6 6 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 June 6, 2011 in the
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Historic Federal Building, 350 W. 6 Street.
Present: Mayor Buol, Council Members, Braig, Connors, Jones, Lynch, Resnick (Via
Telephone), Sutton, 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 provided by Pastor Rex Rains of New Life Church.
PROCLAMATIONS
ARC Corporate Community Games Day (June 9, 2011) presented and read; Dump-the-
Pump Day (June 16, 2011) presented and read; Juneteenth Day (June 19, 2011 was accepted
by Kathy Sutton, NAACP Treasurer and Juneteenth Day committee member; Gay Pride Month
(June 2011) was accepted by Jessica Perry of Rainbow Pride; Apples for Students Months
(June/July 2011) was accepted by Karen Tuecke of St. Mark Community Center.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Jones. Motion carried 7-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 4/26; City
Council Proceedings of 5/16; Community Development Advisory Commission of 4/20;
Environmental Stewardship Advisory Commission of 5/4; Housing Code Appeals Board of
2/15; Housing Commission of 4/26; Long Range Planning Advisory Commission of 5/18; Safe
Community Advisory Committee of 4/13
Proof of Publication for City Council Proceedings of May 2, 2011
Upon motion the documents were received and filed.
Notice of Claims/Suits: Jennifer Hess for vehicle damage; James Lehman for vehicle
damage; Gina Lynch for vehicle damage; Tricia Mergen 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: Danielle Basten for
vehicle damage; Jennifer Hess for vehicle damage; James Lehman for vehicle damage; Gina
Lynch for vehicle damage. Upon motion the documents were received, filed, and concurred.
Gardener and Assistant Gardener: City Manager recommending that the positions of
Gardener and Assistant Gardener be re-titled as Horticulturist and Assistant Horticulturalist
and approval to eliminate one Gardener position, creation of one Horticulturist position, and
eliminate two Assistant Gardner positions and create two Assistant Horticulturist positions.
Upon motion the documents were received, filed, and approved.
Natural Resources and Sustainable Practices Specialist: City Manager recommending the
elimination of a Foreman position in the Leisure Services Department and the creation of a
Natural Resources and Sustainable Practices Specialist position. Upon motion the documents
were received, filed, and approved.
Landfill Equipment Operator: City Manager recommending the elimination of the Landfill
Foreman position in the Public Works Department and the creation of a Landfill Equipment
Operator position. Upon motion the documents were received, filed, and approved.
Lead Mechanic: City Manager recommending the elimination of one Lead Mechanic position
in the Leisure Services Department and creating one Mechanic position. Upon motion the
documents were received, filed, and approved.
Collective Bargaining Agreement (Bus Operators): City Manager recommending approval of
a three-year Collective Bargaining Agreement between the City of Dubuque and the
Teamsters Local Union No. 120 (Bus Operators) for the contract period beginning July 1,
2011. Upon motion the documents were received and filed and Resolution No.173-11
Approving the agreement between the City of Dubuque, Iowa, and the Teamsters Local Union
No. 120 (Bus Operators) and authorizing the Mayor to sign the agreement was adopted.
RESOLUTION NO. 173-11
APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE
TEAMSTERS LOCAL UNION NO. 120 (BUS OPERATORS) AND AUTHORIZING THE
MAYOR TO SIGN THE AGREEMENT
Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations Act,
Chapter 20, Code of Iowa; and
Whereas, the City of Dubuque is public employer within the meaning of Section 3 (1) of the
Public Employment Relations Act; and
Whereas, the Teamsters Local Union No. 120 (Bus Operators), is an employee organization
within the meaning of Section 3 (4) of the Public Employment Relations Act; and
Whereas, the Teamsters Local Union No. 120 (Bus Operators), submitted a request to
bargain collectively on behalf of the employees within its representation; and
Whereas, bargaining between the parties has occurred and an agreement has been
concluded.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the terms of the agreement be approved and the Mayor authorized and
directed to sign the collective bargaining agreement.
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Passed, approved and adopted this 6 day of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, Acting City Clerk
Request to Vacate – 1900 Block of Garfield Avenue: Communication from Brian Goranson,
1956 Garfield Avenue, requesting that the City vacate the alley behind the east side of the
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1900 block of Garfield Avenue. Upon motion the document was received, filed, and referred to
the City Manager.
Dubuque Metropolitan Area Solid Waste Agency (DMASWA): Communication from Iowa
Secretary of State Matt Schultz informing the City that the documents pertaining to the
voluntary annexation of territory to the City of Dubuque for the Dubuque Metropolitan Area
Solid Waste Agency (DMASWA) have been filed. Upon motion the document was received
and filed.
City of Dubuque Code of Ordinances: City Manager recommending rescinding Resolution
No. 77-11 and approval of Supplement No. 4 to the City of Dubuque Code of Ordinances.
Upon motion the documents were received and filed and Resolution No. 174-11 Rescinding
Resolution No. 77-11 and adopting Supplement No. 4 to the Code of Ordinances of the City of
Dubuque, Iowa, was adopted.
RESOLUTION NO. 174-11
RESCINDING RESOLUTION NO. 77-11 AND ADOPTING SUPPLEMENT NO. 4 TO THE
CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA
Whereas, under date of August 17, 2009, the City Council of Dubuque, Iowa, pursuant to
Ordinance No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its
entirety; and
Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa, has adopted
certain ordinances amending the Code of Ordinances and said amendments have been
printed as supplements to the Code of Ordinances; and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution,
become part of the Code of Ordinances; and
Whereas, Resolution No. 77-11 adopted an unnumbered supplement as Supplement No. 4,
which was intended as an update only to the Unified Development Code and thereby is not
required to be adopted by resolution.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Resolution No. 177-11 is hereby rescinded.
Section 2. That Supplement No. 4 of the Code of Ordinances of the City of Dubuque, Iowa,
covering Ordinances 58-10, 59-10, 60-10, 63-10, 65-10, 1-11, 5-11 through 12-11, 15-11
through 25-11, 28-11 and 29-11 passed by Council and enacted through April 4, 2011,
prepared by the Sterling Codifiers, Inc., and filed in the Office of the City Clerk of the City of
Dubuque, Iowa, is hereby adopted and becomes part of the Code of Ordinances of the City of
Dubuque, Iowa.
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Passed, approved and adopted this 6 day of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Long Range Planning Advisory Commission: Communication from the Long Range
Planning Advisory Commission requesting that the City Council give strong consideration to
gender equality and diversity when considering applicants. Upon motion the document was
received and filed.
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Westbrook Subdivision Phase 1: City Manager recommending acceptance of the public
improvements with exceptions on North Westbrook Drive, South Westbrook Drive, Trails Edge
Drive, Pebble Creek Drive, and Commerce Park, which the developer, Callahan Construction,
has recently completed in Westbrook Subdivision – Phase 1. Upon motion the documents
were received and filed and Resolution No. 175-11 Accepting public improvements in
Westbrook Subdivision – Phase 1 was adopted.
RESOLUTION NO. 175-11
ACCEPTING PUBLIC IMPROVEMENTS IN WESTBROOK SUBDIVISION – PHASE 1
Whereas, pursuant to Resolution 385-03, certain public improvements were installed by the
developer of Westbrook Subdivision – Phase 1; and
Whereas, the improvements have been completed and the City Manager has examined the
work and has filed a certificate stating that the same has been completed in accordance with
the plans approved by the City Council and in conformance with City specifications, and has
recommended that the improvements be accepted by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that said public
improvements for Lots 1 through 48 of Block 1, Lots 1 through 10 Block 3, and Lots F, G, H, I,
J, and K of Westbrook Subdivision, except the stormwater detention facilities, be and the same
is hereby accepted.
Section 2. That maintenance of said public improvements shall be the responsibility of the
owner, Callahan Construction, for a period of two (2) years from the date of this resolution.
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Passed, approved and adopted this 6 day of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Historic Federal Building: City Manager transmitting correspondence from Rachel Franklin
Weekely of the U.S. Department of the Interior – National Park Service in response to the
City’s December 2010 biennial report on the Historic Federal Building. Upon motion the
documents were received and filed.
Spiegel Development Agreement – First Amendment: City Manager recommending
approval of the first Amendment to the Development Agreement with Spiegel Family Realty
Company Iowa, LLC to provide for a two-year extension of the job creation period. Upon
motion the documents were received and filed and Resolution No. 176-11 Approving the First
Amendment to the Spiegel Family Realty Company Iowa, LLC Development Agreement was
adopted.
RESOLUTION NO. 176-11
APPROVING THE FIRST AMENDMENT TO THE SPIEGEL FAMILY REALTY COMPANY
IOWA, LLC DEVELOPMENT AGREEMENT
Whereas, a Development Agreement (the Agreement), dated September 15, 2008, was
entered into by and between the City of Dubuque, a municipal corporation of the State of Iowa
(City) and Spiegel Family Realty Company Iowa, LLC, an Iowa business corporation with its
principal place of business in Peosta, Iowa (Developer); and
Whereas, City and Spiegel Family Realty Company Iowa, LLC now desire to amend the
Development Agreement as set forth in the attached First Amendment.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the First Amendment of the Spiegel Family Realty Company Iowa, LLC
Development Agreement is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute said First
Amendment on behalf of the City of Dubuque and the City Clerk is authorized and directed to
attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary to
implement the terms of the First Amendment as herein approved.
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Passed, approved and adopted this 6 day of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Downtown Housing Program – Bonson’s Block Ventures, LLC: City Manager recommending
approval of a Downtown Housing Program extension to Bonson’s Block Ventures, LLC
allowing the developer an additional six months, until December 31, 2011, for project
completion. Upon motion the documents were received and filed and Resolution No. 177-11
Approving an extension for the Downtown Housing Program Grant Award to Bonson’s Block
Ventures, LLC, was adopted.
RESOLUTION NO. 177-11
APPROVING AN EXTENSION FOR THE DOWNTOWN HOUSING PROGRAM GRANT
AWARD TO BONSON’S BLOCK VENTURES, LLC
Whereas, on May 23, 2010, the City received a Downtown Housing Incentive Program
application from Bonson’s Block Ventures, LLC; and
Whereas, the City Council on October 18, 2010 approved and awarded a Downtown
Housing Incentive Program grant for $80,000 to Bonson’s Block Ventures, LLC for the
redevelopment of 8 market-rate rental units; and
Whereas, on May 27, 2011 Bonson’s Block Ventures, LLC’s requested an extension of the
Downtown Housing Incentive grant award; and
Whereas, the City Council finds that the proposed extension is acceptable and necessary to
the growth and development of the downtown.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. An extension until December 31, 2011 for completion of market-rate residential
units for the Downtown Housing Incentive grant in the amount of $80,000 to Bonson’s Block
Ventures, LLC is hereby approved.
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Passed, approved and adopted this 6 day of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Request for Proposals – Grand River Center Electric Smart Meters Design: City Manager
recommending the issuance of a Request for Proposals for the Grand River Center electric
smart meters design. Upon motion the documents were received, filed, and approved.
Dubuque Water Sports Club – Lease Agreement: City Manager recommending approval of
the annual lease with the Dubuque Water Sports Club (formerly Dubuque Water Ski Club).
Upon motion the documents were received, filed, and approved.
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Bunker Hill Golf Course Irrigation Renovation Project: City Manager recommending
acceptance of the Bunker Hill Golf Course Irrigation Renovation Project as completed by
Midwest Irrigation, LLC in the final contract amount of $159,380.00. Upon motion the
documents were received and filed and Resolution No. 178-11 Accepting the Bunker Hill Golf
Course Irrigation Renovation Project and authorizing the payment of the contract amount to
the contractor was adopted.
RESOLUTION NO. 178-11
ACCEPTING THE BUNKER HILL GOLF COURSE IRRIGATION RENOVATION PROJECT
AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE
CONTRACTOR
Whereas, the Public Improvement Contract for the Bunker Hill Golf Course Irrigation
Renovation Project (the Project) has been completed and the City Engineer has examined the
work and filed a certificate stating that the Project has been completed according to the terms
of the Public Improvement Contract and that the City Engineer recommends that the Project be
accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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 Bunker
Hill Golf Course Irrigation Renovation Project appropriation for the contract amount of
$159,380 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 6 day of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
E. B. Lyons Nature Center Expansion Project: City Manager recommending acceptance of
the E. B. Lyons Nature Center Expansion Project as completed by Stumpf Construction, Inc.,
in the final contract amount of $1,304,654.54. Upon motion the documents were received and
filed and Resolution No. 179-11 Accepting the E. B. Lyons Nature Center Expansion Project
and authorizing the payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 179-11
ACCEPTING THE E.B. LYONS NATURE CENTER EXPANSION PROJECT AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the E.B. Lyons Nature Center Expansion
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.
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Section 2. The Finance Director is hereby directed to pay to the Contractor from the E.B.
Lyons Nature Center Expansion Project appropriation for the contract amount of
$1,304,654.54 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 6 day of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Green and Healthy Homes Initiative: City Manager recommending approval to execute a
compact to become a green and Healthy Homes Pilot City through the National Green and
Healthy Homes Initiative. Upon motion the documents were received, filed, and approved.
