiliates.
2. Accessory Uses. The following uses shall be permitted as accessory
uses in the above-described ID Institutional District.
a. Located entirely within a principal building, bookstores, or bars
seating not more than seventy-five (75) persons at one time and
located not closer than two hundred feet (200’) from the nearest
Residential or Office Residential District.
b. All uses customarily incidental to the principal permitted uses in
conjunction with which such accessory uses operated or
maintained, but not to include commercial use outside the principal
building.
3. No conditional uses shall be allowed.
B. Lot and Bulk Regulations
Development of land in the ID Institutional District shall be regulated as
follows:
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The proposed Performing Arts Center and proposed parking lot at the corner
of Bennett, McCormick and Grace Streets shall be constructed in substantial
conformance with the attached amended campus development plan.
C. Performance Standards
The development and maintenance of uses in this ID Institutional District shall
be established in conformance with Section 5-22 of the Unified Development
Code and the following standards:
1. The storm water control shall be designed and built in accordance with
City Regulations subject to review and approval by the City of Dubuque
Engineering Department.
2. That appropriate erosion and sediment control will be installed prior to
commencement of any land disturbing activity related to the subject
project, including all required state and city permits related to erosion
control.
3. New outdoor lighting shall utilize 72-degree cut-off luminaries.
4. Landscaping shall be provided in compliance with Article 13 of the
Unified Development Code.
5. All utilities, including telephone and cable television, shall be installed
underground.
6. Final site plans shall be submitted in accordance with Articles 12 and 13
of the Unified Development Code.
D. Parking Requirements
The off-street parking requirements for the principal permitted uses for the
herein described ID Institutional District shall be regulated as follows.
1. The number, size and layout of off-street parking shall be in substantial
compliance with the amended campus plan.
2. The design of the parking lot shall comply with Article 13 of the Unified
Development Code.
3. Any significant expansion or reduction in the number of off-street parking
spaces must be reviewed by Planning Services staff for compliance with
the adopted Institutional District regulations.
E. Sign Regulations
The sign regulations shall be the same as that which are allowed in the ID
Institutional District as established in Article 15 of the Unified Development
Code.
F. Additional Standards
That all previously approved campus development plans are hereby amended
to allow for the attached campus development plan.
G. Transfer of Ownership
Transfer of ownership of property in this ID Institutional District requires
rezoning of the property to an appropriate zoning district.
H. Modifications
Any modifications of this Ordinance must be approved by the City Council in
accordance with zoning reclassification proceedings of Article 9 of the Unified
Development Code.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall take effect upon publication, as provided by law.
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Passed, approved and adopted the 18 day of January, 2011.
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/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 24 day of January, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
Request to Rezone – 2981 Central Avenue: Proof of publication on notice of public hearing
to consider a request from Adam Johnson / Pegasus Properties to rezone property at 2981
Central Avenue from R-1 Single-Family Residential District to OR Office Residential District
and Zoning Advisory Commission recommending approval. Motion by Connors to receive and
file the documents and that the requirement that a proposed ordinance be considered and
voted on for passage at two Council meetings prior to the meeting at which it is to be passed
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be suspended. Seconded by Lynch. Developer Adam Johnson of Pegasus Properties, 211 4
Street, Galena, IL, spoke in support of the proposed ordinance. Assistant City Planner Kyle
Kritz provided a staff report.
Motion by Connors for final consideration and passage of Ordinance No. 4-11 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 2981 Central Avenue from R-1 Single-
Family Residential District to OR Office Residential District. Seconded by Jones. Motion
carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 4-11
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY
LOCATED AT 2981 CENTRAL AVENUE FROM R-1 SINGLE-FAMILY RESIDENTIAL
DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, is hereby amended by reclassifying the hereinafter described property from R-1 Single-
Family Residential to OR Office Residential District, to wit: Lot 1 of 1 Paragon Square, 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 Advisory
Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided by
law.
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Passed, approved and adopted the 18 day of January, 2011.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 24 day of January, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
Release of Easements – Lot 1 of Yiannias Place: Proof of publication on notice of public
hearing to consider a request from Brian Kane, representing Key City Investment Company,
for the release of easements in Yiannias Place in the City of Dubuque and City Manager
recommending approval. Motion by Jones to receive and file the documents and adopt
Resolution No. 22-11 Disposing of City interest in Easement “B” and Easement “D” in Lot 1
and Lot 1A of Yiannias Place in the City of Dubuque, Dubuque County, Iowa. Seconded by
Connors. Motion carried 6-0.
23
RESOLUTION NO. 22-11
DISPOSING OF CITY INTEREST IN EASEMENT “B” AND EASEMENT “D” IN LOT 1 AND
LOT 1A OF YIANNIAS PLACE IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the City of
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Dubuque, Iowa on this 7 day of January, 2011, the City Council of the City of Dubuque, Iowa
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met on the 18 day of January, 2011, at 6:30 p.m. in the Historic Federal Building Council
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Chambers (second floor), 350 West 6 Street, Dubuque, Dubuque County, Iowa to consider
the Release of Easements on and over real estate described as: Lot 1 and Lot 1A of Yiannias
Place in the City of Dubuque, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objections,
oral or written to the proposal to sell such real estate, except for easement as noted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the release of easements of City of Dubuque interest in Easement “B” for
sanitary sewer and Easement “D” for access purposes in real estate described as Lot 1 and
Lot 1A of Yiannias Place in the City of Dubuque, Dubuque County, Iowa, to Key City
Investment Company be and the same is hereby approved for the sum of the publication and
filing fees. Conveyance shall be by Quit Claim Deed.
Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed, and
the City Clerk be and is hereby authorized and directed to deliver said deed of conveyance to
Key City Investment Company upon receipt of the publication and filing fees paid in full.
Section 3. That the City Clerk be and is hereby authorized and directed to record a certified
copy of this resolution in the offices of the City Assessor, Dubuque County Recorder and
Dubuque County Auditor.
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Passed, approved and adopted this 18 day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Amendments to the Housing Code (First Reading on January 3, 2011): Communication from
John Herrig requesting a sit down work session with the City Council or an appearance before
the City Council to be heard in reference to the Action Item – Amendments to the Housing
Code, as proposed. Motion by Jones to receive and file the documents and that the
requirement that a proposed ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which it is to be passed be suspended. Seconded by Resnick.
Council Member Resnick read Mr. Herrig’s communication into the Record. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 5-11 Amending
City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation, and Environment,
Chapter 6 Housing Regulations, Section 6-6-7 Licenses and Inspections requiring a property
owner, manager, or licensed real estate professional to participate in the crime free multi-
housing program as a condition of a license issuance or renewal for a rental dwelling operating
license; and Ordinance No. 6-11 Amending the City of Dubuque Code of Ordinances Title 6
Health, Housing, Sanitation, and Environment, Chapter 6 Housing Regulations by adopting a
new Section 6-6-11 Priority Category; amending Chapter 6 Housing Regulations by adopting a
24
new Section 6-6-12 Procedure for Hearing Appeal of Priority Category Status; and amending
Chapter 6 Housing Regulations by adopting a new Section 6-6-13 Inspection of Properties
Owned by Priority Category. Seconded by Jones. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 5-11
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUSING,
SANITATION, AND ENVIRONMENT, CHAPTER 6 HOUSING REGULATIONS, SECTION 6-
6-7 LICENSES AND INSPECTIONS REQUIRING A PROPERTY OWNER, MANAGER, OR
LICENSED REAL ESTATE PROFESSIONAL TO PARTICIPATE IN THE CRIME FREE
MULTIHOUSING PROGRAM AS A CONDITION OF A LICENSE ISSUANCE OR RENEWAL
FOR A RENTAL DWELLING OPERATING LICENSE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6-6-7 of the City of Dubuque Code of Ordinances is amended to read as
follows:
6-6-7. LICENSES AND INSPECTIONS:
A. Rental Dwelling Operating License:
1. License Required: No property owner, manager, or licensed real estate
professional may operate a "rental dwelling unit", as defined by this Housing Code,
in the city unless such person holds a current rental dwelling operating license
issued by the city manager in the name of the property owner, manager, or licensed
real estate professional for the specific named dwelling.
. . . .
2. Terms of Operating Licenses:
a. Every operating license issued will be for a term of one (1) calendar year
from the date of its issuance, and upon application, may be renewed and
remain effective for successive periods of one (1) calendar yearunless sooner
revoked by the city manager for noncompliance with any applicable provision
of this Housing Code.
b. If a property owner, manager, or licensed real estate professional is
designated a habitual violator of the Housing Code under Section 6-6-11 of
the Code of Ordinances, the city manager may suspend, revoke, or reduce
the term of the rental license from an annual license to a quarterly license
until such time as the habitual violator has gone twelve (12) consecutive
months without a violation which would qualify the individual for habitual
violator status.
c. A rental dwelling operating license may be transferred from one property
owner, manager, or licensed real estate professional to another property
owner, manager, or licensed real estate professional, provided notice of
transfer is given in writing to the city manager not less than five (5) working
days prior to the proposed transfer. Such notice must include the name and
address of the property owner, manager, or licensed real estate professional
succeeding to the ownership or control of such licensed dwelling.
d. A rental dwelling operating license is not transferable from one dwelling to
another dwelling.
e. A property owner, manager, or licensed real estate professional holding
an operating license must give notice in writing to the city manager not less
than five (5) working days after having transferred or otherwise disposed of
25
the ownership or control of the licensed dwelling. Such notice must include
the name and address of the property owner, manager, or licensed real
estate professional succeeding to the ownership or control of such licensed
dwelling.
3. Suspension/Revocation:
a. The city manager may, for good cause, suspend or revoke a rental
dwelling operating license for a dwelling, and in the case of a multi-family
dwelling, suspend the license as to one (1) or more units for a period not to
exceed one (1) year for any of the following:
. . . .
(4) Nonpayment of the fee for renewal of the dwelling operating
license;
(5) Failure to attend the Crime Free Multihousing Program; or
(6) Failure to perform a required criminal background check on an
applicant for tenancy.
b. Prior to any suspension or revocation under this subsection, the city
manager must give notice in writing to the property manager, owner, or
licensed real estate professional and provide for an opportunity to appeal
under Section 6-6-9 of the Code of Ordinances.
c. During the period of revocation or suspension, a unit for which the license
was suspended or revoked may not be relicensed.
. . . .
