3 21 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 March 21, 2011 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City
Manager Van Milligen, City Attorney Lindahl
Mayor Buol 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 presented by Reverend Nancy Bickel of First Congregational UCC.
PRESENTATION
2010 Drinking Water State Revolving Loan Fund – Award for Sustainable Public Health
Protection was presented by Glenn Curtis, EPA Region 7 Chief of the Wastewater
Management Branch.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Jones. Motion carried 6-0.
Minutes and Reports Submitted: Cable TV Teleprogramming Commission of 1/4; City
Conference Board of 2/7; City Council of 3/3, 3/7, 3/10 and 3/12; Civil Service Commission of
1/14; Environmental Stewardship Advisory Commission of 3/10; Historic Preservation
Commission of 2/17; Historic Preservation Commission Education Task Force of 3/2; Zoning
Advisory Commission of 3/2; Zoning Board of Adjustment of 2/24
Library Board of Trustees Update from the Meeting of February 24, 2011
Proofs of Publication of City Council Proceedings of February 22 and 24, 2011 and List of
Claims and Summary of Revenues for Month Ended January 31, 2011
Upon motion the documents were received and filed.
Notice of Claims/Suits: William and Rebecca Garr for vehicle damage; Joyce M. Terris for
property damage; Wayne and Betty Bauer for property damage; Kevin Bradt for vehicle
damage; Susanne Pauley for personal injury; Eugene K. Sand for personal injury; Monica
Welter 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: Oak Park Place for
property damage; Zac and Amy Scherrman for property damage; Mamavi Mathey-Apossan for
personal injury/property damage; William and Rebecca Garr for vehicle damage; Wayne and
Betty Bauer for property damage; Kevin Bradt for vehicle damage; Susanne Pauley for
personal injury; Eugene K. Sand for personal injury. Upon motion the documents were
received, filed and concurred.
Dubuque Metropolitan Area Solid Waste Agency: Communication from the Dubuque
Metropolitan Area Solid Waste Agency submitting the Fiscal Year 2012 budget and fee
schedule, which were approved by the Board of Directors. Upon motion the document was
received and filed.
Scale Operator Position: City Manager recommending that one Laborer position in the
Public Works Department be eliminated and one Scale Operator position created. Upon
motion the documents were received, filed, and approved.
Building Code of Appeals Board: Communication from Ryan Anglese submitting his
resignation from the Building Code of Appeals Board. Upon motion the document was received
and filed and the resignation accepted.
State Historical Society of Iowa: Communication from the State Historical Society of Iowa
advising that the Upper Main Historic District Amendment, 900s – 1000s Main Street, has been
listed in the National Register of Historic Places effective February 11, 2011. Upon motion the
document was received and filed.
Property Acquisition – 2275 Elm Street: City Manager recommending approval of the
acquisition of property located at 2275 Elm Street as part of the Bee Branch Creek Restoration
Project. Upon motion the documents were received and filed and Resolution No. 93-11
Approving the acquisition of real estate owned by Todd H. Schmitz in the City of Dubuque was
adopted.
RESOLUTION NO. 93-11
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY TODD H. SCHMITZ IN
THE CITY OF DUBUQUE
Whereas,the City of Dubuque intends to acquire certain properties located in the area of
the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended
in the 2001 “Drainage Basin Master Plan;” and
Whereas,a purchase agreement has been finalized with the owner of the property
scheduled for acquisition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the acquisition of the following legally
described property: Lot 2 N 50’-1-1-103 L H Langworthy’s Add and Lot 2 Warren & Robin
Amling’s Sub, in the City of Dubuque, Dubuque County, Iowa, at the cost of Sixty One
Thousand Nine Hundred Ninety One and 00/100 Dollars ($61,991.00).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim
deed from the owner, conveying the owner’s interest to the City of Dubuque, Iowa, for the
herein described real estate.
Section 3. That the City Clerk be and is hereby authorized and directed to cause said Quit
Claim Deed to be recorded in the office of the Dubuque County Recorder, together with a
certified copy of the Resolution.
Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution
to the Dubuque County Assessor and the Dubuque County Auditor.
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Passed, approved and adoptedthis 21 day of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
2010 / 2011 Snow and Ice Removal Assessments: City Manager recommending approval of
the 2010 / 2011 snow and ice removal from City right-of-way assessments. Upon motion the
documents were received and filed and Resolution No. 94-11 Adopting the final assessment
schedule for the Snow Removal Assessment – Right-of-Way Obstruction Removal
Assessment Project was adopted.
RESOLUTION NO. 94-11
ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SNOW REMOVAL
ASSESSMENT – RIGHT-OF-WAY OBSTRUCTION REMOVAL ASSESSMENT PROJECT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
After full consideration, the Final Schedule of Assessments as shown on the attached
sheet(s), Page 1 to Page 2 inclusive; is hereby approved for the Snow Removal Assessment –
Right-of-Way Obstruction Removal Assessment Project.
There is hereby assessed and levied as a special tax against and upon each of the
benefited properties, the respective sums indicated. The amounts shown in said Final
Schedule of Assessments as deficiencies are found to be proper and levied conditionally
against the respective properties benefited by the improvements as shown in the Final
Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assessments
against said lots are hereby declared to be in proportion to the special benefits conferred and
not in excess of twenty-five percent of the value of same.
The City Clerk be and is hereby directed to certify the Final Schedule of Assessments to the
County Treasurer of Dubuque County, Iowa, and to publish notice of said certification once
each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the first
publication of which shall be not more than fifteen days from the date of filing of the Final
Schedule of Assessments. On or before the date of the second publication of the notice, the
City Clerk shall also mail a copy of said notice to property owners whose property is subject to
assessment, as provided in Iowa Code § 384.60.