Sustainable Dubuque: City Manager transmitting the Sustainable Dubuque Project Status
Report for April 2011. Upon motion the documents were received and filed.
Community Oriented Policing Services (COPS): City Manager recommending approval to
submit a Community Oriented Policing Services (COPS) Hiring Grant in the amount of
$224,729 for the purpose of obtaining grant funding for one Community Policing Outreach
Corporal. Upon motion the documents were received and filed.
Wellmark Foundation Healthy Local Foods Grant: City Manager recommending approval of
a Letter of Intent to the Wellmark Foundation requesting $25,000 in funding for healthy local
foods projects. Upon motion the documents were received, filed and approved.
Bee Branch Creek Restoration Project – Engineering Services: City Manager
recommending approval and execution of an agreement with HDR Engineering (HDR)
whereby HDR will provide engineering services related to the railroad bridge required for the
Bee Branch Creek Restoration Project. Upon motion the documents were received, filed and
approved.
Signed Contracts: 1) Miron Construction Co. Change Order No. 7 for the Water Pollution
Control Plant Modifications; 2) TwistHDM (Limelight) contract for the re-lamping of the Iowa
Street Parking Ramp; 3) Green Dubuque, Inc., improvement contract to perform storm drain
labeling; 4) Ted Stackis Construction contract for deconstruction of properties on Kniest Street
for the Bee Branch Creek Restoration Project; 5) R&R Visuals contract for the Water Pollution
Control Plant Modifications Outfall Assessment. Upon motion the documents were received
and filed.
Liquor License Applications: City Manager recommending approval of annual liquor and
cigarette license renewals as submitted. Upon motion the documents were received and filed
and Resolution No. 180-11 Granting the issuance of thirty-two (32) renewal permits to sell
cigarettes within the City of Dubuque; Resolution No. 181-11 Granting the issuance of a Class
“C” Beer/Liquor License to Buffalo Wild Wings, Fischer Lanes, Diamond Jo Casino, Los
Aztecas III, Monk’s Kaffee Pub (1-Day Outdoor Sale), Rainbow Lounge (1-Day Outdoor Sale);
a Special Class “BW” Liquor License to Off Minor; a Class “B” Wine Permit to Walgreen’s
#11942, HyVee Wine & Spirits, and Hartig Drug #2; and a Class “WBN” Native Wine to
Accessorize Me; and Resolution No. 182-11 Granting the issuance of a Class “B” Beer Permit
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to Dubuque All That Jazz; a Class “C” Beer Permit to Walgreen’s #11942, HyVee Wine &
Spirits, Kwik Start #495, and Hartig Drug #2 were adopted.
RESOLUTION NO. 180-11
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the following having complied with the provisions of law relating to the sale of
Cigarettes within the City of Dubuque, Iowa, be granted a permit to sell Cigarettes and
Cigarette Papers within said City.
37 RENEWALS
16 TH St Auto Truck Plaza Mulgrew Oil Company 1215 E. 16 th St.
Aragon Tap Myra Woodman 1103 Iowa St.
Beecher Company Beecher Company 1691 Asbury Rd.
Big 10 Mart Mulgrew Oil Company 2100 JFK Rd.
Big 10 Mart Mulgrew Oil Company 1875 JFK Rd.
Casey’s Store # 2420 Casey’s Marketing Co. 2699 Rockdale Rd.
Casey’s Store # 2421 Casey’s Marketing Co. 4003 Peru Rd.
Clark of Dubuque Habeeba Zainab 700 Rhomberg Ave.
Dubuque Mining Co. Apts LTD Corp 555 J.F.K. Rd.
Family Mart, Inc. Family Mart 3201 Central Ave.
Fareway Stores # 114 Fareway Stores, Inc. 2050 JFK Rd.
Hy-Vee Food Store # 1 Hy-Vee, Inc. 3500 Dodge St.
Hy-Vee Wine & Spirits #1 Hy-Vee, Inc. 3500 Dodge St.
Hy-Vee Food Store # 2 Hy-Vee, Inc. 2395 NW Arterial
Hy-Vee Gas # 2 Hy-Vee, Inc. 2435 NW Arterial
Hy-Vee Food Store # 3 Hy-Vee, Inc. 400 S. Locust St.
Hy-Vee Gas # 3 Hy-Vee, Inc. 300 S. Locust St.
Iowa St Market Terry Norton 1256 Iowa St.
Kwik Star # 495 Kwik Trip, Inc. 2685 Dodge St.
Oky Doky # 1 TFM Co. 250 W. 1 st St.
Oky Doky # 2 TFM Co. 51 W. 32n St.
Oky Doky # 3 Hill Street Plaza 535 Hill St.
Paro Food Mart Sahajanand Enterprise 3200 Central Ave.
Phillips 66/Arby’s Liberty Station, LLC 10 Main St.
Pioneer’s Rest Stop George Isaac 4900 Old Highway Rd
Plaza 20 BP/Amoco R Future, Inc. 2600 Dodge St.
Puff n Snuff Molo Oil Company 1101 Rhomberg Ave.
Road Ranger # 159 Road Ranger LLC 2175 Central Ave.
Ron’s 5 Point Mart R Future 405 Rhomberg Ave.
Ron’s Discount Smoke/Bev. RKM LLC 3300 Asbury Rd
Ron’s Discount Smoke/Bev. RKM LLC 1450 Loras Blvd.
Sid’s Beverage Sid’s Beverage Store 2727 Dodge St.
Tobacco Outlet # 504 Kwik Trip, Inc. 806 Wacker Dr.
Walgreens # 09708 Walgreen Company 55 JFK Rd.
Walgreens # 06154 Walgreen Company 2260 JFK Rd.
Walgreens # 11942 Walgreen Company 345 20 Th St.
Wal-Mart Supercenter # 2004 Wal-Mart, Inc. 4200 Dodge St.
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Passed, approved and adopted this 6 day of June, 2011
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Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 181-11
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
Blazin Wings, Inc. Buffalo Wild Wings Grill/Bar 2805 NW Arterial
+(Sunday/Outdoor Sale)
Plastic Center Fischer Lanes +(Sunday Sale) 880 Locust St.
Diamond Jo, LLC Diamond Jo Casino +(Sunday/Outdoor 301 Bell St.
Sale)
Hildago, Inc. Los Aztecas III +(Sunday/Outdoor Sale) 2345 NW Arterial
Rick Worcester Monks Kaffee Pub (1 Day Outdoor Sale) 373 Bluff St.
DAMA Corp. Rainbow Lounge (1 Day Outdoor Sale) 36 W. 4 th St.
SPECIAL CLASS “BW” LIQUOR LICENSE
Rick Worcester Off Minor+(Sunday Sale) 920 Main St.
CLASS “B” WINE
Walgreen Co. Walgreen # 11942 345 E. 20 th St.
Hy-Vee Inc. Hy-Vee Wine & Spirits 3500 Dodge St. A
Hartig Drug Com. Hartig Drug # 2 157 Locust St.
CLASS “WBN” NATIVE WINE
Accessorize Me, Inc. Accessorize Me 474 Bluff St.
Passed, approved and adopted this 6th day of June, 2011
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
RESOLUTION NO. 182-11
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 “B” BEER PERMIT
Dubuque Jaycees Dubuque All That Jazz 7 th & Main St.
Dubuque Jaycees Dubuque All That Jazz 405 Main St
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CLASS “C” BEER PERMIT
Walgreens Company Walgreens #11942 +(Sunday Sale) 345 E. 20 th St.
Hy-Vee, Inc. Hy-Vee Wine & Spirits 3500 Dodge St. A
+(Sunday Sale)
Kwik Trip, Inc. Kwik Star # 495 +(Sunday Sale) 2685 Dodge St.
Hartig Drug Company Hartig Drug # 2 +(Sunday Sale) 157 Locust St.
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Passed, approved and adopted this 6 day of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Braig. Motion carried 7-0.
Vacating Petition – University of Dubuque: City Manager recommending that a public
hearing be set for June 20, 2011 to consider a request from the University of Dubuque to
vacate a portion of unimproved public alley west of Algona Street between West Third Street
and Bennett Street.
Communication from the University of Dubuque requesting that the City vacate a portion of
the street/alley abutting the University’s property at 2184, 2164 and 2154 Bennett Street and
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2154 W. 3 Street to provide parking for its performing arts center.
Upon motion the documents were received and filed and Resolution No. 183-11 Resolution
of Intent to vacate and dispose of City interest in Lot 3A of Bennett Street Subdivision in the
City of Dubuque, Dubuque County, Iowa, was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on June 20, 2011 in the Historic Federal Building.
RESOLUTION NO. 183-11
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN LOT 3A OF
BENNETT STREET SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY,
IOWA
Whereas, the University of Dubuque has requested the vacating and disposal of a portion of
a public alley west of Algona Street between West Third Street and Bennett Street; and
Whereas, WKHS & Co. has prepared and submitted to the City Council a plat showing the
vacated portion of the public alley west of Algona Street between West Third Street and
Bennett Street and assigned lot number thereto, which hereinafter shall be known and
described as Lot 3A of Bennett Street Subdivision in the City of Dubuque, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has determined that this public alley
west of Algona Street between West Third Street and Bennett Street is no longer required for
public use, except for utility easements as noted, and vacating and sale of said portions of
alleys and streets known as Lot 3A of Bennett Street Subdivision in the City of Dubuque,
Dubuque County, Iowa should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. That the City of Dubuque intends to dispose of its interest in Lot 3A of Bennett
Street Subdivision in the City of Dubuque, Iowa.
Section 2. That the conveyance of Lot 3A of Bennett Street Subdivision in the City of
Dubuque, Iowa to the University of Dubuque be contingent upon the payment of $9,900.00,
plus platting, publication and filing fees.
Section 3. The City of Dubuque reserves unto itself a perpetual easement including the right
of ingress and egress thereto, for the purpose of erecting, installing, constructing,
reconstructing, repairing, owning, operating, and maintaining water, sewer, drainage, gas,
telephone, television cable, fiber optics, and electric lines as may be authorized by the City of
Dubuque, Iowa, over and across all of Lot 3A of Bennett Street Subdivision.
Section 4. That the City Clerk be and is hereby authorized and directed to cause a notice of
intent to dispose of said real estate to be published in the manner as prescribed by law.
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Passed, approved and adopted this 6 day of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Holy Ghost Urban Renewal District: City Manager recommending approval of a Resolution
of Necessity finding that the creation of a new Holy Ghost Urban Renewal District is both
necessary and appropriate and that a public hearing be set for July 18, 2011. Upon motion the
documents were received and filed and Resolution No. 184-11 Resolutionof Necessity finding
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that certain property bounded by 28 Street, 30 Street, Central Avenue and the bluff is a
blighted area and that the redevelopment of said area 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 July 18, 2011 in the Historic Federal Building.
RESOLUTION NO. 184-11
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RESOLUTION OF NECESSITY FINDING THAT CERTAIN PROPERTY BOUNDED BY 28
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STREET, 30 STREET, CENTRAL AVENUE, AND THE BLUFF IS A BLIGHTED AREA
AND THAT THE REDEVELOPMENT OF SAID AREA IS NECESSARY IN THE INTEREST
OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA
.
Whereas, the City Council has determined that the active redevelopment of vacant
institutional property is a beneficial use of existing buildings that will enhance the City's
ongoing economic development efforts; and
Whereas, the City Council has determined that the area described in Section 1 below meets
the definitions of a blighted area as defined in Chapter 403 “Urban Renewal” of the Iowa Code;
and
Whereas, the Holy Ghost school buildings are significant structures in the North End
Neighborhood and will need assistance to preserve the buildings; 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 is a blighted area as defined by Chapter 403 of
the Iowa Code and is appropriate for an urban renewal project, to wit:
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Lot 1 of 1 and Lot 2 of 1 of Paragon Square in the City of Dubuque, Dubuque County, Iowa;
and also including public right-of-way of Central Avenue abutting thereto (hereinafter called the
Holy Ghost Urban Renewal District).
Section 2. That the redevelopment of the Holy Ghost Urban Renewal District for historic
revitalization 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 development of this area will provide new opportunities for quality
housing and job creation in the community.
Section 4. That the City Manager is authorized and directed to prepare an Urban Renewal
Plan for the Holy Ghost Urban Renewal District, to forward said Plan 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 5. That the City Clerk is directed to publish notice of a public hearing on the
adoption of an Urban Renewal Plan for the Holy Ghost Urban Renewal District to be held on
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the 18 day of July, 2011, at 6:30 p.m. in the Historic Federal Building in Dubuque, Iowa, 350
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W. 6 Street, Dubuque, Iowa and that said notice shall generally identify the area covered by
the Plan and the general scope of the Urban Renewal Plan activities planned for such area.
Section 6. 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 6 day of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards/Commissions: Human Rights Commission: Two 3-year terms through
January 1, 2012 (vacant terms of Apel and Sutton). Applicants: Regine Ronek, 2282 White
Street; Judie Root, 364 Hill Street.