4. Licenses: The city manager is hereby authorized to issue and renew a rental
dwelling operating license in the name of the applicant property owner, manager, or
licensed real estate professional, provided the following criteria are met:
a. The property owner, manager, or licensed real estate professional must
first make application therefor on an application provided by the city manager.
b. The dwelling for which a rental dwelling operating license is sought is
warranted by the property owner, manager, or licensed real estate
professional to substantially comply with this Housing Code.
. . . .
d. The property owner, manager, or licensed real estate professional must
designate a responsible agent to represent the property owner, manager, or
licensed real estate professional whenever the property owner, manager, or
licensed real estate professional is not available for maintenance of the
dwelling for which a license is sought. The agent must have the same
authority and responsibility as the property owner, manager, or licensed real
estate professional for maintaining the dwelling.
e. The property owner or manager must have completed the Crime Free
Multihousing Program (the Program) or a program of continuing education
approved by the city manager as follows:
(1) A property owner or manager who manages over ten (10) rental
units must complete the Program within twelve (12) months of the
passage of this ordinance.
(2) A property owner or manager who manages between five (5) and
nine (9) rental units must complete the Program within twenty-four (24)
months of the passage of this ordinance.
26
(3) A property owner or manager who manages between one (1) and
four (4) rental units must complete the Program within thirty-six (36)
months of the passage of this ordinance.
(4) Until such time as the property owner or manager has completed
the Program or an equivalent program of continuing education
approved by the city manager, only a temporary rental license may be
issued.
(5) A property owner or manager who has completed the Program
since 2000 according to the city’s records, or who can provide other
proof of completion, will be exempted from this requirement.
(6) Licensed real estate professionals are exempted from the Crime
Free Multihousing Program attendance requirement.
f. The property owner, manager, or licensed real estate professional agrees
to conduct background checks for all prospective tenants whose tenancy
commences on or after July 1, 2011. A background check may be performed
using the city’s free background check service or by another background
check service approved by the city manager.
. . . .
6. Relationship of License to Other Codes: The issuance of a license for a rental
dwelling unit does not in any way signify or imply that the rental dwelling unit
conforms with Iowa law and the Code of Ordinances, nor does the issuance of a
license relieve the property owner, manager, or licensed real estate professional of
the responsibility for compliance with applicable Iowa law and the Code of
Ordinances.
B. Inspections:
1. General: All real or personal property used or intended to be used for residential
purposes is subject to inspection by the city manager or city manager’s designee:
a. Whenever requested and approved by the property owner, manager,
licensed real estate professional, or occupant;
. . . .
c. Whenever, upon inspection, a violation of this Housing Code is found, and
notice and order to correct is given, the dwelling unit is subject to re-
inspection to determine if the required corrections have been made;
d. When the dwelling unit is located in any area designated by the city for
comprehensive block enforcement of the Housing Code; or,
. . . .
2. Inspection Requirements for All Licensed Dwellings:
a. All rental dwelling units are subject to regular Housing Code enforcement
inspection and follow-up re-inspection as necessary. There will be no charge
for the initial rental dwelling unit inspection, for any complaint generated
inspection, and for two (2) follow-up re-inspections. For each required
additional follow-up re-inspection, a re-inspection fee must be paid by the
property owner, manager, or licensed real estate professional in an amount
set by the city manager.
b. Not less than seven (7) calendar days prior to a scheduled inspection, the
city manager or the city manager’s designee will mail written notice by regular
mail to the license holder and any known tenants of the date and time of a
scheduled inspection. If the license holder or an authorized representative of
the license holder fails to be present at the time of the scheduled inspection
27
and the inspector is unable to obtain entry to the dwelling unit, a second
inspection will be scheduled and a rescheduling fee must be paid by the
license holder in an amount set by the city manager.
c. The license holder may cancel a scheduled inspection one (1) time
without payment of the rescheduling fee, provided the city manager or the city
manager’s designee is notified of the cancellation not less than forty eight
(48) hours prior to the scheduled inspection.
. . . .
Section 2. This Ordinance shall take effect upon publication.
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Passed, approved and adopted the 18 day of January, 2011.
/s/Roy D. Buol, Mayor
Attest:
/s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 25 day of January, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 6-11
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH,
HOUSING, SANITATION, AND ENVIRONMENT, CHAPTER 6 HOUSING REGULATIONS
BY ADOPTING A NEW SECTION 6-6-11 PRIORITY CATEGORY; AMENDING CHAPTER 6
HOUSING REGULATIONS BY ADOPTING A NEW SECTION 6-6-12 PROCEDURE FOR
HEARING APPEAL OF PRIORITY CATEGORY STATUS; AND AMENDING CHAPTER 6
HOUSING REGULATIONS BY ADOPTING A NEW SECTION 6-6-13 INSPECTION OF
PROPERTIES OWNED BY PRIORITY CATEGORY
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section1. Title 6, Chapter 6 of the City of Dubuque Code of Ordinances is amended by
adding thereto the following new sections:
6-6-11. HABITUAL VIOLATOR:
A. The city manager may designate a property owner, manager, or licensed real
estate professional a priority category for purposes of the Housing Code if three (3) times
within a period of twelve (12) consecutive months the property owner, manager, or licensed
real estate professional:
1. Has a rental license suspended;
2. Has a rental license revoked;
3. Is noncompliant with Housing Code orders in excess of ninety (90) days without
either an extension of time or variance from the Housing Code Appeals Board or good
faith progress as determined by the city manager;
4. Fails to perform a mandated criminal background check on a tenant;
5. Receives a citation for a Housing Code violation;
6. Receives a citation for a violation of the International Building Code, International
Residential Code, International Mechanical Code, International Fuel Gas Code,
International Plumbing Code, National Electric Code, or any other codes adopted by