The assessments may be paid in full or in part without interest at the office of the City
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Treasurer, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the
date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments
of $100.00 or more are payable in 10 annual installments at the County Treasurer’s Office,
Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual
interest at nine percent (9%) computed to December 1 next following the due dates of the
respective installments as provided in Section 384.65 of the Code of Iowa. Each installment
will be delinquent from October 1 following its due date on July 1 of each year. However, when
the last day of September is a Saturday or Sunday, that amount shall be delinquent from the
second business day of October. Delinquent installments will draw the same delinquent
interest as ordinary taxes. Property owners may elect to pay any annual installments semi-
annually in advance.
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Passed, approved and adopted this 21 day of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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CITY OF DUBUQUE, IOWA
2011 SIDEWALK SHOVELING ASSESSMENTS
FINAL ASSESSMENTS
DATE: March 21, 2011
The following schedule is hereby determined to show each lot proposed to be assessed for
the improvement shown in the title together with the amount proposed to be assessed against
each lot and the valuations shown opposite each lot are hereby fixed as the true valuations of
such lots by the City Council of the City of Dubuque.
LOT DESCRIPTION, PARCEL NUMBER, STREET ADDRESS, TOTAL NET ASSESSMENT
Lot 1-15 Cooley's Sub, 1024329012, 396 West Locust St., $155.60
Lot 1 Fortunes Sub, 1025182012, 705 W 3rd St., $267.00
W 170' of Lot 316 Davis Farm Add, 1014233008, 3116 Central Ave., $91.40
Lot 29 & N 1/2 of Lot 28 Tivoli Add, 1024128018, 2285 Francis St., $94.60
Lot 19 Blk 5 Mettel-Byrne Add, 1021352001, 3870 Creston St, $90.60
Lot 553 Hams Add, 1118133008, 1801 Lincoln Ave., $157.80
W 48' Lot 3 & E 5' Lot 4 Both in Farleys Sub, 1024386003, 584 West 11th St., $71.40
Lot 2 Schiltz Sub, 1026229013, 925 Nevada St, $168.40
S 48'2" of Nm 1/5 City Lot 474 & N 10' of M 1/5 of City Lot 474 (1576-1578-1580 Locust),
1024336003, 1576 Locust St., $236.60
Lot 1 of City Lot 657a, 1024458002, 1038 Bluff St., $149.20
Grove Terrace Sub S 25' Lot 2 Grove Terrace Sub N 40' Lot 3, 1024388002, 1083 Grove
Terrace, $90.60
Lot 27 Wilsons Sub, 1025131004, 749 Wilson St., $84.20
Lot 6 Wilsons Sub, 1025132006, 752 Wilson St., $84.20
S 1'5" of City Lot 79 All of City Lot 80 101-123 Main St, 1025281015, 101 Main St., $103.40
Lot 2-1-2 Young Primrose Place, 1014433014, 695 Kane St., $149.20
Lot 2-W 1/2 of Lot 5 Yates & Picketts, 1024337006, 553 Loras Blvd., $71.40
Lot 13 Levens Add, 1023484014, 1385 Alta Vista, $77.80
Lot 5 Wilsons Sub, 1025132005, 758 Wilson St., $71.40
S 32' Lot 12 Wilsons Sub 674-674 1/2 Wilson, 1025132012, 674 Wilson St., $71.40
Lot 2-112 East Dub Add, 1024282002, 344 E 16th St., $83.40
Lot 2-2-2-A Hillcrest Park, 1022338001, 2995 Hillcrest Rd., $214.20
W 33' of Lot 5 Quigleys Sub of 709, 1024326014, 595 W 17th St., $68.20
Lot 1-2-3 of City Lot 670 424-426 W Locust St, 1024179009, 424 West Locust St., $71.40
Lot 2-3-135 & 2-4-135 L. H. Langworthy's Add, 1024127031, 355 Kaufmann Ave., $71.40
E 1/2-Lot 30 L. H. Langworthys Add, 1024202011, 2249 Jackson St., $107.80
S 1/2 Lot 769a A McDaniels Sub 1353-1353 1/2 Bluff, 1024340023, 1353 Bluff St., $91.40
N 1/2 City Lot 332 & All of City Lot 333, 1024478005, 98 East 10th St., $117.80
Lot 3 Wilsons Sub, 1025132003, 784 Wilson St., $71.40
Lot 71 Cooks Add, 1013483001, 2125 Stafford St., $114.60
S 1/2 Lot 56 East Dubuque Add, 1024430009, 1308 Jackson St., $137.80
Lot 4 Blk 1 Steger Hgts., 1027278013, 2721 New Haven St., $71.40
W 45' Lot 4 Oxford Hgts., 1025109006, 910 University Ave., $74.60
Lot 6 Klingenbergs Sub, 1013454036, 2411 Stafford St., $68.20
Lot 2-2-2-1-N 2/5 of City Lot 461, 1024411010, 1373 Iowa St., $68.20
S 25'-Lot 2-94 L. H. Langworthy's Add, 1024214016, 2043 Washington St., $71.40
Lot 1 Blk 4 Highland, 1015303001, 2910 Olde Country Lane, $94.60
Lot 3 New Jackson Sub, 1013379029, 2413 Jackson St., $114.60
Lot 19 O'Neills Sub No 2, 1026281001, 1486 West 3rd St., $77.80
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Lot 17 Finley Waples & Burtons Add 2360-2362 University, 1026108003, 2360 University
Ave., $71.40
N 1/2 of Lots 10 & 11 Yates & Picketts, 1024332019, 1505 Cornell St., $94.60
Lot 238 Woodlawn Park Add, 1023391004, 1577 North Algona St., $71.40
S 90' of Lot 61 Union Add 977-979 Cleveland Ave, 1025378004, 977 Cleveland Ave.,
$77.80
Lot 2-1-1-1-1-1-1- Mineral Lot 342, 1014376022, Vacant Lot - 1200 Block of Kaufmann
Ave., $117.80
Railroad R O W Sec 1 T88n-R2e (See 15-01-501-003), 1500800016, Old Mill Rd., $180.60
Dubuque Levee and Floodwall Certification – PAL Progress Report #6: City Manager
transmitting the City of Dubuque's Provisionally Accredited Levee (PAL) Progress Report #6 to
FEMA for certification of the Dubuque levee and floodwall system along the Mississippi River.