PUBLIC HEARINGS
Paragon Square Urban Revitalization Plan: City Manager recommending approval to
remove the Paragon Square Urban Revitalization Area Plan from the Public Hearing Agenda.
Motion by Jones to receive and file the documents and approve the recommendation.
Seconded by Sutton. Motion carried 7-0.
SUSPEND THE RULES
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Paragon Square Urban Revitalization Plan: Proof of publication on notice of public hearing
to consider approval of the proposed Paragon Square Urban Revitalization Area Plan. This
item was removed from the agenda by a previous motion.
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Engine House #1 LLC – Development Agreement: Proof of publication on notice of public
hearing to consider a development agreement between the City of Dubuque and Engine
House #1, LLC. a subsidiary of Dubuque Initiatives, to sell and rehabilitate the Engine House
#1 Building (1805 Central Avenue), which formerly housed the Housing Department offices
and the City Manager recommending approval. Motion by Lynch to receive and file the
documents and adopt Resolution No. 185-11 (1) The disposal of an interest in real property
owned by the City of Dubuque by sale between the City of Dubuque, Iowa, and Engine House
#1, LLC, an Iowa Limited Liability Company; and (2) Approval of a development agreement
with Engine House #1, LLC to rehabilitate 1805 Central Avenue. Seconded by Connors.
Responding to questions from City Council, Van Milligen provided additional clarification of the
Historic Tax Credits and stated that the project could encourage additional renovation in the
area. Motion carried 7-0.
RESOLUTION NO. 185-11
APPROVING (1) THE DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY THE
CITY OF DUBUQUE BY SALE BETWEEN THE CITY OF DUBUQUE, IOWA AND ENGINE
HOUSE #1, LLC, AN IOWA LIMITED LIABILITY COMPANY AND (2) APPROVAL OF A
DEVELOPMENT AGREEMENT WITH ENGINE HOUSE #1, LLC TO REHABILITATE 1805
CENTRAL AVENUE
Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally described
as follows: Lot 1 of Engine House No. 1 Subdivision in the City of Dubuque, Dubuque County,
Iowa (the “Property”), according to the recorded Plat thereof, subject to easements and
restrictions of record; and
Whereas, Engine House #1, LLC plans to renovate the Property to be used by the Crescent
Community Health Center and the Head Start program; and
WHEREAS, on June 6, 2011, the City Council pursuant to notice published as required by law
held a public hearing on its intent to dispose of the foregoing interest in real property and
overruled all objections thereto; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque to
approve the Development Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Development Agreement between the City and Engine House #1, LLC is
hereby approved and the Mayor is authorized to execute said Development Agreement on
behalf of the City of Dubuque.
Section 2. The City Manager is authorized to execute any of the loans, incentives specified
in the Development Agreement.
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Passed, approved and adopted this 6 day of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Kaufmann Avenue HMA Resurfacing Project: Proof of publication on notice of public
hearing to consider approval of the plans, specifications, form of contract and the estimated
cost for the Kaufmann Avenue HMA Resurfacing Project (John F. Kennedy Road to Carter
Road) and the City Manager recommending approval. Motion by Lynch to receive and file the
documents and adopt Resolution No. 186-11 Approval of plans, specifications, form of
contract, and estimated cost for the Kaufmann Avenue HMA Resurfacing Project (John F.
Kennedy Road to Carter Road), Iowa DOT Project No. STP-U-2100 (662)--70-31. Seconded
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by Connors. Responding to questions from City Council, City Engineer Gus Psihoyos stated
that in order to keep project costs low, the City’s Public Works Department will complete the
section from Carter Road to Chaney Road. Motion carried 7-0.
RESOLUTION NO. 186-11
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE KAUFMANN AVENUE HMA RESURFACING PROJECT (JOHN F.
KENNEDY ROAD TO CARTER ROAD), IOWA DOT PROJECT NO. STP-U-2100 (662)--70-
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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
Kaufmann Avenue HMA Resurfacing Project (John F. Kennedy Road to Carter Road), Iowa
DOT Project No. STP-U-2100 (662)--70-31, in the estimated amount $660,323.90, are hereby
approved.
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Passed, adopted and approved this 6 day of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
ABC Supply Lease Agreement: Proof of publication on notice of public hearing to consider a
five-year lease of a building located at 10 S. Main Street to American Builders and Contractor’s
Supply Co., Inc. (ABC), and the City Manager recommending approval. Motion by Connors to
receive and file the documents and adopt Resolution No. 187-11 Approving the disposal of an
interest in real property owned by the City of Dubuque by lease between the City of Dubuque,
Iowa, and American Builders and Contractor’s Supply Co., Inc., (ABC Supply). Seconded by
Braig. Motion carried 7-0.
RESOLUTION NO. 187-11
APPROVING THE DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY THE
CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND
AMERICAN BUILDERS AND CONTRACTOR’S SUPPLY CO., INC. (ABC SUPPLY)
Whereas, the City of Dubuque, Iowa (City) owns the real property located at 10 S. Main Street
in the City of Dubuque, Iowa, legally described as follows:
Parcel “B”, located in Block 14 of Dubuque Harbor Company Addition, in the City of
Dubuque, as shown and described in Warranty Deed recorded April 29, 2005 in Document No.
2005-00006524 in the records of Dubuque County, Iowa
(the Real Estate); and
Whereas, City and American Builders and Contractor’s Supply Co., Inc. have negotiated a 5
year Lease Agreement for a building located on the Real Estate, a copy of which Lease
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Agreement is on file at the office of the City Clerk, City Hall, 13 and Central Avenue, Dubuque,
Iowa; and
Whereas, the City Council believes it is in the best interests of the City of Dubuque to approve
the Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Lease Agreement between City and American Builders and Contractor’s
Supply Co., Inc. is hereby approved and the City Manager is authorized to execute said lease on
behalf of the City of Dubuque.
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Passed, approved and adopted this 6 day of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
REINSTATE THE RULES
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Greater Dubuque Development Corporation – Report: Rick Dickinson Executive Director –
Greater Dubuque Development Corporation, provided a verbal update on the activities of the
Greater Dubuque Development Corporation that included information on local, national and
global exposure for the City, job growth, average wage, commercial construction, staffing, and
future goals. Motion by Lynch to receive and file the information. Seconded by Braig. Motion
carried 7-0.
Dubuque Packing Company Memorial: Communication from Chuck Stoltz, former Chairman
and President of the Dubuque Packing Company, proposing an informative tribute memorial
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located at the southwest corner of 16 and Sycamore Streets. Motion by Braig to receive and
file the documents and accept the donation. Seconded by Connors. Motion carried 7-0.
Final Plat – English Ridge Subdivision No. 2: City Manager recommending approval of the
Final Plat of English Ridge Subdivision No. 2. Motion by Connors to receive and file the
documents and adopt Resolution No. 188-11 Authorizing approval of the Final Plat of English
Ridge Subdivision No. 2 in the City of Dubuque, Iowa. Seconded by Jones. Responding to
questions from City Council, Assistant Planner Kyle Kritz state that this project is
grandfathered and not subject to the 40-Point language of the Unified Development Code. He
added that open space was not required in this phase as it was dedicated in the first phase.
Motion carried 7-0.
RESOLUTION NO. 188-11
AUTHORIZING APPROVAL OF THE FINAL PLAT OF ENGLISH RIDGE SUBDIVISION NO.
2 IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of English Ridge Subdivision
No. 2 in the City of Dubuque, Iowa; and
Whereas, upon said final plat appear streets to be known as Stone Valley Drive (Lot A),
South Dorchester Lane (Lot B), North Dorchester Lane (Lot C) and Shrewsbury Lane (Lot D)
together with certain public utility, storm sewer and water main easements, which the owner by
said final plat has dedicated to the public forever; and
Whereas, the preliminary plat has been examined by the Zoning Advisory Commission and
its approval has been endorsed thereon; and
Whereas, said final plat has been reviewed by the City Planner and her approval has been
endorsed thereon, subject to the owner’s agreeing to the conditions specified herein; and
Whereas, said final plat has been examined by the City Council and the City Council find
the final plat conforms to the applicable statutes and ordinances, except that streets and public
utilities have not yet been completely constructed or installed.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Stone Valley Drive (Lot A), South Dorchester Lane (Lot B),
North Dorchester Lane (Lot C) and Shrewsbury Lane (Lot D) and the easements for public
utilities as they appear on said final plat, be and the same are hereby accepted; and
Section 2. That the final plat of English Ridge Subdivision No. 2 is hereby approved and the
Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of
Dubuque, Iowa, upon said final plat, provided the owners of said property herein named,
execute their written acceptance of the attached conditions and further agree:
(a) To reduce Stone Valley Drive (Lot A), South Dorchester Lane (Lot B), North
Dorchester Lane (Lot C) and Shrewsbury Lane (Lot D) to grade and to construct longitudinal
sub-drains, concrete curb and gutter with asphaltic mix concrete, or concrete paving with
integral curb, all in accordance with the City of Dubuque standard specifications in a manner
acceptable to the City Engineer, in conformance with construction improvement plans
approved by the City Engineer, and inspected and approved by the City Engineer.
(b) To install sanitary sewer main with sewer service laterals into each individual lot,
water main with water service laterals into each individual lot, storm sewers and catch
basins, street lighting and erosion control devices all in accordance with the City of
Dubuque standard specifications in a manner acceptable to the City Engineer, and in
accordance with construction improvement plans approved by the City Engineer, and
inspected and approved by the City Engineer.
(c) To construct the improvements outlined in (a) and (b) above within two years from the
date of acceptance of this resolution, at the sole expense of the owners, or future owner.
(d) To maintain the improvements outlined in (a) and (b) above for a period of two (2)
years from the date of the acceptance of those improvements by the City Council of the City
of Dubuque, Iowa, at the sole final expense of the owners, or future owner;
(e) To provide security for the performance of the foregoing conditions specified in this
Section in such form and with such sureties as may be acceptable to the City Manager of
the City of Dubuque, Iowa.
Section 3. That sidewalk installation shall be the responsibility of each lot owner for each lot
abutting the public rights-of-way, including lots with multiple frontages, as required by City
Code Chapter 10-1-2 (Sidewalk Installation and Repair).
Section 4. That the owner must continue to own and maintain storm water detention basin
(Lot A of English Ridge Subdivision) until (1) the facility has been fully completed, (2) 80% of
the platted lots shown on the preliminary plat of the subdivision and subdivisions thereof have
been fully developed, and (3) adequate erosion control measures, as approved by the City
Engineer have been installed on the remaining 20% of the lots. Acceptance of said detention
facility (Lot A English Ridge Subdivision) must be by the City Council as required by the
Unified Development Code. Upon the City’s acceptance of the detention facility, the inspection,
administrative and maintenance expenses incurred by the City of Dubuque for the storm water
detention facility (Lot A) shall be assessed against the property owners, except the City of
Dubuque, of all phases of English Ridge Subdivision as indicated above and on the preliminary
plat, in equal amounts. The City Manager shall certify such costs to the City Clerk, who in turn
shall promptly certify such costs to the Dubuque County Treasurer, and such costs shall then
be collected with and in the same manner as general property taxes in accordance with
provisions of law.
Section 5. That the final acceptance of the public improvements shall only occur upon
certification of the City Engineer to the City Council that the public improvements have been
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completed in accordance with the approved improvement plans and City standards and
specifications and accepted by City Council Resolution.
Section 6. That in the event English Ridge, LLC fails to execute the acceptance and furnish
the guarantees provided hereof within 180 days after the date of this Resolution, the provisions
hereof shall be null and void and the acceptance of the dedication and approval the plat shall
not be effective.
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Passed, approved and adopted this 6 ay of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
ACCEPTANCE OF RESOLUTION NO. 188-11
I, the undersigned, Larry McDermott, representing English Ridge, LLC., having read the
terms and conditions of the Resolution No. 188-11 and being familiar with the conditions
thereof, hereby accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this day of 2011.
By Larry McDermott
Downtown Rehabilitation Loan Program - 39 Bluff Street: City Manager recommending a
resolution approving a Letter of Commitment for a Downtown Rehabilitation Loan of $300,000,
Design Grant for $10,000, a Façade Grant of $10,000 and a Financial Consultant Grant of
$5,000 for Franklin Investments, LLC to support their rehabilitation of property located at 39
Bluff Street (former Central Alternative School building). Motion by Lynch to receive and file the
documents and adopt Resolution No. 189-11 Authorizing a Letter of Commitment and
additional actions concerning a Downtown Rehabilitation Loan, Design Grant, Façade Grant
and Financial Consultant Grant to 39 Bluff Street. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 189-11
AUTHORIZING A LETTER OF COMMITMENT AND ADDITIONAL ACTIONS CONCERNING
A DOWNTOWN REHABILITATION LOAN, DESIGN GRANT, FAÇADE GRANT AND
FINANCIAL CONSULTANT GRANT TO 39 BLUFF STREET.