the City of Dubuque; or
7. Receives a citation for a Fire Code violation.
B. Notice of Priority Category Status: Whenever the city manager designates a
property owner, manager, or licensed real estate professional to be a priority category under
Section 6-6-11(A), the city manager must give notice of the designation to the property
28
owner, manager, or licensed real estate professional responsible. Each notice must:
1. Be in writing;
2. Include a listing of the basis for designating the property owner, manager, or
licensed real estate professional a habitual category;
3. Be served upon the property owner, manager, or licensed real estate
professional by delivering the same at the property owner, manager, or licensed real
estate professional's residence, office, or place of business in person or by mailing by
certified mail or regular mail to such address. All such mail must bear indicia
requesting return to sender or forwarding address if not deliverable as addressed; and
4. Contain a statement that:
a. The property owner, manager, or licensed real estate professional may
appeal from the notice of the city manager to the Housing Code Appeals
Board;
b. An appeal must be made in writing and filed with the city manager within
fourteen (14) days from the date of service of the designation notice; and
c. A failure to appeal will constitute a waiver of all rights to an appeal.
5. This section may not be interpreted to prevent the enforcement and imposition of
fines and penalties for Housing Code violations.
6-6-12. PROCEDURE FOR HEARING APPEAL OF PRIORITY CATEGORY STATUS:
A. Notice of Appeal. A property owner, manager, or licensed real estate
professional designated a priority category by the city manager under Section 6-6-11 may
appeal to the Housing Code Appeals Board for a reconsideration of such status, provided a
notice of appeal is filed with the Board within fourteen (14) days of receipt of the notice of
the designation. The notice of appeal must include the following:
1. Name and address of the appellant;
2. A brief statement in ordinary and concise language of any material facts claimed
to support the contentions of the appellant;
3. A brief statement in ordinary and concise language of the relief sought, and the
reasons why it is claimed the order appealed from should be reversed; and
4. The signature of the appellant and the appellant’s mailing address.
Appeal Filing Fee. At the time of filing the notice of appeal, the appellant must pay
therewith a filing fee in an amount set by the city manager.
If the Board reverses the designation, the fee will be fully refunded.
C. Notice of Hearing. Upon receipt of a notice of appeal filed pursuant to this
section, the chairperson of the Board must fix a date, time, and place for hearing the appeal,
which may be not less than thirty (30) days nor more than sixty (60) days from the date the
appeal was filed with the Board unless the appellant agrees to an earlier date for the
hearing. Written notice of the time and place of the hearing must be given at least ten (10)
days prior to the date of the hearing to the appellant either by causing a copy of such notice
to be personally delivered to the appellant or by mailing a copy thereof to the appellant's
address shown on the notice of appeal.
D. Waiver. The failure to file a notice of appeal in accordance with this section
constitutes a waiver of the appeal.
E. Appeals Process. The conduct of hearing appeals filed with the Housing Code
Appeals Board is governed by Title 2, Chapter 1 of this Code.
F. Appeals Board Action. Following the hearing, the Housing Code Appeals Board
may, by a majority vote, affirm the designation or reverse the designation.
6-6-13: INSPECTION OF PROPERTIES OWNED BY PRIORITY CATEGORY: The city
29
manager or the city manager’s designee may order the inspection of any or all properties
owned or managed by a priority category. The fee for such inspection will be as set by the
city manager. The properties owned or managed by a habitual violator may be put on an
accelerated inspection schedule by the city manager or the city manager’s designee. If a
habitual violator fails to comply with an inspection schedule or pay any inspection fee, the
rental license may be suspended or revoked and the tenants relocated from the unit at the
priority category’s expense.
Section 2. This Ordinance shall take effect on publication.
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Passed, approved and adopted the 18 day of January, 2011.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 24 day of January, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
Extension of Southwest Arterial Moratorium (First Reading on January 3, 2011): Motion by
Jones to receive and file the documents and that the requirement that a proposed ordinance
be considered and voted on for passage at two Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by Resnick. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 7-11 Amending the
City of Dubuque Code of Ordinances by amending Title 14 (Buildings and Development) and
by amending Title 16 (Unified Development Code) extending the development moratorium for
the Southwest Arterial Corridor to July 1, 2012. Seconded by Lynch. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 7-11
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY AMENDING TITLE 14
(BUILDINGS AND DEVELOPMENT), AND BY AMENDING TITLE 16 (UNIFIED
DEVELOPMENT CODE) EXTENDING THE DEVELOPMENT MORATORIUM FOR THE
SOUTHWEST ARTERIAL CORRIDOR TO JULY 1, 2012
Whereas, the Iowa Department of Transportation (IDOT) and the City of Dubuque are
engaged in a study of the Southwest Arterial Corridor, which includes the right-of-way
acquisition and final design for the preferred alignment; and
Whereas, the City of Dubuque and IDOT have not concluded the study of the Southwest
Arterial Corridor; and
Whereas, the City of Dubuque and IDOT believe it is in the public interest to minimize
potential conflicts during this study by extending the development moratorium for the
Southwest Arterial Corridor.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 14 (Buildings and Development) Section 14-2-4 of the City of Dubuque
Code of Ordinances is hereby amended to read as follows:
Section 14-2-4 A. Southwest Arterial Corridor:
The City Manager shall not issue any permit for any new construction or substantial
enlargement, alteration, repair or remodeling of any structure, building, or sign in the
Southwest Arterial Corridor but not to include demolition, as delineated on drawings on file
in the City Clerk’s Office, from the effective date hereof to July 1, 2012, except where a
vested right to the issuance of such permit accrued prior to the effective date hereof.