Upon motion the documents were received and filed.
Supplemental Flood Protection Measures: City Manager recommending approval of the
purchase of HESCO flood barriers in the current fiscal year instead of waiting until Fiscal Year
2013 when they are in the Capital Improvement Program budget. Upon motion the documents
were received, filed, and approved.
Notice of Finding of No Significant Impact (FONSI) on the Environment – CARADCO, LLLP,
Project: City Manager recommending approval of the execution of a Request for Release of
Funds and Certification for Iowa Community Development Block Grant (CDBG) disaster
recovery funds for the Caradco Building project. Upon motion the documents were received
and filed and Resolution No. 95-11 Authorizing Request for Release of Funds and Certification
for Iowa Community Development Block Grant (CDBG) Housing Disaster Recovery Funds for
the Caradco Building project was adopted.
RESOLUTION NO. 95-11
AUTHORIZING REQUEST FOR RELEASE OF FUNDS AND CERTIFICATION FOR IOWA
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) HOUSING DISASTER RECOVERY
FUNDS FOR THE CARADCO BUILDING PROJECT
Whereas, the City of Dubuque has been awarded Iowa Community Development Block
Grant Housing Disaster Recovery funds from the Iowa Department of Economic Development;
and
Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of
Housing and Urban Development, an environmental review has been processed for the Iowa
Community Development Block Grant Housing Disaster Recovery funds; and
Whereas, a Notice of Intent to Request Release of Funds for said grants has been
published on March 16, 2011 to commence the required fifteen (15) day comment period; and
Whereas, any and all comments received as a result of such notice will be duly considered
before proceeding with a Request for Release of Funds and Certification; and
Whereas, a Request for Release of Funds and Certification must be sent to the Iowa
Department of Economic Development (IDED) at the conclusion of the comment period.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor of the City of Dubuque is hereby authorized and directed to
execute a Request for Release of Funds and Certification on or about March 31, 2011 and
submit to the Iowa Department of Economic Development.
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Section 2. That the Mayor of the City of Dubuque is hereby authorized to consent to assume
the status of a responsible federal official under the National Environmental Protection Act,
insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban
Development responsibilities for review, decision making, and action assumed and carried out
by the City of Dubuque as to environmental issues.
Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent
personally, in his official capacity and on behalf of the City of Dubuque, to accept the
jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to
environmental review process, decision-making and action.
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Passed, approved and adopted this 21 day of March 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Dubuque Golf and Country Club: Communication from Richard Bugalski, General Manager
– Dubuque Golf and Country Club, requesting permission to display fireworks on Monday, July
4, 2011 with a rain date of Tuesday, July 5, 2011. Upon motion the document was received,
filed, and approved.
Signed Contracts: A. Cartegraph Software Purchase; B. Water Pollution Control Plant
Project – Strand Associates, Inc. – Additional Services for Davis-Bacon Compliance; and C.
Water Pollution Control Plant Project – Change Order #6. Upon motion the documents were
received and filed.
Liquor License Transfer: Permanent transfer of the liquor license of Easy Street from 431
Rhomberg Avenue to 30 Main Street. Upon motion the documents were 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. 96-11 Granting the issuance of a Class “C” Beer Permit to Kwik Stop C-Store and Para
Food Mart; and Resolution No. 97-11 Granting the issuance of a Class “C” Beer/Liquor
License to Salsa’s Mexican Restaurant, Ground Round Restaurant, Bunker Hill Golf Course,
Chopper’s, and the Yardarm Restaurant; a Special Class “C” Liquor License to Mindframe
Theaters; and a Class “WBN” Native Wine to Kwik Stop C-Store were adopted.
RESOLUTION NO. 96-11
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.
CLASS “C” BEER PERMIT
Rainbo Oil Company Kwik Stop C-Store 2335 University Ave.
+(Sunday Sale)
Sahajanand Enterprises, Inc. Paro Food Mart+(Sunday Sale) 3200 Central Ave.
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Passed, approved and adopted this 21 day of March, 2011
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Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
RESOLUTION NO. 97-11
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
Salsa’s, Inc. Salsa’s Mexican Restaurant 1091 Main St.
+(Sunday Sale)
Janis, LLC Ground Round Restaurant 50 JFK Rd.
+(Sunday Sale)
City of Dubuque Bunker Hill Golf 2200 Bunker Hill St.
+(Sunday/Outdoor Sale)
Lana LuGrain Chopper’s +(Sunday Sale) 601 Rhomberg Ave.
The Yardarm, Inc. Yardarm Restaurant 1201 Rhomberg Ave.
+(Sunday/Outdoor Sale)
SPECIAL CLASS “C” LIQUOR
Mindframe MultiMedia, LLC Mindframe Theaters +(Sunday Sale) 555 JFK Rd.