Whereas, the City of Dubuque, Iowa, has created a Downtown Rehabilitation Loan/Grant
Program 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 this loan/grant program to
finance code compliance activities and to spur job creation activities; and
Whereas, the loan application from Franklin Investments, LLC. meets the requirements of
this program; and
Whereas, a Commitment Letter, hereto attached and by this reference made a part hereof,
sets forth the terms and conditions of Franklin Investments, LLC. for participation in the
Downtown Rehabilitation Loan Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the application of Franklin Investments, LLC. for participation in the
Downtown Rehabilitation Loan and Grant Program 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 Commitment Letter and to forward said letter to
Franklin Investments, LLC. for review and approval.
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Section 3. That the City Manager be and he is hereby directed to prepare, upon execution
and receipt of the attached Commitment Letter by the applicant, the necessary loan
documents in accordance with the terms and conditions set forth in said Commitment Letter.
Section 4. That the City Manager is hereby authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, all necessary loan documents and is further authorized
to disburse loan funds from the Downtown Rehabilitation Loan/Grant Program, in accordance
with the terms and conditions of the executed agreement.
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Passed, approved and adopted this 6 day of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Fiscal Year 2012 Arts and Cultural Funding Program for Operating Support: Arts and
Cultural Affairs Advisory Commission recommending approval of 14 Fiscal Year 2012 Arts and
Cultural Funding Program Operating Support requests and authorization for the City Manager
to sign the funding agreements. Motion by Jones to receive and file the documents and
approve the recommendation. Seconded by Braig. Motion carried 7-0.
Tax Increment Financing Ordinance for the Greater Downtown Urban Renewal District: City
Manager recommending approval of an ordinance amending the Tax Increment Financing
District for the Greater Downtown Urban Renewal District to establish the use of Tax Increment
Financing collection on recently expanded areas of the district. 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. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 33-11 Amending
Ordinance Nos. 51-10, 64-97 and 43-94, each as previously amended, providing that general
property taxes levied and collected each year on all property located within the Greater
Downtown Urban Renewal District of the City of Dubuque, County of Dubuque, State of Iowa,
by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque
Community School District, and other taxing districts, be paid to a special fund for payment of
principal and interest on loans, monies advanced to and indebtedness, including bonds issued
or to be issued, incurred by said City in connection with the Amended and Restated Urban
Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Jones. Motion
carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 33-11
ORDINANCE NOS. 51-10, 64-97 and 43-94, EACH AS PREVIOUSLY AMENDED,
PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH
YEAR ON ALL PROPERTY LOCATED WITHIN THE GREATER DOWNTOWN URBAN
RENEWAL DISTRICT OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF
IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE,
COUNTY OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER
TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND
INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUDING
BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH
THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE GREATER
DOWNTOWN URBAN RENEWAL DISTRICT
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Whereas, the City Council of the City of Dubuque, Iowa (the "City") has heretofore, in
Ordinance No. 30-82, provided for the division of taxes within the original Downtown Dubuque
Urban Renewal Project, Iowa R-15, described in Resolution No. 123-67 adopted on May 18,
1967, pursuant to Section 403.19 of the Code of Iowa; and
Whereas, the original Downtown Dubuque Urban Renewal Project, Iowa R-15,
subsequently was amended by Resolution No. 79-71 approved on March 15, 1971, by
Resolution No. 73-74 approved on March 11, 1974, by Resolution No. 107-82 approved on
May 3, 1982, by Resolution No. 191-84 approved on June 25, 1984, by Resolution No. 371-93
approved on December 6, 1993, by Resolution No. 145-94 approved on May 2, 1994, by
Resolution No. 479-97 approved on November 17, 1997, by Resolution No. 476-98 approved
on October 19, 1998 and by Resolution No. 187-02 approved on April 1, 2002, which
amendments, among other things, added areas referred to as the Old Main Subarea, Town
Clock Expansion Subarea and Upper Main Subarea to the area of the Downtown Dubuque
Urban Renewal District; and
Whereas, consistent with the foregoing amendments, Ordinance No. 30-82 subsequently
was amended by Ordinance Nos. 23-94, 36-94, 67-97, and 26-02 to provide for the division of
taxes within the several subareas of the amended Downtown Dubuque Urban Renewal
District; and
Whereas, the City Council of the City has heretofore, in Ordinance No. 66-89, provided for
the division of taxes within the original Ice Harbor Urban Renewal District, described in
Resolution No. 403-89 adopted on December 18, 1989, pursuant to Section 403.19 of the
Code of Iowa; and
Whereas, the original Ice Harbor Urban Renewal District subsequently was amended by
Resolution No. 241-00 approved on June 5, 2000 and by Resolution 114-02 approved on
March 4, 2002, which amendments, among other things, added an additional area referred to
as Subarea B to the area of the Ice Harbor Urban Renewal District; and
Whereas, consistent with the foregoing amendment, Ordinance No. 66-89 subsequently
was amended by Ordinance No. 97-00 to provide for the division of taxes within the two
subareas of the amended Ice Harbor Urban Renewal District; and
Whereas, the original Downtown Dubuque Urban Renewal District and the original Ice
Harbor Urban Renewal District and their respective Subareas were combined into a single
urban renewal area, under the terms of an Urban Renewal Plan for the Greater Downtown
Urban Renewal District, pursuant to Resolution No. 170-04 adopted on April 19, 2004; and
Whereas, consistent with foregoing amendment, Ordinance Nos. 30-82 and 66-89 were
amended by Ordinance No. 35-04 to provide for the division of taxes within the various sub-
areas of the Greater Downtown Urban Renewal District; and
Whereas, the Urban Renewal Plan for the Greater Downtown Urban Renewal District was
amended and restated as an Amended and Restated Urban Renewal Plan, pursuant to
Resolution No. 108-07 approved on February 20th, 2007, to provide for, among other things,
the further expansion of the Greater Downtown Urban Renewal District to include additional
areas described as the Ice Harbor Subarea C; and
Whereas, consistent with the foregoing amendment, Ordinance No.35-04 was amended by
Ordinance No. 20-07 to provide for the division of taxes within Ice Harbor Subarea C of the
Greater Downtown Urban Renewal District; and
Whereas, the Urban Renewal Plan for the Greater Downtown Urban Renewal District was
further amended and restated as an Amended and Restated Urban Renewal Plan, pursuant to
Resolution No. 597-07 approved on December 17, 2007, for the purpose of expanding the
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Greater Downtown Urban Renewal District to include additional areas described as the
Warehouse Subarea and the South Main Subarea, and
Whereas, consistent with the foregoing amendment, Ordinance No. 20-07 was amended by
Ordinance No. 63-07 to provide for the division of taxes within the Warehouse Subarea and
the South Main Subarea of the Greater Downtown Urban Renewal District; and
Whereas, the Urban Renewal Plan for the Greater Downtown Urban Renewal District was
further amended and restated as an Amended and Restated Urban Renewal Plan, pursuant to
Resolution No. 300-08 approved on September 2, 2008, for the purpose of expanding the
Greater Downtown Urban Renewal District to include additional areas described as the South
Port Subarea; and
Whereas, consistent with the foregoing amendment, Ordinance No. 63-07 was amended by
Ordinance No. 60-08 to provide for the division of taxes within the South Port Subarea of the
Greater Downtown Urban Renewal District; and
Whereas, the Urban Renewal Plan for the Greater Downtown Urban Renewal District was
further amended and restated as an Amended and Restated Urban Renewal Plan, pursuant to
Resolution No. 393-09 approved on October 5, 2009, for the purpose of expanding the Greater
Downtown Urban Renewal District to include additional areas described as the Cable Car
Subarea; and
Whereas, consistent with the foregoing amendment, Ordinance No. 60-08 was amended by
Ordinance No. 58-09 to provide for the division of taxes within the Cable Car Subarea of the
Greater Downtown Urban Renewal District; and
Whereas, the Urban Renewal Plan for the Greater Downtown Urban Renewal District was
further amended and restated as an Amended and Restated Urban Renewal Plan, pursuant to
Resolution No. 269-10 approved on July 19, 2010, for the purpose of expanding the Greater
Downtown Urban Renewal District to include additional areas described as the Bluff Street
Subarea, and
Whereas, consistent with the foregoing amendment, Ordinance No. 58-09 was amended by
Ordinance No. 51-10 to provide for the division of taxes within the Bluff Street Subarea of the
Greater Downtown Urban Renewal District; and
Whereas, the Urban Renewal Plan for the Greater Downtown Urban Renewal District was
further amended and restated as an Amended and Restated Urban Renewal Plan, pursuant to
Resolution No. 86-11 approved on March 7, 2011, for the purpose of expanding the Greater
Downtown Urban Renewal District to include additional areas described as the South Bluff
Street Subarea, and
Whereas, the Greater Downtown Urban Renewal District, as so amended, subsequently
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was combined with the East 7 Street Economic Development District, and the Kerper
Boulevard Industrial Park Economic Development District to form a single urban renewal area
governed by the terms of an Amended and Restated Urban Renewal Plan for the Greater
Downtown Urban Renewal District, under which additional subareas described as the Kerper
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Boulevard Subarea, Washington Neighborhood Subarea, Industrial Harbor Subarea, East 7
Street Subarea, and Chaplain Schmitt Subarea were established as part of the Greater
Downtown Urban Renewal District, all pursuant to Resolution No. 155-11 adopted on May 2,
2011; and
Whereas, Ordinance No. 64-97 has heretofore provided for the division of taxes within East
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7 Street Economic Development District; and
Whereas, Ordinance No. 43-94 has heretofore provided for the division of taxes within
Kerper Boulevard Industrial Park Economic Development District; and
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Whereas, indebtedness has been incurred by the City, and additional indebtedness is
anticipated to be incurred in the future, to finance urban renewal project activities within the
combined area known as the Greater Downtown Urban Renewal District (the “Greater
Downtown Urban Renewal District”), and the continuing needs of redevelopment within the
Greater Downtown Urban Renewal District are such as to require the continued application of
the incremental tax resources of the Greater Downtown Urban Renewal District; and
Whereas, the following enactment is necessary to accomplish the objectives described in
the premises.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Ordinance Nos. 51-10, 64-97, and 43-94 (amending Ordinance 58-09, Ordinance 60-08,
Ordinance 63-07, amending Ordinance No. 20-07, amending Ordinance No. 35-04, amending
Ordinance No. 30-82, as amended by Ordinance Nos. 23-94, 36-94, 67-97, and 26-02, and
Ordinance No. 66-89, as amended by Ordinance No. 97-00) are hereby combined and
amended to read as follows:
Section 1: For purposes of this Ordinance, the following terms shall have the following
meanings:
(a) Original Town Clock Subarea shall mean that portion of the Amended Project Area
initially described in the Urban Renewal Plan for the Downtown Dubuque Urban Renewal
Project, Iowa R-15, approved by Resolution No. 123-67 on May 18, 1967, as amended by the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District approved by Resolution No. 108-07 on February 20th, 2007, which Original Town
Clock Subarea includes the lots and parcels located within the area now legally described as
follows:
Beginning at the intersection of the north right-of-way line of Ninth Street with the east right-
of-way line of Central Avenue; thence south along the east right-of-way line of Central Avenue
to its intersection with the south right-of-way line of Fourth Street; thence west along the south
right-of-way line of Fourth Street to its intersection with the west right-of-way line of Locust
Street; thence north along the west right-of-way line of Locust Street to its intersection with the
north right-of-way line of Ninth Street, but also including the adjacent City Lots 623 and 624
(Dubuque Museum of Art), the Locust Street Parking Ramp between 8th and 9th Streets and
the former U.S. Federal Building located on City Lots 101, 102, 139, 140, and the N 54.5’ of
City Lots 103 & 138, and the vacated alley between said lots; thence east along the north right-
of-way line of Ninth Street to its intersection with the east right-of-way line of Central Avenue,
but also including the adjacent Iowa Inn property and the public parking lot known as Parking
Lot Number 1 located between 9th and 10th Streets east of Iowa Street, to the point of
beginning.
(b) Old Main Subarea shall mean that portion of the Amended Project Area initially
described in the Amended and Restated Urban Renewal Plan for the Downtown Dubuque
Urban Renewal District approved by Resolution No. 145-94 on May 2, 1994, which Old Main
Subarea includes the lots and parcels located within the area legally described as follows:
Beginning at the intersection of the south right-of-way line of Fourth Street with the east
right-of-way line of Central Avenue; thence west along the south right-of-way line of Fourth
Street to the west right-of-way line of Locust Street; thence south along the west right-of-way
line of Locust Street to the north right-of-way line of the Locust Street Connector; thence east
along the north right-of-way line of the Locust Street Connector to the west right-of-way line of
Highways 151/61; thence north along the west right-of-line of Highways 151/61 to the point of
beginning.