Section 2. Title 16 (Unified Development Code ) Section 11-2 of the City of Dubuque
Code of Ordinances is hereby amended to read as follows:
30
Section 11-2 C. Southwest Arterial Corridor Subdivision Review:
A proposed plat that divides any parcel within the Southwest Arterial Corridor into two or
more lots, and any preliminary plat within the Southwest Arterial Corridor shall be submitted
to the City Council for review. No plat for any subdivision or resubdivision of property in the
Southwest Arterial Corridor, as delineated on drawings on file in the City Clerk’s Office, shall
be approved by the City Council, from the effective date hereof to July 1, 2012, except
where a vested right to the issuance of such approval accrued prior to the effective date
hereof.
Notwithstanding the foregoing, the City Council may approve a proposed plat or
preliminary plat upon a determination that the proposed subdivision will not negatively
impact the acquisition of right-of-way along the preferred alignment of the Southwest Arterial
Corridor. The applicant shall provide the City Council with a plat prepared by a licensed
engineer or land surveyor that accurately depicts the parcel(s) to be subdivided and the
location of the Iowa (Southwest Arterial) Corridor boundaries. The City Council shall also
consider any recommendation from the Southwest Arterial Technical Committee regarding
potential negative impacts, if any, that would result from approval of the proposed plat or
preliminary plat and the subsequent development of the parcel(s).
Section 3. Title 16 (Unified Development Code) Section 13-2 of the City of Dubuque
Code of Ordinances is hereby amended to read as follows:
13-2 D. Moratorium for Site Plans in the Southwest Arterial Corridor.
The City Planner shall not issue conditional or final approval for any site plan filed for
property in the Southwest Arterial Corridor that lies within the corporate limits of the City of
Dubuque, as delineated on drawings on file in the City Clerk’s Office, from the effective date
hereof to July 1,2012 except where a vested right to the issuance of such approval accrued
prior to the effective date hereof.
Notwithstanding the foregoing, the City Council may approve a proposed site plan upon a
determination that the proposed site plan will not negatively impact the acquisition of right-
of-way along the preferred alignment of the Southwest Arterial Corridor. The City Council
shall also consider any recommendation from the Southwest Arterial Technical Committee
regarding potential negative impacts, if any, that would result from approval of the proposed
site plan and subsequent development of the parcels.
Section 4. Title 16 (Unified Development Code) Section 9-5.3 of the City of Dubuque Code
of Ordinances is hereby amended to read as follows:
Section 9-5.3 D. Moratorium for Rezonings in the Southwest Arterial Corridor.
The City Council shall not give final approval to any zoning reclassification (rezoning)
request for property in the Southwest Arterial Corridor that lies within the corporate limits of
the City of Dubuque, as delineated on drawings on file in the City Clerk’s Office, from the
effective date hereof to July 1, 2012 except where a vested right to the issuance of such
approval accrued prior to the effective date hereof.
Notwithstanding the foregoing, the City Council may approve a requested rezoning upon
a determination that the proposed rezoning will not negatively impact the acquisition of right-
of-way along the preferred alignment of the Southwest Arterial Corridor. The City council
shall also consider any recommendation from the Southwest Arterial Technical Committee
regarding potential negative impacts, if any, that would result from approval of the requested
rezoning and the subsequent development of the parcel(s).
Section 5. This Ordinance shall take effect upon publication.
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Passed, approved and adopted the 18 day of January, 2011.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 24 day of January, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
Solar Thermal Licensing, Permitting and Inspections (First Reading on January 3, 2011):
Motion by Connors to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 8-11 Amending
City of Dubuque Code of Ordinances Title 14 Building and Development by adding Chapter 13
Solar Thermal Licenses which requires a license in order to perform work on solar thermal
systems; and Ordinance No. 9-11 Amending City of Dubuque Code of Ordinances Title 14
Building and Development by adding Chapter 14 Solar Thermal Systems requiring permits and
inspections for work performed on solar thermal systems and setting forth the standards for
solar thermal systems. Seconded by Resnick. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 8-11
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT BY ADDING CHAPTER 13 SOLAR THERMAL LICENSES WHICH
REQUIRES A LICENSE IN ORDER TO PERFORM WORK ON SOLAR THERMAL
SYSTEMS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 13 of the City of Dubuque Code of Ordinances shall read as follows:
14-13-1. Definition: Solar Thermal System means active mechanical equipment that
directly converts and then transfers or stores solar energy into usable forms of thermal
energy.
14-13-2. Licenses: No person shall install or alter or repair solar thermal systems without
a solar thermal license.
14-13-3. License Application: A Solar Thermal License application shall be submitted to
the City Manager or the City Manager’s designee with an application fee as set by the City
Manager.