CLASS “WBN” NATIVE WINE
Rainbo Oil Company Kwik Stop C-Store 2335 University Ave.
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Passed, approved and adopted this 21 day of March, 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 Braig. Motion carried 6-0.
Franklin Investments, LLC – Development Agreement: City Manager recommending that a
public hearing be set for April 4, 2011 to consider approval of entering into a Development
Agreement with Franklin Investments, LLC for redevelopment of the property located at 39
Bluff Street, most recently the site of Central Alternative School. Upon motion the documents
were received and filed and Resolution No. 98-11 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 Franklin Investments, LLC 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 April 4, 2011 in
the Historic Federal Building.
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RESOLUTION NO. 98-11
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 FRANKLIN INVESTMENTS, LLC AND PROVIDING FOR THE
PUBLICATION OF NOTICE THEREOF
Whereas, City and Franklin Investments, LLC 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 Franklin Investments, LLC; 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
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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4 day of April, 2011, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal
Building, 350 W. 6th 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 Franklin Investments, LLC, 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 Franklin Investments, LLC,
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 $788,000.
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 21 day of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
Greater Downtown Urban Renewal District Expansion: City Manager recommending that a
public hearing be set for May 2, 2011 to consider a Resolution of Necessity for expansion of
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the Greater Downtown Urban Renewal District. Upon motion the documents were received
and filed and Resolution No. 99-11 Resolution of necessity finding that certain areas adjacent
to the Greater Downtown Urban Renewal District meet the definition of a blighted area or
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 May 2, 2011 in the Historic
Federal Building.
RESOLUTION NO. 99-11
A RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS ADJACENT TO THE
GREATER DOWNTOWN URBAN RENEWAL DISTRICT MEET THE DEFINITION OF A
BLIGHTED AREA OR 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 approved the Amended
and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal 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 a blighted or 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 Washington Neighborhood Sub-area generally described in Exhibit A to
this Resolution, 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
Section 2. That the Industrial Harbor Sub-area generally described in Exhibit B to this
Resolution, which includes a portion of the existing Kerper Boulevard Economic Development
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District located generally north of 16 Street and south of Kerper Court, and which Sub-area 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.
Section 3. That the Chaplain Schmitt Sub-area generally described in Exhibit C to this
Resolution, 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.
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Section 4. That the combination of the Greater Downtown, East 7 Street, and Kerper
Boulevard Urban Renewal Districts under a single, comprehensive Amended and Restated
Urban Renewal Plan for the Greater Downtown Urban Renewal District, and the development
of such areas under said Amended and Restated Urban Renewal Plan, are necessary and
appropriate to facilitate the proper growth and development of the community in accordance
with sound planning and local community objectives.
Section 5. That the City Manager is authorized and directed to prepare an Amended and
Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to
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accomplish the foregoing purposes and objectives, to forward said Plan to the City's Long
Range Planning Advisory Commission for review and comment, and to begin the consultation
process required by law with affected taxing entities.
Section 6. 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 May 2, 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 7. 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 21 day of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, City Clerk
BOARDS/COMMISSIONS
Appointments to the following Boards/Commissions: Zoning Board of Adjustment. One 5-
year term through March 26, 2016 (Term of Klauer). Applicant: Randall Klauer, 2437 Matthew
John Drive. Motion by Braig to appoint Randall Klauer to the Zoning Board of Adjustment for a
5-year term through March 26, 2016. Seconded by Jones. Motion carried 6-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
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Request to Rezone – 515/517/531/537 West 8 Street: Proof of publication on notice of
public hearing to consider a request from Thomas Frost to rezone property located at
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515/517/531/537 West 8 Street from C-4 Downtown Commercial District to OC Office
Commercial District and Zoning Advisory Commission recommending approval. Motion by
Jones to receive and file the documents and that the requirement that a proposed ordinance
be considered and voted on for passage at two Council meetings prior to the meeting at which
it is to be passed be suspended. Seconded by Braig. Assistant City Planner Kyle Kritz
provided a staff report. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 26-11 Amending Title
16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying
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hereinafter described property located at 515 – 537 West 8 Street from C-4 Downtown
Commercial District to OC Office Commercial District. Seconded by Braig. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 26-11
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY
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LOCATED AT 515 AND 527 W. 8 STREET FROM C-4 DOWNTOWN COMMERCIAL
DISTRICT TO OC OFFICE COMMERCIAL DISTRICT
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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 C-4
Downtown Commercial District to OC Office Commercial District, to wit:
Lot 1 of Lot 2 – E 18’ –W47’ of Lot 10 of City Lot 688 and part of City Lot 654, Lot 2 – E 18’
of Lot 10 of City Lot 688 and part of City Lot 654, Lot 1 – E 18’ of Lot 10 of City Lot 688 and
part of City Lot 654, Lot 2 of Lot 2 – E 18’ – W 47’ of Lot 10 of City Lot 688 and part of City
Lot 654, and Lot 1 E 18’ W 47’ of Lot 10 of City Lot 688 and part of City Lot 654, 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 upon publication, as provided by law.
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Passed, approved and adopted this 21 day of March, 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 26 day of March, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
EverGreen Real Estate Development Corporation: Proof of publication on notice of public
hearing to consider a request from EverGreen Real Estate Development Corporation to amend
the Cedar Lake Plaza Planned Commercial District to allow a senior assisted-living housing
development 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 Jones. Tim Brown, 8147 Savanna Valley Way,
Victoria, MN, and representing EverGreen Real Estate Development Corporation provided a
slide presentation on the background of the project and spoke in support of the proposed
ordinance. Responding to questions from City Council, Mr. Brown stated that the Zoning
Commission did not have access to the setback information presented, the setback does
include the sidewalk, and walking paths around the building are included. Assistant City
Planner Kyle Kritz provided a staff report. Zoning Commission Vice Chairperson Charles Miller
explained the vote of the Commission regarding the 20 ft. recommended setback. Motion
carried 6-0.