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(c) Town Clock Expansion Subarea shall mean that portion of the Amended Project Area
initially described in the Amended and Restated Urban Renewal Plan for the Downtown
Dubuque Urban Renewal District approved by Resolution No. 479-97 on November 17, 1997,
which Town Clock Expansion Subarea includes the lots and parcels located within the area
legally described as follows:
South 1/2 of City Lot 167, City Lot 168 and City Lot 168A; Lots 1 & 2 of City Lots 204, 205,
206, 207 and 208, N. 23' of City Lot 263, S. 28.5' of City Lot 263, N. 1/2 of City Lot 262, S. 1/2
of City Lot 262, N. 1/2 of City Lot 261, all in Section 24, Township 89 North, Range 2 East, 5th
P.M., Dubuque County, Iowa and any adjoining public right-of-way.
(d) Upper Main Subarea shall mean that portion of the Amended Project Area initially
described in the Amended and Restated Urban Renewal Plan for the Downtown Dubuque
Urban Renewal District approved by Resolution No. 187-02 on April 1, 2002, as amended by
the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District approved by Resolution No. 108-07 on February 20th, 2007, which Upper Main
Subarea includes the lots and parcels located within the area legally described as follows:
On the North by Fourteenth Street, on the West by Locust Street but also including adjacent
City Lots 660, 659, 658A and 658 except the south 1’ of City Lot 658 (Carnegie-Stout Public
Library), on the South by the Town Clock Expansion Subarea and on the East by Central
Avenue, including all public rights-of-way.
(e) Ice Harbor Subarea A shall mean that portion of the Amended Project Area initially
described in the Urban Renewal Plan for the Ice Harbor Urban Renewal District approved by
Resolution No. 403-89 on December 18, 1989, which Ice Harbor Subarea A includes the lots
and parcels located within the area legally described as follows:
that area generally bounded on the north by the public alley located between the vacated
Fourth Street and Third Street, on the west by the Chicago, Central and Pacific Railroad right-
of-way, on the south by East First Street and on the east by the municipal limits of the City of
Dubuque, Iowa and including any adjoining public right-of-way.
(f) Ice Harbor Subarea B shall mean that portion of the Amended Project Area initially
described in the Amended and Restated Urban Renewal Plan for the Ice Harbor Urban
Renewal District approved by Resolution No. 241-00 on June 5, 2000, which Ice Harbor
Subarea B includes the lots and parcels located within the area legally described as follows:
that area generally bounded on the north and west by the Chicago, Central and Pacific
Railroad right-of-way, on the south by the northerly boundary of the Ice Harbor Subarea A and
on the east by the municipal limits of the City of Dubuque, Iowa (excluding Lot 1 Adams Co.'s
2nd Addition) and including any adjoining public right-of-way.
(g) Ice Harbor Subarea C shall mean a portion of the Amended Project Area added by the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District approved by Resolution No. 108-07 on February 20th, 2007, consisting of Lot 1 Adams
Co.’s 2nd Addition and any adjoining public right-of-way.
(h) Warehouse Subarea shall mean a portion of the Amended Project Area added by the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District approved by Resolution No. 597-07 on December 17, 2007, which Warehouse
Subarea includes the lots and parcels located within the area legally described as follows:
Commencing as a point of reference at the intersection of the centerlines of 11th Street and
Central Avenue in the City of Dubuque, Dubuque County, Iowa, said point being the point of
beginning; thence northeasterly along the centerline of 11th Street to a point of intersection
with the centerline of White Street; thence northwesterly along the centerline of White Street to
a point of intersection with the centerline of 12th Street; thence northeasterly along the
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centerline of 12th Street and extension thereof to a point of intersection with the centerline of
US Highways 151 and 61; thence southwesterly along the centerline of US Highways 151 and
61 to a point of intersection with the centerline of 4th Street extended; thence southwesterly
along the centerline of 4th Street and extension thereof to a point of intersection with the
centerline of Central Avenue; thence northwesterly along the centerline of Central Avenue to a
point of intersection with the centerline of 9th Street; thence southwesterly along the centerline
of 9th Street to a point of intersection with the westerly line of City Lot 259 extended southerly;
thence northwesterly along the westerly line of City Lot 259, and Lots 1 and 2 of the
Subdivision of the South ½ of City Lot 261 and City Lot 260 to the southwest corner of the N ½
of City Lot 261; thence northeasterly along the southerly line of the N ½ of City Lot 261 and
extension thereof to a point of intersection with the centerline of Central Avenue; thence
northwesterly along the centerline of Central Avenue to a point of intersection of 11th Street
also being point of beginning; and including any adjoining public right-of-way.
(i) South Main Subarea shall mean a portion of the Amended Project Area added by the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District approved by Resolution No. 597-07 on December 17, 2007, which South Main
Subarea includes the lots and parcels located within the area legally described as follows:
Commencing as a point of reference at a point of intersection of the centerline of Locust
Street with the Locust Street Connector in the City of Dubuque, Dubuque County, Iowa, said
point being the point of beginning; thence northeasterly along the centerline of the Locust
Street Connector to a point of intersection with the centerline of US Highways 52, 61, and 151;
thence southeasterly along the centerline of US Highways 52, 61, and 151 to a point of
intersection with the centerline of the eastern section of Jones Street extended southwesterly;
thence southwesterly along said extension of the centerline of the eastern section of Jones
Street to a point of intersection with the centerline of Main Street; thence northwesterly along
the centerline of Main Street to a point of intersection with the centerline of Jones Street;
thence northwesterly along the centerline of Jones Street to a point of intersection with the
easterly line of Lot 2D of vacated Shields Street extended northerly; thence southeasterly
along the easterly line of Lot 2D of vacated Shields Street to the southeasterly corner of said
Lot 2D; thence southwesterly along the southerly lines of Lot A and Lot 2D of vacated Shields
Street and Lot 1 of 2 of City Lot 543 extended westerly to a point of intersection with the
centerline of Locust Street; thence northeasterly along the centerline of Locust Street to a point
of intersection with the centerline of the Second Street Connector, also being the point of
beginning; and including any adjoining public right-of-way.
(j) South Port Subarea shall mean a portion of the Amended Project Area added by the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District approved by Resolution No. 300-08 on September 2, 2008, which South Port Subarea
includes the lots and parcels located within the area legally described as follows:
Beginning at a point of reference at the northwest corner of lot 2AA of Cooper Wagon
Works Block in the City of Dubuque, Dubuque County Iowa, said pint being on the southerly
right of way line of East First Street; Thence southeasterly along the southerly right of line of
East First Street and extension thereof to the municipal limits of the City of Dubuque; Thence
southerly along said municipal limits to a point of intersection with the southern right of way line
of Railroad Ave. extended easterly; Thence southwesterly along said right of way line
extension there to the southeast corner of lot A, Block 15 Dubuque Harbor Company’s
Addition; Thence northwesterly along the easterly line of said Lot A to the northerly right of way
line of Railroad Ave., and south line of lot 1 of 5 of Block 27 Dubuque Harbor Company’s
Addition; Thence northwesterly along the westerly lines of lots 1 of 5, 1 of 4, 1 of 3, 1 of 2 and
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1 of 1 of said Block 27 to the south line of lot 4A of said Block 17; Thence westerly to the
easterly right of way line of vacated Water Street; Thence northwesterly along said easterly
line to the southwesterly corner of lot 2 of said Block 17; Thence westerly along the extension
of the southerly line of said Lot 2 to the westerly line of Vacated Water Street; Thence
southeasterly along said westerly right of way line to the southerly corner of lot 2 of Block 18 of
Dubuque Harbor Company’s Addition; Thence northwesterly along the westerly line of said lot
2 to a point of intersection with the southerly right of way line of vacated Charter St; Thence
southwesterly along said right of way line and extension thereof the centerline of South Main
Street; Thence northwesterly along said centerline to the northerly line of lot 5, Block 13
Dubuque Harbor Company’s Addition extended northeasterly; Thence southwesterly along
said line to the easterly line of lots 7 and 8 of said Block 13; Thence southeasterly along the
easterly lines of said lots 7 & 8 and extension thereof to the centerline of Charter Street;
Thence southwesterly along said centerline to the centerline of Salina Street; Thence
northwesterly along said centerline to the northerly line of lot 1 of 3 of Block C of Industrial
Sub. No. 1 extended northeasterly; Thence southwesterly along the northerly lines of said lot 1
of 3 and Lot 2 of said Block C extended to the westerly right of way line of Harrison St.; Thence
northerly along the easterly line of the West Part of Lot 1 of 1 of 1 of 1 of P.J. Seippel Lumber
Company Place; Thence westerly along the southerly lines of lots 1 of 1 of 2 of 1 and Lot 2 of 1
of 2 of 1 and extension thereof to the centerline of relocated South Locust St; Thence northerly
along said centerline to the centerline of Dodge St; Thence easterly along said centerline of
Dodge Street to a point of intersection with the westerly line of Lot E of vacated Shields Street
extended southerly; Thence northerly along said westerly line to the northwest corner of said
lot E; Thence easterly along the north line of said lot E and Lot 6 Block 11 of Dubuque Harbor
Company’s Addition and extension thereof to the centerline of Main Street; Thence
southeasterly along the centerline of Main St. to the centerline of Dodge Street; Thence
easterly along the centerline of Dodge St to the intersection of Highway 61/151; Thence
northwesterly along said centerline to a point of intersection with the southerly right of way line
of East First Street; Thence southeasterly along said right of way line to the point of beginning.
(k) Cable Car Subarea shall mean a portion of the Amended Project Area added by the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District approved by Resolution No. 393-09 on October 5, 2009, which Cable Car Subarea
includes the lots and parcels located within the area legally described as follows:
Commencing as a point of reference at the intersection of the centerlines of Second Street
and Locust Street in the City of Dubuque, Dubuque County, Iowa, said point being the point of
beginning; Thence southeasterly along the centerline of Locust Street to a point of intersection
with the centerline of First Street; Thence southwesterly along the centerline of First Street to a
point of intersection with the centerline of Bluff Street; Thence northwesterly along the
centerline of Bluff Street to a point of intersection with the centerline of Emmett Street; Thence
southwesterly along the centerline of Emmett Street to a point of intersection with the
centerline of St. Mary’s Street; Thence northwesterly along the centerline of St. Mary’s Street
and to a point of intersection with the northerly line of Cathedral Center extended
southwesterly; Thence northeasterly along the northerly line of Cathedral Center to a point of
intersection with the westerly right of way line of Bluff Street; Thence northwesterly along said
westerly right of way line of Bluff Street and extension thereof to a point of intersection with the
centerline of Third Street; Thence southwesterly along the centerline of Third Street to a point
of intersection with the westerly line of Lot 1 of the East 78 ft. of the South 100 ft. of Lot 4 of
City Lot 692 extended southerly; Thence northwesterly along said westerly line to a point of
intersection with the southerly line of Fenelon Point Subdivision; Thence northeasterly along
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said southerly line to a point of intersection with the westerly line of Lot 2 of 2 of City Lot
692;Thence northwesterly along said westerly line and westerly line of Lot 1 of 2 of City Lot
692 to a point of intersection with the southerly right of way line of W. Fourth Street; Thence
northeasterly across W. Fourth Street to the southwest corner of Lot 1 of Evan’s Place, said
point also being on the northerly right of way line of W. Fourth Street; Thence northwesterly
along the west line of said Lot 1 to the southeast corner of Lot 34 of Cooper Heights Addition;
Thence continuing northwesterly along the easterly line of Lots 34, 35, 36 and 37 of Cooper
Heights Addition to a point of intersection with the southerly right of way line of W. Fifth Street;
Thence northeasterly to a point of intersection in the centerline of W. Fifth Street approximately
270 feet southwesterly of the centerline of Bluff Street; Thence northwesterly along the
centerline of W. Fifth Street to a point of intersection with the southerly line of Coriell’s
Dubuque also being the northerly right of way line of W. Fifth Street; Thence northeasterly
along said right of way line of W. Fifth St. to the southwest corner of Lot 1 of City Lot
690;Thence northwesterly along the westerly line of said Lot 1 to the northwest corner of said
Lot 1;Thence northeasterly along the northerly line of said Lot 1 to the northeast corner of said
Lot 1;Thence southeasterly along the easterly line of said Lot 1 to a point of intersection with
the northerly line of the south 62.5 ft. of the north 64 ft. of City lot 617;Thence northeasterly
along said northerly line and extension thereof to a point of intersection with the centerline of
Bluff Street; Thence southeasterly along the centerline of Bluff Street to a point of intersection
with the northerly line of the south 10 ft. of City Lot 138 extended southwesterly; Thence
northeasterly along said northerly line and northerly line of the south 10 ft. of the south 34.6 ft.
of City Lot 103 and extension thereof to a point of intersection with the centerline of Locust
Street; Thence southeasterly along the centerline of Locust Street to a point of intersection
with the centerline of Second Street, said point being the point of beginning.