14-13-4. Application Contents: An application for a Solar Thermal License shall contain
the following information:
Name
Address
Business Name, if applicable
Proof of liability insurance
Proof of either:
A North American Board of Certified Energy Practitioners (NABCEP) solar thermal
certification or
Completion of the Northeast Iowa Community College (NICC) forty (40) hour solar
thermal course work and two (2) training installations and received the Dubuque solar
thermal certification or other course work and training as approved by the city manager.
Any other information required by the City Manager or the City Manager’s designee.
14-13-5. Application approval: Upon finding that an applicant has submitted the required
information and meets the requirements, a Solar Thermal License will be issued.
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14-13-6. License renewal. A Solar Thermal License shall be valid for one calendar year.
License holders may renew a license by applying for and paying the fee for renewal as set
by the City Manager.
14-13-7. Exemption: No license shall be required of a homeowner to install or alter a
solar thermal system for the homeowners personal residence provided the homeowner has
received certification for solar thermal system installation from NICC or completed other
course work and training as approved by the city manager or the city manager’s designee.
Section 2. This Ordinance shall take effect upon publication.
th
Passed, approved and adopted the 18 day of January, 2011.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 24 day of January, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 9-11
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT BY ADDING CHAPTER 14 SOLAR THERMAL SYSTEMS REQUIRING
PERMITS AND INSPECTIONS FOR WORK PERFORMED ON SOLAR THERMAL
SYSTEMS AND SETTING FORTH THE STANDARDS FOR SOLAR THERMAL SYSTEMS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Chapter 14 of the City of Dubuque Code of Ordinances shall read as follows:
14-14-1. Definition: Solar Thermal System means equipment that directly converts and
then transfers or stores solar energy into usable forms of thermal energy.
14-14-2 Permit Required. A permit shall be obtained from the City Manager or the City
Manager’s designee for the installation of or alternation to a Solar Thermal System.
Information shall be attached to an application for a permit as set by the City Manager or the
City Manager’s designee.
14-14-3 Permit Application. A permit application shall be submitted to the City Manager
and must include:
A. Applicant Name
B. Applicant Address
C. Business name, if applicable
D. Solar Thermal License Number, if applicable
E. Project Address
F. A Plot Plan showing the proposed location of solar collector and any tree and/or
structure that presently casts a shadow within twenty feet (20’) of the proposed
collector location
G. Detailed Drawings of all piping, pumps, blowers, wiring, storage vessels,
dampers, valves, insulation, location of the backflow prevention device, and all
other material that will be required to install the system
H. Any other information required by the City Manager or the City Manager’s
designee
14-14-4 Inspections Required. Inspections of Solar Thermal Systems are required prior to
activation and shall be performed by the City Manager or the City Manager’s Designee.
14-14-5. Shading of Solar Collectors: No more than fifteen percent (15%) of the area of
the solar path shading diagram shall be obstructed between 9:00 a.m. and 3:00 p.m.
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throughout the year.
14-14-6. Liquid Systems
A. Piping and Penetration.
1. When two (2) or more collectors are installed in any one system, a reverse
flow piping configuration shall be used unless an alternate flow
configuration is recommended by the manufacturer.
2. No permanent piping shall connect the solar system with potable water.
3. All piping shall be able to withstand a temperature of 350 degrees
Fahrenheit, preferably rigid or soft copper type “M” or thicker.
4. All solar loop building penetrations shall be made using weatherproof
devices which will allow for expansion and contraction. All penetrations into
the building shall be weatherproofed to prevent leaks, insects, and drafts
from entering the building.
5. All of the components of a closed loop solar collector system shall be sized
to provide adequate flow to the collectors.
6. The solar loop shall incorporate a check valve downstream of the heat
exchanger if collectors are mounted above the storage tank.
7. Automatic air vents shall be disconnected from the solar loop by a ball
valve.
8. Minimum design standard shall be the 2009 Uniform Solar Energy Code as
it relates to solar thermal installations.
B. Pipe Insulation.
1. All pipe insulation in the solar collection system shall be at least R-5 in
insulating value.
2. Exterior pipe insulation shall be resistant to ultraviolet and environmental
degradation and shall be covered by material providing weather resistance,
UV protection, and mechanical abuse protection. Exterior insulation joints,
seams, and connections shall be sealed to prevent entry of moisture.
3. Solar supply loop shall be insulated with 350 degrees Fahrenheit rated
insulation approved for solar applications.
4. Heat traps or check valves shall be included on all supply and discharge
lines for the storage tank.
C. Storage Tanks: Storage tanks shall have a tempering valve adjustable to 120
degrees Fahrenheit downstream from the regular water heater and heat trap.
14-14-7. Monitoring: A temperature appropriate pressure gauge shall be installed in the
solar loop. The solar loop supply and return and the discharge line of the tempering valve
shall have thermometers.
14-14-8. Use of Wood in Solar Collection Systems: All wood components used in
collector mounting which are exposed to the weather shall be pressure treated wood,
meeting Interim Federal Specifications TT-W-571J-Rev. 1974, as amended or revised.
Wood used in collector frames or housing shall be protected against pyrolysis.
14-14-9. Heat Transfer Fluid: The heat transfer fluid used in the collectors shall be
isolated from the potable water supply through the use of an approved double wall heat
exchanger or two separate coils, one for solar fluid and one for DHW in unpressurized tank.