Motion by Braig to amend the proposed ordinance to reduce the setback to 15 ft. Seconded
by Connors. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 27-11 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing
for the amendment of Ordinances 8-96 and 63-97, which established regulations for Cedar
Lake Plaza, a Planned Unit Development with a Planned Commercial Designation, located at
Cedar Cross Road and Lake Ridge Drive and now being amended to allow housing for elderly
or persons with disabilities as a permitted use. Seconded by Lynch. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 27-11
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY PROVIDING FOR THE AMENDMENT OF ORDINANCES 8-96
AND 63-97, WHICH ESTABLISHED REGULATIONS FOR CEDAR LAKE PLAZA, A
PLANNED UNIT DEVELOPMENT WITH A PLANNED COMMERCIAL DESIGNATION,
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LOCATED AT CEDAR CROSS ROAD AND LAKE RIDGE DRIVE AND NOW BEING
AMENDED TO ALLOW HOUSING FOR ELDERLY OR PERSONS WITH DISABILITIES AS
A PERMITTED USE.
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 providing the amendment of Ordinances 8-96 and 63-97 which
established regulations for Cedar Lake Plaza and now being amended to allowing housing for
the elderly or persons with disabilities as a permitted use.
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Lot 1 and Lot E of Cedar Lake Plaza, Lot 1, Lot 1-2 and Lot 2-2 Cedar Lake Plaza 2
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Addition, Lot 1 , Lot 1-2 and Lot 2-2 of Cedar Lake Plaza 3 Addition, and to the
centerline of the adjoining public right-of-way, all in the City of Dubuque, Iowa.
A. Use Regulations
The following regulations shall apply to all uses made of land in the above
described PUD District:
1. Principal permitted uses of the PC Planned Commercial development shall be
limited to:
a. Public or quasi-public utilities including substations
b. Mortuary/funeral home
c. General office
d. Medical office/clinic
e. Dental/medical lab
f. Barber/beauty shop
g. Retail sales/service
h. Laundry/dry cleaner
i. Shoe repair
j. Indoor restaurant
k. Supermarket
l. Tailoring/alterations
m. Furniture/home furnishing
n. Appliance sales/service
o. Drive-up automated bank teller
p. Animal hospital/clinic
q. Photographic studio
r. Neighborhood shopping center
s. Business services
t. Banks/savings and loans, credit unions
u. Indoor amusement center
v. Indoor recreation facilities
w. Housing for the elderly or persons with disabilities (south of Lake Ridge
Drive, only)
2. Accessory uses shall include any use customarily incidental and subordinate to
the principal use it serves.
B. Lot and Bulk Regulations
Development of land in the PUD District shall be regulated as follows:
1. All commercial buildings and structures shall meet bulk regulations set forth in
the Unified Development Code for the C-2 Neighborhood Shopping Center
District, with the exception that building height shall be limited to 25 feet for
commercial structures.
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2. That the proposed senior housing project shall be built in substantial compliance
with the conceptual development plan labeled Exhibit B, and that the building
shall be three-stories in height and the front yard setback along Lake Ridge
Drive shall be 15 feet.
C. Performance Standards
The development and maintenance of uses in this PUD District shall be established
in conformance with Section 16-5-24 of the Unified Development Code and the
following standards.
1. Proposed public streets in the Planned Commercial development shall be
designed and built to City Engineering specifications.
2. Erosion control devices shall be provided during all phases of construction of the
Planned Commercial development.
3. Parking requirements for allowed uses in the Planned Commercial Development
shall be as per the parking group for the designated use, in accordance with
Section 16-14-6 of the Unified Development Code.
4. Sidewalks shall be provided adjoining all public streets including Starlite Drive
and Cedar Cross Road.
5. Storm water detention facilities will be installed as per city Engineering
requirements.
6. Final site development plans shall be submitted in accordance with Section 16-
12 of the Unified Development Code prior to construction of any buildings. No
buildings shall be constructed until a final site development plan is submitted
on a building-by-building basis and approved by the Zoning Advisory
Commission and City Council.
D. Open Space and Recreational Areas
Open space and landscaping in the PUD District shall be regulated as follows:
1. A screen of deciduous and evergreen trees shall be planted along Starlite Drive
and Cedar Cross Road to act as a buffer between the proposed commercial
buildings and the adjacent existing residential development. Evergreen
screening to be six feet in height within three growing seasons shall be planted
five feet on center in this buffer.
2. That screening shall be provided along the west property line of the senior
housing project and shall consist of evergreen plantings, a minimum of four (4)
feet in height and five (5) feet on-center at installation. The screen shall begin
20 feet from the front property line and extend to the rear building wall of the
senior housing facility. The screen shall achieve 50% opacity and six (6) feet
in height within three growing seasons.
3. Those areas not designated on the conceptual plan for development shall be
maintained as open space, as defined by Section16-2-3 of the Unified
Development Code, by the property owner and/or association.
4. Building pads shall be maintained below the grade of Cedar Cross Road and
Starlite Drive.
E. Sign Regulations
Signs in the PUD District shall be regulated as follows:
1. Signs shall be allowed in the Planned Commercial development in accordance
with the C-2 sign regulations of Section 16-15 of the Unified Development
Code.
F. Additional Standards
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1. That all previously approved conceptual development plans are hereby amended
to allow for the attached conceptual development plan.