(l) Bluff Street Subarea shall mean a portion of the Amended Project Area added by the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District approved by Resolution No. 269-10 on July 19, 2010, which Bluff Street Subarea
includes the lots and parcels located within the area legally described as follows:
Commencing as a point of reference at the intersection of the centerlines of W. Sixth 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 northerly line of the south 62.5 ft. of the north 64 ft. of City Lot 617 extended
southeasterly; thence southwesterly along said northerly line to the easterly line of Lot 1 of City
Lot 690; thence northwesterly along the easterly line of said Lot 1 to the northeast corner of
said Lot 1; thence southwesterly along the northerly line of said Lot 1 to the northwest corner
of said Lot 1; thence southeasterly along the westerly line of said Lot 1 to a point of
intersection with northerly right of way line of W. Fifth Street; thence southwesterly along said
right of way line of W. Fifth St. to the southeast corner of the South 73’ of Lot 13 of Coriell’s
Dubuque; thence northwesterly 73’ along the easterly line of said South 73’ of Lot 13 of
Coriell’s Dubuque to the northeast corner of the South 73’ of Lot 13 of Coriell’s Dubuque;
thence southwesterly along the northerly line of said South 73’ of Lot 13 of Coriell’s Dubuque
to a point of intersection with westerly line of Lot 13 of Coriell’s Dubuque; thence northwesterly
along said westerly line of Lot 13 to a point of intersection with the southerly line of Lot 33 of
Coriell’s Dubuque; thence northeasterly along said southerly line of Lot 33 to a point of
intersection with the westerly line of Lot 14 of Coriell’s Dubuque’ thence northwesterly along
said westerly line of said Lot 14 to a point of intersection with the southerly line of Lot 34 of
Coriell’s Dubuque; thence northeasterly along said southerly line of Lot 34 to the easterly line
of Coriell’s Dubuque; thence northwesterly along said easterly line Lots 34, 35, 36, 37, 38, and
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44 of Coriell’s Dubuque to the northwest corner of the North 50’ of Lot 1 of Lot 1 of City Lot
653; thence northeasterly along the northerly line of said North 50’ of Lot 1 of Lot 1 of City Lot
653 to the southeast corner of Lot 1 of McKinlay’s Subdivision; thence northwesterly along said
easterly line of said Lot 1 and extension thereof to a point of intersection with the centerline of
West Eighth Street; thence northwesterly along said centerline of West Eighth Street to a point
of intersection with the westerly line of Lot 1 of the Subd’n. of City Lot 688 and part of City Lot
654 extended southerly; thence northwesterly along said westerly line of Lot 1 and extension
thereof northerly to a point of intersection with the centerline of West Ninth Street; thence
southwesterly along the centerline of West Ninth Street to a point of intersection with the
southerly extension of the westerly line of Lot 2 of Lot 12 of Central Addition; thence
northwesterly along said westerly right of Lot 2 of Lot 12 to the northwest corner of said Lot;
thence northeasterly along the northerly line of said Lot 2 of Lot 12 to the northeast corner of
said Lot; thence southeasterly along said easterly line of said Lot 2 of Lot 12 to the southwest
corner of Lot 1 of Lot 11 of Central Addition; thence northeasterly along the southerly line of
Lot 1 of Lot 11 and Lot 1 of Lot 10 of Central Addition to a point of intersection with the
westerly line of Lot 1 of Lot 9 of Central Addition; thence northwesterly along said westerly line
of Lot 1 of Lot 9 to a point of intersection with the southerly right of way line of a public alley in
Central Addition; thence northeasterly along said southerly line to a point of intersection with
the westerly line of Lot 1 of 1 of 10 of Lorimer’s Subdivision; thence northwesterly along said
westerly line of said Lot 1 of 1 of 10 to the northerly line of Lorimer’s Subdivision; thence
northeasterly along the northerly line of Lorimer’s Subdivision to the southeast corner of a
public alley between Corkery’s Subdivision and City Lot 655; thence northwesterly along the
easterly right of way line of said alley to a point of intersection with West Eleventh Street;
thence southwesterly along centerline of West Eleventh Street to a point of intersection with
the centerline of Grove Terrace; thence northwesterly along centerline of Grove Terrace to a
point of intersection with the northerly right of way line of Arlington Street; thence northeasterly
along the northerly right of way line of Arlington Street to the southeast corner of City Lot 769B;
thence northwesterly along the easterly line of said City Lot 769B to a point of intersection with
the southerly line of Lot 3 of Brown’s Subdivision; thence southwesterly along the southerly
line of said Lot 3 to the southwest corner of said lot; thence northwesterly along the westerly
line of said Lot 3 and extension thereof to a point of intersection with the centerline of Loras
Boulevard; thence northeasterly along said centerline to a point of intersection with the
centerline of Locust Street; thence southeasterly along the centerline of Locust Street to a
point of intersection with the centerline of W. Eleventh Street; thence southwesterly along the
centerline of W. Eleventh Street to a point of intersection with the centerline of Bluff Street;
thence southeasterly along the centerline of Bluff Street to a point of intersection with the
extension of the southerly line of City Lot 658A; thence northeasterly along the southerly line of
City Lot 658A extended and the southerly line of City Lot 658, except the southerly one foot
thereof, extended to a point of intersection with the centerline of Locust Street; thence
southeasterly along the centerline of Locust Street to a point of intersection with the centerline
of West Ninth Street; thence southwesterly along the centerline of West Ninth Street to a point
of intersection with the centerline of Bluff Street; thence southeasterly along the centerline of
Bluff Street to a point of intersection with the centerline of West Eighth Street; thence
northeasterly along the centerline of West Eighth Street to a point of intersection with the
centerline of Locust Street; thence southeasterly along the centerline of Locust Street to a
point of intersection with the northerly line of City Lot 624 extended northeasterly; thence
southwesterly along the northerly line of City Lot 624 extended southeasterly to the centerline
of a public alley; thence southeasterly along the centerline of a public alley to a point of
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intersection with the centerline of W. Seventh Street; thence northeasterly along the centerline
of W. Seventh Street to a point of intersection with Locust Street; thence southeasterly along
the centerline of Locust Street to a point of intersection with West Sixth Street; thence
southwesterly along the centerline of West Sixth Street to a point of intersection with Bluff
Street said point being the point of beginning.
(m) South Bluff Street Subarea shall mean that portion of the Amended Project Area added
by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District approved by Resolution No. 86-11 on March 7, 2011, which South Bluff Street Subarea
includes the lots and parcels located within the area legally described as follows:
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 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.
(n) Kerper Boulevard Subarea shall mean that portion of the Amended Project Area initially
described in the Amended and Restated Urban Renewal Plan for the Greater Downtown
Urban Renewal District approved by Resolution No. 155-11 on May 2, 2011, which Kerper
Boulevard Subarea includes the lots and parcels located within the area legally described as
follows:
Lot 1-2, Lot 2-2, Lot 2A, Lot 3 and Lot 6 all in Kerper Industrial Park in the City of Dubuque,
Dubuque County, Iowa, also including the entire right of way of Kerper Court and the westerly
portion of Kerper Boulevard right of way from the abutting Kerper Court right of way and Lot 3
of Kerper Industrial Park to the centerline of Kerper Boulevard.
(o) Washington Neighborhood Subarea shall mean that portion of the Amended Project
Area added by the Amended and Restated Urban Renewal Plan for the Greater Downtown
Urban Renewal District approved by Resolution No. 155-11 on May 2, 2011, which
Washington Neighborhood Subarea includes the lots and parcels located within the area
legally described as follows:
Commencing as a point of reference at the intersection of the centerlines of Central Avenue
and Loras Boulevard in the City of Dubuque, Dubuque County, Iowa, said point being the point
of beginning; Thence southwesterly along the centerline of Loras Boulevard to a point of
intersection with the westerly line of Lot 3 of Brown’s Subdivision extended northerly; Thence
northerly to the southwest corner of Lot 2-3 of City Lot 667; Thence northwesterly along the
westerly line of said Lot 2-3; Thence northeasterly along the northerly line of said Lot 2-3 to a
point of intersection with the southeasterly line of Lot 1-3 of City Lot 667; Thence northeasterly
along the said southeasterly line to the northeast corner of said Lot 1-3; Thence southwesterly
along the northerly line of said Lot 1-3 to a appoint of intersection with the easterly right of way
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line of Montrose Terrace; Thence northwesterly along said the easterly right of way line to a
point of intersection with the easterly right of way line of a public alley between D. N. Cooley’s
Subdivision and Fairview Subdivision; Thence continuing northwesterly along said the easterly
th
alley line to a point of intersection with the southerly right of way line of W. 17 Street; Thence
th
northwesterly crossing W. 17 St. to the most easterly corner of Lot 2-1-1-2 of City Lot 670,
th
said point being at the point of intersection of the north right of way of W. 17 St. and westerly
th
right of way line of W. Locust St.; Thence southwesterly along the north right of way of W. 17
St. to southeast corner of Lot 1-2-2 of City Lot 670; Thence northwesterly along the easterly
lines of Lot 1-2-2 and Lot 2-2-2 of City Lot 670 to a point of intersection with the southerly right
of way line of Clark St.; Thence northwesterly crossing Clark St. to the southeasterly corner of
Welsh Place; Thence northwesterly along the easterly line of said Welsh Place to the northeast
corner thereof; Thence southwesterly along the northerly line of said Welsh Place to a point of
intersection with the easterly right of way line of a public alley along the westerly side of A. L.
Bowen’s Subdivision; Thence northwesterly along said easterly right of way line to a point of
intersection with the southerly right of way line of Angella Street; Thence southwesterly along
said southerly right of way line to the northeast corner of Lot 12 of Gilliam’s Subdivision;
Thence northwesterly crossing Angella St. to the most southerly corner of Lot 1 of Gilliam’s
Subdivision said point being on the northerly right of way line of Angella St.; Thence
northwesterly along the westerly line of said Lot 1 to a point of intersection with the southerly
line of Lot 2 of Alvin Haas Place; Thence southwesterly along the southerly line of Lot 1 and
Lot 2 of Alvin Haas Place and the southerly line of the Westerly 40 feet of Lot 3 of Quigley’s
Subdivision of Out Lot 710 to the most easterly corner of Lot 24 of Quigley’s Subdivision of Out
Lot 710; Thence westerly along the southerly boundary of Lots 4 through Lots 15 of Quigley’s
Subdivision Out Lot 710 and the southerly line of Lots 9A, 10 and 11 of Quigley’s Subdivision
Out Lot 711 to a point of intersection with the easterly right of way line of Pierce Street; Thence
northerly along said easterly right of way line and extension thereof to a point of intersection
with the northerly right of way line of W. Locust Street; Thence easterly along said northerly
right of way line to the easterly right of way line of Foye Street; Thence northerly along said
easterly right of way line to a point of intersection with the southerly right of way line of a public
alley lying between Almond and W. Locust Sts.; Thence easterly along said southerly right of
way line to a point of intersection with the westerly right of way line of Ellis Street; Thence
southeasterly along said westerly right of way line to a point of intersection with the northerly
right of way line of W. Locust Street; Thence southeasterly crossing Ellis St. to a point of
intersection with the easterly right of way line of Ellis St. at the southerly right of way line of
Dorgan Place; Thence easterly along said southerly right of way line of Dorgan Place to the
northeast corner of Lot 1-14 of Dorgan’s Subdivision; Thence easterly crossing Dorgan Place
to the southwest corner of Lot 5-2 of City Lot 673; Thence northerly along the westerly line of
said Lot 5-2 to the northwest corner thereof; Thence easterly along the northerly line of said
Lot 5-2 to a point of intersection with the westerly right of way line of Madison Street; Thence
easterly crossing Madison St. to the most westerly corner of Lot A-2-1 of City Lot 674, said
point being on the easterly right of way line of Madison St. Thence easterly along the northerly
line of said Lot A-2-1 to a point of intersection with the easterly right of way line of Main Street;
Thence northerly along said easterly right of way line to the northwest corner of Lot 2-1 of City
Lot 674; Thence easterly and continuing northeasterly along the northerly lines of Lot 2-1, Lot
2-2, Lot 2-1-3, Lot 1-2-3 all of the subdivision of City Lot 674 to a point of intersection with the
westerly line of Lot 4 of City Lot 674; Thence northwesterly along said westerly line to a point
of intersection with the southerly line of Lot 1-1-2 of Duncan’s Subdivision; Thence
northeasterly along said southerly line and southerly line of Lot 1 and Lot 2 of M. A. Rebman’s
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Subdivision and extension thereof to a point of intersection with the easterly right of way line of
Heeb Street; Thence northwesterly along said easterly right of way line to a point of
intersection with the northerly right of way line of Clarke Drive; Thence northwesterly along
said northerly right of way line to a point of intersection with the easterly right of way line of
Heeb Street lying between Central Avenue and Shelby Street; Thence northwesterly along
said easterly right of way line to a point of intersection with the southerly right of way line of
Kaufmann Avenue; Thence easterly along said southerly right of way line to a point of
intersection with the southerly extension of the easterly right of way line of a public alley lying
between Central Ave. and Francis Street; Thence northwesterly along said easterly right of
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way line to a point of intersection with the southerly right of way line of W. 23 Street; Thence
southwesterly along said southerly right of way line to the northwest corner of the East One-
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Half of Lot 11 of Tivoli Addition; Thence northwesterly crossing W. 23 St. to the southwesterly