14-14-10. Rating: The solar thermal panels and equipment shall have a SRCC rating of
OG 100 or OG 300.
Section 2. This Ordinance shall take effect upon publication.
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Passed, approved and adopted the 18 day of January, 2011.
/s/Roy D. Buol, Mayor
Attest: /s/Jeanne F. Schneider, CMC, City Clerk
th
Published officially in the Telegraph Herald Newspaper the 24 day of January, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
Operation: New View Board of Directors: Communication from Tom Stovall, Operation: New
View Community Action Agency, requesting the appointment of an additional City
representative to serve on the Operation: New View Board of Directors. Motion by Connors to
receive and file the documents and appoint Council Member Jones as the additional
representative. Seconded by Jones. Motion carried 6-0.
USS Dubuque (LPD-8) Ship’s Bell: City Manager recommending approval to request the
USS Dubuque’s ship bell be loaned to the City of Dubuque when the ship is decommissioned
and designation of a representative to attend the decommissioning ceremony. Motion by Jones
to receive and file the documents and designate Mayor Buol and former Mayor Walt Pregler as
representatives to attend the decommissioning ceremony. Seconded by Connors. Motion
carried 6-0.
Port of Dubuque Marina: City Manager recommending approval of the selection of “Port of
Dubuque Marina” as the name for the new Ice Harbor marina. Motion by Connors to receive
and file the documents and approve the recommendation. Seconded by Lynch. Motion carried
6-0.
Community Development Block Grant (CDBG) Contract for Caradco Project: City Manager
recommending approval of a Community Development Block Grant (CDBG) contract with the
Iowa Department of Economic Development for the Caradco Building Project. Motion by
Connors to receive and file documents and adopt Resolution No. 23-11 Authorizing the
execution of a Community Development Block Grant (CDBG) Housing Disaster Recovery
Fund Contract between the Iowa Department of Economic Development and the City of
Dubuque on behalf of the Caradco Building Project. Seconded by Jones. Responding to
questions from City Council, Assistant Economic Development Director Aaron DeJong clarified
the issues in the revised contract, which was distributed to Council post agenda. Motion
carried 6-0.
RESOLUTION NO. 23-11
AUTHORIZING THE EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) HOUSING DISASTER RECOVERY FUND CONTRACT BETWEEN THE IOWA
DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE CITY OF DUBUQUE ON
BEHALF OF THE CARADCO BUILDING PROJECT
Whereas, the City of Dubuque worked with Caradco Building, LLLP, to prepare CDBG
Housing Disaster Recovery Fund grant applications to help fund the rehabilitation of the
Caradco building; and
Whereas, the City of Dubuque submitted an application to the Iowa Department of
Economic Development for CDBG funding on behalf of the Caradco building project; and
Whereas, the Iowa Department of Economic Development has prepared and submitted for
City Council approval a CDBG Housing Disaster Recovery Fund contract which is attached
hereto and by this reference made a part hereof; and
Whereas, the City Council finds that the proposed contract is acceptable and necessary to
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the growth and development of the city.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Department of Economic Development Contract is hereby
approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Contract on
behalf of the City of Dubuque and forward the executed copy to the Iowa Department of
Economic Development for their approval.
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Passed, approved and adopted this 18 day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
First Amendment to the Guarantee Agreement – Roshek Building Project: City Manager
recommending approval of a request by Dubuque Initiatives (DI) to approve a First
Amendment to the Guarantee Agreement between the City of Dubuque and Dubuque Bank &
Trust allowing for a Line of Credit to be included under the $25 million guarantee for the
Roshek Building project. Motion by Jones to receive and file the documents and adopt
Resolution No. 24-11 Approving Guaranty Agreement and First Amendment to the Guaranty
Agreement, each between the City of Dubuque and Dubuque Bank & Trust Company.
Seconded by Resnick. Motion carried 6-0.
RESOLUTION NO. 24-11
APPROVING GUARANTY AGREEMENT AND FIRST AMENDMENT TO THE GUARANTY
AGREEMENT, EACH BETWEEN THE CITY OF DUBUQUE AND DUBUQUE BANK &
TRUST COMPANY
Whereas, a Guaranty Agreement dated June 22, 2009 was entered into by and between the
City of Dubuque, a municipal corporation of the State of Iowa (City), and Dubuque Bank &
Trust Company (DB&T); and
Whereas, the foregoing Guaranty Agreement facilitated Dubuque Initiatives (DI) to borrow
for the redevelopment of the Historic Roshek Building; and
Whereas, a construction build-out line of credit in the amount of not to exceed $3,000,000
now is needed to make funds available for tenant area construction; and
Whereas, the line of credit will allow further paydown of loans already covered under the
foregoing Guaranty Agreement; and
Whereas, it is proposed that the City enter into a guaranty agreement with DB&T in respect
of DI’s obligations under the line of credit, subject, however, to the limitation on the amount of
the City’s guaranty obligation set forth in the foregoing Guaranty Agreement; and
Whereas, separate forms of Guaranty Agreement (“Line of Credit Guaranty”) and First
Amendment to Guaranty Agreement (“First Amendment”), each between the City and DB&T,
have been prepared to accomplish the foregoing, which have been determined to be in
acceptable form for the purposes intended.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the form and content of the Line of Credit Guaranty and First Amendment, the
provisions of which are incorporated herein by reference, be and the same hereby are in all
respects authorized, approved and confirmed, and the Mayor and the City Clerk be and they
hereby are authorized, empowered and directed to execute, attest, seal and deliver the Line of
Credit Guaranty and First Amendment for and on behalf of the City in substantially the form
and content now before this meeting, but with such changes, modifications, additions or
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deletions therein as shall be approved by such officers upon the advice of the City Attorney,
and that from and after the execution and delivery of the Line of credit Guaranty and First
Amendment, the Mayor and the City Clerk are hereby authorized, empowered and directed to
do all such acts and things and to execute all such documents as may be necessary to carry
out and comply with the provisions of the Line of Credit Guaranty and First Amendment as
executed.