G. Transfer of Ownership
Transfer of ownership or lease of property in this PUD District shall include in the
transfer or lease agreement a provision that the purchaser or lease acknowledges
awareness of the conditions authorizing the establishment of the district.
H. Recording
A copy of this ordinance shall be recorded at the expense of the property owner(s)
with the Dubuque County Recorder as a permanent record of the conditions
accepted as part of this reclassification approval within ten (10) days after the
adoption of this ordinance. This ordinance shall be binding upon the undersigned
and his/her heirs, successors and assigns.
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 this 21 day of March, 2011.
/s/Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 26 day of March, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
CARADCO – Development Agreement: Proof of publication on notice of public hearing to
consider entering into a Development Agreement with CARADCO Building, LLLP for the
purpose of redeveloping the property located at 900 Jackson Street and City Manager
recommending approval. Motion by Jones to receive and file the documents and adopt
Resolution No. 100-11 Approving a Development Agreement with CARADCO Building, LLLP
for the property at 900 Jackson Street. Seconded by Resnick. Motion carried 6-0.
RESOLUTION NO. 100-11
APPROVING A DEVELOPMENT AGREEMENT WITH CARADCO BUILDING, LLLP FOR
THE PROPERTY LOCATED AT 900 JACKSON STREET
Whereas, the City of Dubuque, Iowa, has created a Downtown Incentive Programs for the
purpose of stimulating reinvestment in the Greater Downtown Urban Renewal District; and
Whereas, the City of Dubuque, Iowa, is encouraging the use of financial incentives to help
finance code compliance activities and to spur redevelopment; and
Whereas, it is the determination of this Council that approval of the Development Agreement
for the rehabilitation of the Property owned by CARADCO Building, LLLP according to the
terms and conditions set out in the Development Agreement is in the public interest of the City
of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agreement with CARADCO Building, LLLP is hereby
accepted and approved.
Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of
the City of Dubuque, Iowa, the attached Development Agreement with CARADCO Building,
LLLP.
Section 3. That the City Manager is hereby authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, all necessary loan/grant documents and is further
14
authorized to disburse loan/grant funds in accordance with the terms and conditions of the
executed agreement.
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Passed, approved and adopted this 21 day of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Nottingham Properties, LLC – Development Agreement: Proof of publication on notice of
public hearing to consider entering into a Development Agreement with Nottingham Properties,
LLC for the purpose of redeveloping property located at 485 Locust Street and City Manager
recommending approval. Motion by Connors to receive and file the documents and adopt
Resolution No. 101-11 Approving a Development Agreement with Nottingham Properties, LLC
for the property located at 485 Locust Street. Seconded by Jones. Motion carried 6-0.
RESOLUTION NO. 101-11
APPROVING A DEVELOPMENT AGREEMENT WITH NOTTINGHAM PROPERTIES, LLC
FOR THE PROPERTY LOCATED AT 485 LOCUST STREET
Whereas, the City of Dubuque, Iowa, has created a Downtown Incentive Programs for the
purpose of stimulating reinvestment in the Greater Downtown Urban Renewal District; and
Whereas, the City of Dubuque, Iowa, is encouraging the use of financial incentives to help
finance code compliance activities and to spur redevelopment; and
Whereas, it is the determination of this Council that approval of the Development Agreement
for the rehabilitation of the Property owned by Nottingham Properties, LLC according to the
terms and conditions set out in the Development Agreement is in the public interest of the City
of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agreement with Nottingham Properties, LLC is hereby
accepted and approved.
Section 2. That the Mayor is hereby authorized to execute, on behalf of the City Council of
the City of Dubuque, Iowa, the attached Development Agreement with Nottingham Properties,
LLC.
Section 3. That the City Manager is hereby authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, all necessary grant documents and is further authorized
to disburse grant funds in accordance with the terms and conditions of the executed
agreement.
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Passed, approved and adopted this 21 day of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Iowa 32 Hike / Bike Trail Phase 3 Project: Proof of publication on notice of public hearing to
consider the plans and specifications, form of contract and estimate of cost for the Iowa 32
Hike / Bike Trail Phase 3 Project and City Manager recommending approval. Motion by Braig
to receive and file the documents and adopt Resolution No. 102-11 Approving plans,
specifications, form of contract, and estimated cost for the Iowa 32 Hike / Bike Trail Phase 3
Project. Seconded by Jones. Van Milligen stated that the funding source is a State of Iowa
REAP grant and is specific to the project. Motion carried 6-0.
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RESOLUTION NO. 102-11
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE IOWA 32 HIKE/BIKE TRAIL, PHASE 3 PROJECT (CIP # 100-2273)
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Iowa 32
Hike/Bike Trail, Phase 3 project (CIP #100-2273), in the estimated amount $200,000, are
hereby approved.
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Passed, adopted and approved this 21. day of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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Central Avenue HMA Resurfacing Project from 21 to 32 Street: Proof of publication on
notice of public hearing to consider the plans and specifications, form of contract and estimate
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of cost for the Central Avenue HMA Resurfacing Project from 21 to 32 Street and City
Manager recommending approval. Motion by Connors to receive and file the documents and
adopt Resolution No. 103-11 Approving plans, specifications, form of contract, and estimated
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cost for the Central Avenue HMA Resurfacing Project from 21 to 32 Street. Seconded by
Braig. Motion carried 6-0.
RESOLUTION NO. 103-11
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
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COST FOR THE CENTRAL AVENUE HMA RESURFACING PROJECT, FROM 21 TO 32
STREET (IOWA DOT PROJECT NO. STPN-052-2(106)--2J-31)
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Central
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Avenue HMA Resurfacing Project, from 21 to 32 Street (Iowa DOT Project No. STPN-052-
2(106)--2J-31), in the estimated amount $1,655,782.75, are hereby approved.