corner of Lot 1 of Valeria Place No. 2; Thence northwesterly along the westerly line of said Lot
1 to a point of intersection with the southerly line of Lot 2 of said Valeria Sub. No. 2; Thence
southwesterly along the southerly line of said Lot 2 to the southwest corner thereof; Thence
northwesterly along the westerly line of said Lot 2 to a point of intersection with the southerly
line of Lot 2-1 of Valeria Place; Thence northeasterly along said southerly line to the
southeasterly corner of said Lot 2-1; Thence northwesterly along the easterly line of said Lot 2-
1 the northeast corner thereof, said point also being the southeasterly right of way line of Carr
St.; Thence northwesterly along the easterly right of way line of Carr St. to a point of
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intersection with the southerly right of way line of W. 24 Street; Thence northeasterly along
said southerly right of way line to a point of intersection with the southerly extension of the
easterly right of way line of Division Street; Thence northwesterly along said easterly right of
way line to the northwest corner of Lot 8 of Wullweber’s Subdivision; Thence southwesterly
along the southerly line of John King’s Subdivision to the southwest corner of the West 33.98
feet of Lot 1-6 of John King’s Subdivision; Thence northwesterly along the westerly line of the
West 33.98 feet of Lot 1-6 of John King’s Subdivision to the northwest corner thereof; Thence
northeasterly along the northerly line of said West 33.98 feet to the southwest corner of Lot 1
of the East 329.98 feet of Lot 8 of John King’s Subdivision; Thence northwesterly along the
westerly line of said Lot 1 to a point of intersection with the southerly line of the NE1/4 of said
Lot 8; Thence southwesterly along said southerly line to the southwest corner of said NE1/4 of
Lot 8; Thence northwesterly along the westerly lines of the NE1/4 of Lot 8, the SE1/4 of Lot 10,
the NE1/4 Lot 10 and the E1/2 of Lot 12 all in John King’s Subdivision to the northwest corner
of said E1/2 of Lot 12; Thence northeasterly along the northerly line of said E1/2 of Lot 12 to
the southwest corner of Lot 1-1-1 of the E1/2 of Lot 14 in John King’s Subdivision; Thence
northwesterly along the westerly lines of Lot 1-1-1 of the E1/2 of Lot 14 John King’s
Subdivision to the northwest corner thereof; Thence northeasterly along the northerly line of
said Lot 1-1-1 to a point of intersection with the westerly right of way line of Central Avenue;
Thence northeasterly crossing Central Avenue to a point of intersection of the easterly right of
way line of Central Avenue and the northerly right of way line of E. 25th Street; Thence
northeasterly along said northerly right of way line and extension thereof to a point of
intersection with the easterly right of way line of Elm Street; Thence southeasterly along said
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easterly right of way line to a point of intersection with the northerly right of way line of E. 24
Street; Thence northeasterly along said northerly right of way line and extension thereof to a
point of intersection with the easterly right of way line of Windsor Avenue; Thence
southeasterly along said easterly right of way line to a point of intersection with the northerly
right of way line of E. 22nd Street; Thence northeasterly along said northerly right of way line
to a point of intersection with the westerly right of way line of Stafford Street; Thence
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northeasterly crossing Stafford Street to a point of intersection of the easterly right of way line
of Stafford Street and the northerly right of way line of Thomas Place; Thence southeasterly
along said easterly right of way line of Stafford Street and extension thereof to a point of
intersection with the southerly right of way line of Garfield Avenue; Thence southwesterly along
said southerly right of way line to a point of intersection with the centerline of Stafford Street
extended southeasterly; Thence southeasterly along the centerline of Stafford Street extended
to a point of intersection with the northwesterly line of Lot 2-2 of Kerper Industrial Park; Thence
southwesterly along said northwesterly line of Lot 1-2 of Kerper Industrial Park to the
northernmost point of Lot 1 of Kerper Industrial Park; Thence southwesterly along the westerly
line of said Lot 1 to a point of intersection with the northerly right of way line of E. 16th Street;
Thence southwesterly along said northerly right of way line to the easterly right of way line of
Pine Street; Thence southeasterly crossing E. 16th Street along said easterly right of way of
Pine St. extended to a point of intersection with the southerly right of way line of E. 16th St.;
Thence southwesterly along said southerly right of way line to a point of intersection with the
easterly right of way line of Elm Street; Thence southeasterly along said easterly right of way
line to a point of intersection with the northerly right of way line of E. 15th Street; Thence
southwesterly along said northerly right of way line to a point of intersection with the westerly
right of way line of Elm Street; Thence southeasterly along said westerly right of way of Elm
Street and extension thereof to a point of intersection with the centerline of E. 12th Street;
Thence southwesterly along the said centerline of E. 12th Street to a point of intersection with
the centerline of White Street; Thence southeasterly along said centerline of White Street to a
point of interjection with the centerline of E. 11th Street; Thence southwesterly along said
centerline of E. 11th Street to a point of intersection with the centerline of Central Avenue;
Thence northwesterly along said centerline of Central Avenue to a point of intersection with the
centerline of Loras Boulevard, said point being the point of beginning.
(p) Industrial Harbor Subarea shall mean that portion of the Amended Project Area added
by the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District approved by Resolution No. 155-11 on May 2, 2011, which Industrial Harbor Subarea
includes the lots and parcels located within the area legally described as follows:
Commencing as a point of reference at the intersection of the centerline of E. 12th Street
and the westerly right of way of Elm Street extended southeasterly, in the City of Dubuque,
Dubuque County, Iowa, said point being the point of beginning; Thence northwesterly along
said westerly right of way line of Elm Street and extension thereof to a point of intersection with
the northerly right of way line of E. Fifteenth Street; Thence northeasterly along said northerly
right of way line to a point of intersection with the westerly right of way line of a public alley
lying between Pine Street and Maple Street; Thence northwesterly along said westerly right of
way line to the northeast corner of the North 35 feet of Lot 255 in East Dubuque Addition;
Thence southwesterly along the northwesterly line of said Lot to a point of intersection with the
easterly right of way line of Pine Street; Thence northwesterly along said easterly right of way
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line and extension thereof to the northerly right of way line of E. 16 Street; Thence
northeasterly along said northerly right of way line to the southwest corner of Lot 1 of Kerper
Industrial Park; Thence northwesterly and continuing northeasterly along the westerly line of
said Lot 1 to the most northerly corner thereof; Thence southwesterly along the westerly lines
of Lot 1-2 and Lot 2A of Kerper Industrial Park to the southwest corner of said Lot 2A; Thence
northeasterly along the southerly line of said Lot 2A to the southeast corner thereof; Thence
northwesterly along the easterly line of said Lot 2A to the southwest corner of Lot 6 of Kerper
Industrial Park; Thence northeasterly along the southerly line of said Lot 6 to the southeast
corner thereof; Thence northwesterly along the easterly line of said Lot 6 to the northeast
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corner thereof and point of intersection with the southerly right of way line of Kerper Court;
Thence northeasterly along said southerly right of way line and extension thereof to a point of
intersection with the centerline of Kerper Blvd; Thence northwesterly along said centerline to a
point of intersection with the northerly line of Lot 3 of Kerper Industrial Park extended easterly;
Thence northwesterly along said extended line to the northeast corner of said Lot 3, said point
also being on the westerly right of way line of Kerper Blvd.; Thence northerly along said right of
way line to a point of intersection with the northeasterly right of way line of Fengler St.; Thence
southeasterly along the extension of said northeasterly right of way line crossing Kerper Blvd.
to a point of intersection with the westerly line of Lot 1A of Block 7 River Front Subdivision No.
3, said point being on the easterly right of way line of Kerper Blvd.; Thence southeasterly along
said easterly right of way line to a point of intersection with the northerly right of way line of E.
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16 Street; Thence southeasterly crossing E. 16 Street to a point of intersection of the south
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right of way line of E. 16 St. and the east right of way line of Kerper Blvd.; Thence
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northeasterly along the southerly right of way line of E. 16 St. to a point of intersection with
the westerly shore of Peosta Channel; Thence southeasterly continuing along the westerly
shore of Mississippi River adjacent to the following: Kerper Blvd., River Front Subdivision No.
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2, Part of Government Lot 3, Section 19, T89N, R3E, 5 P.M., Parts of Congressional Lot 8 in
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Section 19, T89N, R3E, 5 P.M, Dubuque Harbor Improvement Company’s Addition, and
River Front Subdivision No. 1, to a point of intersection with the northerly line of Ice Harbor
Urban Renewal Subarea B, described as “that area generally bounded on the north and west
by the Chicago, Central and Pacific Railroad right-of-way, on the south by the northerly
boundary of Subarea A and on the east by the municipal limits of the City of Dubuque including
any adjoining public right-of-way; Thence northwesterly and continuing southwesterly along the
northerly and westerly sides of Ice Harbor Urban Renewal District Subarea B to a point of
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intersection with the southerly right of way line of E. 4 street; Thence southwesterly along
said southerly right of way line to a point of intersection with the centerline of U.S. Highways
61/151; Thence northeasterly along said centerline to a point of intersection with the centerline
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of E. 12 Street; Thence southwesterly along said centerline to a point of intersection with the
westerly right of way line of Elm St. extended, said point being the point of beginning;
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Excepting therefrom, the East 7 Street Subarea.
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(q) East 7 Street Subarea shall mean that portion of the Amended Project Area initially
described in the Amended and Restated Urban Renewal Plan for the Greater Downtown
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Urban Renewal District approved by Resolution No. 155-11 on May 2, 2011, which East 7
Street Subarea includes the lots and parcels located within the area legally described as
follows:
Block 13 Lot 1 of Lot 4, Lot 1 of Lot 5, Lot 1 of Lot 6, and Lots 7, 8, 9, 10, 11, 12, 13 and 14;
Block `16 Lots 1, 2, 3, 4 and 5; and Block 17 Lots A, B, C, D, E, F, Lots 1, 2, 3, 4, 5, 6, 7, 8, 9,
10, 11, 12, 13, 14, and 15, Lot 1 of Lot 16, Lot 1 of Lot 1 of Lot 17, Lot 2 of Lot 1 of Lot 18, Lot
2 of Lot 20, Lot 2 of Lot 21, Lot 2 of Lot 22, Lot 2 of Lot 23, Lot 2 of Lot 24, Lot 2 of Lot 25, Lot
2 of Lot 26, Lot 2 of Lot 27, Lot 3 of Lot 28, Lot 3 of Lot 29,Lot 3 of Lot 30, Lot 3 of Lot 31, Lot 3
of Lot 32 all in the Dubuque Harbor Improvement Co.'s Addition, Township 89 North, Range 3
East of the 5th P.M., Dubuque County, Iowa and any adjoining public right-of-way.
(r) Schmitt Subarea shall mean that portion of the Amended Project Area added by the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District approved by Resolution No. 155-11 on May 2, 2011, which Chaplain Schmitt Subarea
includes the lots and parcels located within the area legally described as follows:
All of that part of the City of Dubuque lying easterly of the Peosta Channel also known as
Chaplain Schmitt Island and the area lying east of the easterly right of way line of Kerper
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Boulevard between the centerline of U.S. Highway 61/151 and the southerly right of way line of
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E. 16 Street in Sections 17, 18, 19 and 20, T89N, R3E, 5 P.M. in the City of Dubuque,
Dubuque County, Iowa.
(s) Amended Project Area shall mean the areas of the City of Dubuque, Iowa included within
the Original Town Clock Subarea, the Old Main Subarea, the Town Clock Expansion Subarea,
the Upper Main Subarea, the Ice Harbor Subarea A, the Ice Harbor Subarea B, the Ice Harbor
Subarea C, the Warehouse Subarea, the South Main Subarea, the South Port Subarea, the
Cable Car Subarea, the Bluff Street Subarea, the South Bluff Street Subarea, the Kerper
Boulevard Subarea, the Washington Neighborhood Subarea, the Industrial Harbor Subarea,
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the East 7 Street Subarea and the Chaplain Schmitt Subarea, each as described in this
Section.
(t) Urban Renewal Plan shall mean the Amended and Restated Urban Renewal Plan for the
Greater Downtown Urban Renewal District, approved by Resolution No. 155-11 on May 2,
2011, as the same may be amended from time to time.
Section 2: The taxes levied on the taxable property in the Amended Project Area, legally
described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Dubuque,
County of Dubuque, Dubuque Community School District, and all other taxing districts from
and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance
provided.
Section 3: As to the Original Town Clock Subarea, that portion of the taxes which would be
produced by the rate at which the tax is levied each year by or for each of the taxing districts
taxing property in the Original Town Clock Subarea upon the total sum of the assessed value
of the taxable property in the Original Town Clock Subarea as shown on the assessment roll
as of January 1, 1966, being the assessment roll last equalized prior to the date of the initial
adoption of the Urban Renewal Plan for the Downtown Dubuque Urban Renewal Project, Iowa
R-15, shall be allocated to and when collected be paid into the fund for the respective taxing
district as taxes by or for said taxing district into which all other property taxes are paid. The
taxes so determined shall be referred herein as the "base period taxes" for such subarea.