Section 2. That the City Manager is authorized to take such actions as are necessary to
implement the terms of the Line of Credit Guaranty and First Amendment as herein approved.
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Passed, approved and adopted this 18 day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Bus Logos / Icons: City Manager requesting City Council input regarding the logos and
icons for The Jule. Motion by Connors to receive and file the documents and select option #2
with preference given to the silhouette design for the door if it can be accomplished. Seconded
by Resnick. Candace Eudaley of East Central Intergovernmental Agency (ECIA) provided a
slide presentation and described the logo/icon options. Motion carried 6-0.
Amendments to Loan Agreements with the Iowa Finance Authority: City Manager
recommending approval of amendments of the loan and disbursement agreements with the
Iowa Finance Authority concerning the $8,676,000 SRF loan issued on February 12, 2010 and
the $1,037,000 SRF loan issued on October 18, 2007. Motion by Connors to receive and file
the documents and adopt Resolution No. 25-11 Approving and authorizing amendments to
Loan and Disbursement Agreements by and between the city of Dubuque, Iowa, and the Iowa
Finance Authority. Seconded by Resnick. Motion carried 6-0.
RESOLUTION NO. 25-11
RESOLUTION APPROVING AND AUTHORIZING AMENDMENTS TO LOAN AND
DISBURSEMENT AGREEMENTS BY AND BETWEEN THE CITY OF DUBUQUE, IOWA
AND THE IOWA FINANCE AUTHORITY
Whereas, the City of Dubuque, Iowa (the "Issuer"), previously has authorized execution of a
Loan and Disbursement Agreement (the “Series 2007 Agreement”) and issuance of a
$1,037,000 Water Revenue Capital Loan Note, Series 2007 (the “Series 2007 Note”), each
dated as of October 18, 2007 pursuant to Resolution No. 490-07 approved on October 1,
2007; and
Whereas, the Issuer also has previously authorized the execution of a Loan and
Disbursement Agreement (the “Series 2010C Agreement” and together with the Series 2007
Agreement, referred to herein collectively as the “Agreements”) and issuance of a $8,676,000
Water Revenue Capital Loan Note, Series 2010C (the “Series 2010C Note” and together with
the Series 2007 Note, referred to herein collectively as the “Notes”), each dated as of February
12, 2010, pursuant to Resolution No. 18-10 approved on January 19, 2010; and
Whereas, the foregoing Resolutions (together, the “Series Resolutions”) are “Series
Resolutions” as that term is defined in Resolution No. 379-08, approved on October 20, 2008
(the “Master Resolution”), said Master Resolution providing for the terms applicable to the
issuance of Water Revenue Bonds by the City of Dubuque under the provisions of Chapter
384 of the Code of Iowa; and
Whereas, the foregoing Notes and Agreements are designated as "Senior SRF Bonds"
under the terms of the Master Resolution; and
WHEREAS, the Iowa Finance Authority, as Original Purchaser and current holder of the
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Notes and the Agreements, has authorized the Issuer to treat the Notes and Agreements as
"Subordinate SRF Bonds" under the terms of the Master Resolution until December 31, 2015;
and
Whereas, separate forms of amendments to the Agreements (together, the "Amendments")
have been prepared to reflect such subordinate status, copies of which are before this Council
and which are considered appropriate for the purposes intended.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, as follows:
Section 1. The Series Resolutions, Notes and Agreements are hereby amended to reflect
that such instruments are deemed to be Subordinate SRF Bonds under the Master Resolution
until December 31, 2015 or until such earlier date as may be determined by subsequent action
of this Council to confirm their status as Senior SRF Bonds under the Master Resolution.
Section 2. The Amendments in substantially in the forms attached to this Resolution are
hereby approved and are authorized to be executed and issued on behalf of the Issuer by the
Mayor and attested by the City Clerk.
Section 3. Except as amended herein, all of the other terms and conditions of the Series
Resolutions, the Agreements and the Notes are in all respects ratified, confirmed and
approved and shall remain in full force and effect.
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Passed and approved this 18 day of January, 2011.
Roy D. Buol, Mayor
Attest: Jeanne Schneider, CMC, City Clerk
COUNCIL MEMBER REPORTS
Connors stated she believes it is important for Council Members to stay abreast of new
technologies and invited Council to attend a local conference regarding low-impact
development and storm water management coming up in February. She will forward the
conference information.
Jones reported on the success of the Special Olympics event, which took place in Dubuque
last week.
Resnick stated that he asks questions regarding Council materials as an effort to better
inform the public.
There being no further business, upon motion the City Council adjourned at 8:20 p.m.
/s/Jeanne F. Schneider, CMC
City Clerk
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