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Passed, adopted and approved this 21 day of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Port of Dubuque Marina Dock System and Utilities Project – Bid Package #1: Proof of
publication on notice of public hearing to consider the plans and specifications, form of contract
and estimate of cost for the Port of Dubuque Marina Dock System and Utilities Project – Bid
Package #1 and City Manager recommending approval. Motion by Lynch to receive and file
the documents and adopt Resolution No. 104-11 Approving plans, specifications, form of
contract, and estimated cost for the Port of Dubuque Marina Dock System and Utilities Project
– Bid Package #1. Seconded by Resnick. Motion carried 6-0.
RESOLUTION NO. 104-11
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE PORT OF DUBUQUE MARINA PROJECT, BID PACKAGE 1 –
TRANSIENT DOCKS AND UTILITIES
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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That the proposed plans, specifications, form of contract and estimated cost for the Port of
Dubuque Marina Project, Bid Package 1 – Transient Docks and Utilities, in the estimated
amount $2,874,652.00, are hereby approved.
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Passed, adopted and approved this 21 day of March, 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
Fourth Ward Appointment: City Council appointment of the Fourth Ward representative.
Motion by Connors to receive and file the documents and adopt Resolution No. 105-11 Filling
the vacancy in the office of City Council Member for the Fourth Ward. Seconded by Lynch.
Upon roll call vote Lynn Sutton was appointed to the Office of City Council for the Fourth Ward
with Resnick, Braig, Connors and Lynch voting for Lynn Sutton; Buol voting for Eric Honda;
and Jones voting for William McIntee. Motion carried 6-0.
RESOLUTION NO. 105-11
FILLING THE VACANCY IN THE OFFICE OF CITY COUNCIL MEMBER FOR THE FOURTH
WARD
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA
AS FOLLOWS:
Lynn Sutton is hereby appointed City Council Member for the Fourth Ward to serve for the
period until the next pending election as defined in Iowa Code § 69.12.
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Passed, approved and adopted this 21 day of March, 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
Sustainable Development Incentives for Residential Subdivisions: City Manager
recommending adoption of a standard for sustainable development incentives for new major
residential subdivisions that score at least 80 points in the Unified Development Code process
by utilizing sustainable subdivision tools. Motion by Connors to receive and file the documents
and approve the recommendation. Seconded by Braig. Responding to questions from City
Council, Assistant City Planner Kyle Kritz explained low-impact development options and point
assignment. Van Milligen stated that ADA compliance is required and that 80 points allows
access to City incentives. Motion carried 5-1 with Lynch voting nay.
Arts and Cultural Affairs Advisory Commission: City Manager recommending approval of the
Arts and Cultural Affairs Advisory Commission recommendation that functional public art be
integrated into the Bee Branch Creek Parkway project. Motion by Braig to receive and file the
documents and approve the recommendation. Seconded by Jones. Motion carried 6-0.
Lead Paint Hazard Control Grant and Healthy Homes Production Grant: City Manager
recommending approval of a Notice of Intent to Request Release of Funds for the Lead Paint
Hazard Control Grant in the amount of $3,099,948 and Healthy Homes Production Grant in
the amount of $999,973. Motion by Jones to receive and file the documents and adopt
Resolution No. 106-11 Authorizing Request for Release of Funds and Certification for Lead
17
Paint Hazard Control Grant and Healthy Homes Production Grant Programs. Seconded by
Braig. Motion carried 6-0.
RESOLUTION NO. 106-11
AUTHORIZING REQUEST FOR RELEASE OF FUNDS AND CERTIFICATION FOR LEAD
PAINT HAZARD CONTROL GRANT AND HEALTHY HOMES PRODUCTION GRANT
PROGRAMS
Whereas, the City of Dubuque has been awarded Lead Paint Hazard Control Grant and
Healthy Homes Production Grant funds from the U.S. Department of Housing and Urban
Developmen;, and
Whereas, pursuant to the rules and regulations as promulgated by the U.S. Department of
Housing and Urban Development, an environmental review has been processed for the Lead
Paint Hazard Control Grant and Healthy Homes Production Grant; and
Whereas, a Notice of Intent to Request Release of Funds for said grants has been
published on March 18, 2011 to commence the required seven (7) day comment period; and
Whereas, any and all comments received as a result of such notice will be duly considered
before proceeding with a Request for Release of Funds and Certification, and
Whereas, a Request for Release of Funds and Certification must be sent to the U.S.
Department of Housing and Urban Development at the conclusion of the comment period.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor of the City of Dubuque is hereby authorized and directed to
execute a Request for Release of Funds and Certification on or about March 28, 2011 and
submit to the U.S. Department of Housing and Urban Development.
Section 2. That the Mayor of the City of Dubuque is hereby authorized to consent to assume
the status of a responsible federal official under the National Environmental Protection Act,
insofar as the provisions of the said Act apply to the U.S. Department of Housing and Urban
Development responsibilities for review, decision making, and action assumed and carried out
by the City of Dubuque as to environmental issues.
Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent
personally, in his official capacity and on behalf of the City of Dubuque, to accept the
jurisdiction of the federal courts if an action is brought to enforce responsibilities in relation to
environmental review process, decision-making and action.
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Passed, approved and adopted this 21 day of March 2011.
Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
University of Iowa – Iowa Initiative for Sustainable Communities Partnership: City Manager
recommending approval of a proposed partnership with the University of Iowa School of Urban
and Regional Planning Program’s Iowa Initiative for Sustainable Communities. Motion by
Jones to receive and file the documents and approve the recommendation. Seconded by
Connors. Responding to questions from City Council, University of Iowa Professor Charles
Connerly described what the funding would be used for. Motion carried 6-0.
City Hall HVAC System Replacement: City Manager recommending approval of the
replacement of the existing City Hall HVAC system in order to save significant potable water
and energy resources. Motion by Connors to receive and file the documents and approve the
recommendation. Seconded by Braig. Responding to questions from City Council, Building
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Services Manager Rich Russell and Water Plant Manager Bob Green explained the statistical
information provided in the original study and water samplings. Motion carried 6-0.
Safe Community Task Force: Juvenile Curfew Recommendation (Parental Responsibility
Ordinance) (First Reading on March 7, 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. Responding to questions from City Council, Assistant City
Attorney Crenna Brumwell defined the term “reasonable control.” Police Chief Mark Dalsing
spoke in support of the ordinance from the standpoint of the Police Department. Motion carried
6-0.
Motion by Jones for final consideration and passage of Ordinance No. 28-11 Amending City
of Dubuque Code of Ordinances Title 7 Police, Fire, and Public Safety, Chapter 5 Offenses, by
adopting a new Article D Parental Responsibility requiring the parent of a minor to exercise
reasonable control over the minor and establishing penalties for a violation thereof. Seconded
by Braig. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 28-11
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE, AND
PUBLIC SAFETY, CHAPTER 5 OFFENSES, BY ADOPTING A NEW ARTICLE D
PARENTAL RESPONSIBILITY REQUIRING THE PARENT OF A MINOR TO EXERCISE
REASONABLE CONTROL OVER THE MINOR AND ESTABLISHING PENALTIES FOR A
VIOLATION THEREOF
Whereas, the city council finds that there has been an increase in the number of criminal
acts committed by juveniles; and
Whereas, the city council further finds that those who bring children into the world, or those
who assume a parenting role, but who fail to effectively teach, train, guide and control them,
should be accountable to the community under the law. Those who need assistance and
training should be aided; those who neglect their parenting duties should be encouraged to be
more diligent, through civil sanctions, if necessary; and
Whereas, this Ordinance should be construed to achieve these remedial three (3) objectives
by addressing situations where parents, guardians, or any other person having or who has
assumed the care, control or custody over a minor have failed or neglected to act responsibly
or reasonably in the supervision of a minor.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 7, Chapter 5 of the City of Dubuque Code of Ordinances is amended by
adopting the following new chapter:
ARTICLE D. PARENTAL RESPONSIBILITY
7-5D-1: DEFINITIONS:
The following words have the following meanings when used in this article, unless a
different meaning is clear from context or usage.
PARENT: A father, mother, legal guardian or any other person having or who has
assumed the care, control or custody by birth, by court order, on a voluntary basis, or
otherwise.
MINOR: Any person who has not attained the age of eighteen years.
7-5D-2: PARENTAL RESPONSIBILITY:
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Aparent must exercise reasonable control over the parent’s minor to prevent the
minor from committing any unlawful act in violation of federal or state law or city
ordinances.
7-5D-3:VIOLATION:
A failure by a parent to exercise reasonable control over the parent’s minor which
causes the minor to commit an unlawful act is a violation of this article.
7-5D-4: PENALTIES:
A. For a first violation of § 7-5D-3, the city will issue the parent a warning letter that
the parent is in violation of § 7-5D-3 with a description of the nature of the parent’s
violation and a statement setting forth the fines and/or consequences of future
violations.
B. A second violation of § 7-5D-3 is a municipal infraction for which the fine is
$250.00. In lieu of a fine, and subject to the approval of the Chief of Police, the parent
may elect:
1. To attend, successfully complete, and provide proof of completion within 180
days of the date of the notice of the violation, a recognized course of instruction on
parenting skills and/or techniques. The failure of the parent to successfully complete
such course within such time constitutes a municipal infraction; or
2. To submit in writing within 30 days of the notice of violation for review and
approval to the Chief of Police a plan for action steps that will be taken to prevent
further unlawful acts by the minor. The failure of the parent to submit such plan within
such time constitutes a municipal infraction.
C. A third violation of § 7-5D-3 is a municipal infraction for which the fine is $500.00.
In lieu of a fine, and subject to the approval of the Chief of Police, the parent may elect
to attend, successfully complete, and provide proof of completion within 180 days of the
date of the notice of the violation, a recognized course of instruction on parenting skills
and/or techniques but only if the parent has not previously attended such course under
Section 7-5D-3(B)(2). The failure of the parent to successfully complete such course
within such time constitutes a municipal infraction.
D. A fourth and any subsequent violation § 7-5D-3 is a municipal infraction for which
the fine is $1,000.00 for each such violation. In addition, the Chief of Police will refer the
violation to the County Attorney for review of whether the issuance of a criminal charge
under Iowa Code § 709A.1 and/or whether a proceeding under Iowa Code Ch. 232,
Child or Family in Need of Assistance, is appropriate.
Section 2. This ordinance takes effect upon publication.
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Passed, approved and adopted the 21day of March, 2011.
/s/Roy D. Buol, Mayor
Attest: Jeanne F. Schneider, CMC, City Clerk
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Published officially in the Telegraph Herald Newspaper the 26 day of March, 2011.
/s/Jeanne F. Schneider, CMC, City Clerk
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COUNCIL MEMBER REPORTS
Jones reported on the Weather Spotter class scheduled for March 22 and on a citizen
inquiry he received regarding smoking outside of businesses.
There being no further business, upon motion the City Council adjourned at 8:30 p.m.
/s/Jeanne F. Schneider, CMC, City Clerk
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