As to the Old Main Subarea, base period taxes shall be computed in the same manner
using the total assessed value shown on the assessment roll as of January 1, 1993, being the
assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance
No. 23-94.
As to the Town Clock Expansion Subarea, base period taxes shall be computed in the same
manner using the total assessed value shown on the assessment roll as of January 1, 1996,
being the assessment roll as of January 1 of the calendar year preceding the effective date of
Ordinance No. 67-97.
As to the Upper Main Subarea, base period taxes shall be computed in the same manner
using the total assessed value shown on the assessment roll as of January 1, 2001, being the
assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance
No. 26-02.
As to the Ice Harbor Subarea A, base period taxes shall be computed in the same manner
using the total assessed value shown on the assessment roll as of January 1, 1988, being the
assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance
No. 66-89.
As to the Ice Harbor Subarea B, base period taxes shall be computed in the same manner
using the total assessed value shown on the assessment roll as of January 1, 1999, being the
assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance
No. 97-00.
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As to the Ice Harbor Subarea C, base period taxes shall be computed in the same manner
using the total assessed value shown on the assessment roll as of January 1, 2006, being the
assessment roll as of January 1 of the calendar year preceding the effective date of Ordinance
No. 20-07.
As to the Warehouse Subarea, base period taxes shall be computed in the same manner
using the total assessed value shown on the assessment roll as of January 1, 2006, being the
first day of the calendar year preceding the effective date of Ordinance No. 63-07.
As to the South Main Subarea, base period taxes shall be computed in the same manner
using the total assessed value shown on the assessment roll as of January 1, 2006, being the
first day of the calendar year preceding the effective date of Ordinance No. 63-07.
As to the South Port Subarea, base period taxes shall be computed in the same manner
using the total assessed value shown on the assessment roll as of January 1, 2007, being the
first day of the calendar year preceding the effective date of Ordinance No. 60-08.
As to the Cable Car Subarea, base period taxes shall be computed in the same manner
using the total assessed value shown on the assessment roll as of January 1, 2008, being the
first day of the calendar year preceding the effective date of Ordinance 58-09.
As to the Bluff Street Subarea, base period taxes shall be computed in the same manner
using the total assessed value shown on the assessment roll as of January 1, 2009, being the
first day of the calendar year preceding the effective date of Ordinance 51-10.
As to the South Bluff Street Subarea, base period taxes shall be computed in the same
manner using the total assessed value shown on the assessment roll as of January 1, 2010,
being the first day of the calendar year preceding the effective date of this Ordinance.
As to the Kerper Boulevard Subarea, base period taxes shall be computed in the same
manner using the total assessed value shown on the assessment roll as of January 1, 1993,
being the first day of the calendar year preceding the effective date of Ordinance 43-94.
As to the Washington Neighborhood Subarea, base period taxes shall be computed in the
same manner using the total assessed value shown on the assessment roll as of January 1,
2010, being the first day of the calendar year preceding the effective date of this Ordinance.
As to the Industrial Harbor Subarea, base period taxes shall be computed in the same
manner using the total assessed value shown on the assessment roll as of January 1, 2010,
being the first day of the calendar year preceding the effective date of this Ordinance.
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As to the East 7 Street Subarea, base period taxes shall be computed in the same manner
using the total assessed value shown on the assessment roll as of January 1, 1996, being the
first day of the calendar year preceding the effective date of Ordinance 64-97.
As to the Chaplain Schmitt Subarea, base period taxes shall be computed in the same
manner using the total assessed value shown on the assessment roll as of January 1, 2010,
being the first day of the calendar year preceding the effective date of this Ordinance.
Section 4: That portion of the taxes each year in excess of the base period taxes for the
Amended Project Area, determined for each subarea thereof as provided in Section 3 of this
Ordinance, shall be allocated to and when collected be paid into the special tax increment fund
previously established by the City of Dubuque to pay the principal of and interest on loans,
monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise,
including bonds issued under authority of Section 403.9 or Section 403.12 of the Code of Iowa,
incurred by the City of Dubuque, Iowa to finance or refinance, in whole or in part, urban
renewal projects undertaken within the Amended Project Area pursuant to the Urban Renewal
Plan, except that taxes for the regular and voter-approved physical plant and equipment levy of
a school district imposed pursuant to Section 298.2 of the Code of Iowa (but only to the extent
required under Section 403.19(2)) and taxes for the payment of bonds and interest of each
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taxing district shall be collected against all taxable property within the Amended Project Area
without any limitation as hereinabove provided.
Section 5: Unless or until the total assessed valuation of the taxable property in the
subareas of the Amended Project Area exceeds the total assessed value of the taxable
property in said subareas shown by the assessment rolls referred to in Section 3 of this
Ordinance, all of the taxes levied and collected upon the taxable property in the Amended
Project Area shall be paid into the funds for the respective taxing districts as taxes by or for the
taxing districts in the same manner as all other property taxes.
Section 6: At such time as the loans, monies advanced, bonds and interest thereon and
indebtedness of the City of Dubuque referred to in Section 4 hereof have been paid, all monies
thereafter received from taxes upon the taxable property in the Amended Project Area shall be
paid into the funds for the respective taxing districts in the same manner as taxes on all other
property.
Section 7: All ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be
construed so as to continue the division of taxes from property within the Amended Project
Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in Ordinance
Nos. 51-10, 64-97 and 43-94, each as previously amended, and to fully implement the division
of taxes in the South Bluff Street Subarea, the Washington Neighborhood Subarea, the
Industrial Harbor Subarea, and the Chaplain Schmitt Subarea. In the event that any provision
of this Ordinance shall be determined to be contrary to law it shall not affect other provisions or
application of this Ordinance which shall at all times be construed to fully invoke the provisions
of Section 403.19 of the Code of Iowa with reference to the Amended Project Area and the
territory contained therein.
Section 8: This Ordinance shall be in effect after its final passage, approval and publication
as provided by law.
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Passed and approved this 6 day of June, 2011.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, Acting City Clerk
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Published officially in the Telegraph Herald Newspaper the 10 day of June, 2011.
/s/Kevin S. Firnstahl, Acting City Clerk
Read first time: June 6, 2011
Read second time: June 6, 2011
Read third time: June 6, 2011
Passed and approved: June 6, 2011
U.S. 61 / 151 Capacity Improvements Project: City Manager recommending award of the
public improvement contract for the U.S. 61/151 Capacity Improvements Project to Tschiggfrie
Co., Inc., in the amount of $964,338.65. Motion by Jones to receive and file the documents
and adopt Resolution No. 190-11 Awarding public improvement contract for the US 61/151
Capacity Improvements Project, Iowa DOT Project No. STP-A-061-8(128) – 22-31. Seconded
by Connors. Responding to questions from City Council, City Engineer Gus Psihoyos stated
that the project should be completed fall of 2011. Motion carried 7-0.
RESOLUTION NO. 190-11
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE US 61/151 CAPACITY
IMPROVEMENTS PROJECT, IOWA DOT PROJECT NO. STP-A-061-8(128) – 22-31
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Whereas, sealed proposals have been submitted by contractors for the US 61/151 Capacity
Improvements Project, Iowa DOT Project No. STP-A-061-8(128) – 22-31 (the Project)
pursuant to Resolution No. 153-11 and Notice to Bidders published in a newspaper published
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in the City of Dubuque, Iowa on the 2 day of May, 2011; and
Whereas, said sealed proposals were opened and read by the Iowa Department of
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Transportation on the 17 day of May, 2011 and it has been determined that Tschiggfrie
Excavating Co. of Dubuque, IA, with a bid in the amount of $964,338.65, is the lowest
responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Tschiggfrie
Excavating Co., subject to the concurrence by Iowa Department of Transportation (Iowa DOT),
and the City Manager is hereby directed to execute a Public Improvement Contract on behalf
of the City of Dubuque for the Project.
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Passed, approved and adopted this 6 day of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Iowa Department of Transportation (IDOT): City Manager recommending approval of a
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request to the Iowa Department of Transportation (IDOT) to convert 9 and 11 Streets from
one-way to two-way traffic in the Historic Millwork District. Motion by Connors to receive and
file the documents and adopt Resolution No. 191-11 Requesting the Iowa Department of
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Transportation approve the conversion of 9 and 11 Streets to two-way traffic. Seconded by
Jones. Responding to questions from City Council, Assistant Economic Development Director
Aaron DeJong stated that the project affects the east side of Central Avenue and costs involve
changes to signals, turn lanes, and curbing. Motion carried 7-0.
RESOLUTION NO. 191-11
REQUESTING THE IOWA DEPARTMENT OF TRANSPORTATION APPROVE THE
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CONVERSION OF 9 AND 11 STREETS TO TWO-WAY TRAFFIC.
Whereas, on February 16, 2009, the City Council of the City of Dubuque, Iowa adopted the
Historic Millwork District Master Plan; and
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Whereas, The Master Plan recommends converting 9 and 11 Streets to two-way traffic;
and
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Whereas, converting 9 and 11 Streets will allow access to property currently owned by
the Iowa Department of Transportation; and
Whereas, he land owned by the Iowa Department of Transportation has been identified as
the desirable location for an intermodal transit facility; and
Whereas, the Iowa Department of Transportation has requested a formal request from the
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City of Dubuque to convert 9 and 11 Streets to two-way traffic.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Dubuque City Council requests the Iowa Department of Transportation
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to allow for the conversion of 9 and 11 Streets to two-way traffic.
Section 2. That the Dubuque City Council requests the Iowa Department of Transportation
to transfer ownership of property between Elm Street and US Highway 151/61 after the
modifications are made.
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Section 3. That the City Manager is authorized to take such actions as are necessary to
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accommodate the conversion of 9 and 11 Streets.
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Passed, approved and adopted this 6 day of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Towing Services – Amendment to Contract: City Manager recommending approval of a
request from Wenzel Towing for an increase in fees for the remainder of the contract period
related to the increase in fuel costs. Motion by Connors to receive and file the documents and
approve the recommendation. Seconded by Braig. Responding to questions from City Council,
Acting Police Chief Terry Tobin stated that the contract allows for all towing requested by the
City and that a citizen is responsible for the costs incurred for their vehicles. (Additional
information was shared during Public Input). Motion carried 7-0.
Catfish Creek Watershed Partnership – 28E Agreement: City Manager recommending
approval to enter into a 28E agreement for the Catfish Creek Watershed Partnership with
Dubuque County and the Dubuque Soil and Water Conservation District (DSWCD) for the
development of a Watershed Management Plan for the Catfish Creek Watershed Basin.
Communication from the Environmental Stewardship Advisory Commission.
Motion by Connors to receive and file the documents and adopt Resolution No. 192-11
Authorizing the execution of a 28E Agreement with Dubuque County and the Dubuque Soil
and Water Conservation District regarding the preparation and implementation of a watershed
management plan for the Catfish Creek Watershed Basin. Seconded by Braig. Motion carried
7-0.
RESOLUTION NO. 192-11
AUTHORIZING THE EXECUTION OF A 28E AGREEMENT WITH DUBUQUE COUNTY AND
THE DUBUQUE SOIL AND WATER CONSERVATION DISTRICT REGARDING THE
PREPARATION AND IMPLEMENTATION OF A WATERHSED MANAGEMENT PLAN FOR
THE CATFISH CREEK WATERSHED BASIN
Whereas, the City of Dubuque’s MS4 permit requires the preparation and implementation of
a watershed management plan for the Catfish Creek Watershed; and
Whereas, the Catfish Creek Watershed Basin extends beyond the City limits and the health
of the watershed is impacted by what occurs both inside and outside the City limits; and
Whereas, a partnership with Dubuque County and the Dubuque Soil and Water
Conservation District allows all parties access to data for a better understanding of the health
of the streams within the Catfish Creek Watershed Basin; and
Whereas, it is in the best interest of the City of Dubuque to enter into the agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The Mayor is hereby authorized to sign the 28E Agreement in the form attached hereto.
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Passed, approved and adopted this 6 day of June, 2011.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, Acting City Clerk
Fundraising Car Washes: City Manager transmitting information regarding fundraising car
washes within the City of Dubuque as it relates to stormwater management and the City’s
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National Pollution Discharge Elimination System (NPDES) municipal separate storm sewer
system (MS4) permit.
Communication from the Environmental Stewardship Advisory Commission.
Motion by Connors to receive and file the documents. Seconded by Braig. Resnick
expressed a recommendation for all car washes to use the sanitary sewer, biodegradable
soap, barrier and filtration equipment, and pre-fabricated kits. Motion carried 7-0.
Bee Branch Creek Restoration Project – Purchase of Property and Design Modifications:
City Manager recommending approval to begin the process of acquiring additional property for
the Bee Branch Creek Restoration Project and project design modifications. Motion by
Connors to receive and file the documents and approve the recommendation. Seconded by
Jones. Motion carried 7-0.
Greater Dubuque Development Corporation – Board Appointments: Communication from
Rick Dickinson, Greater Dubuque Development Corporation, requesting appointments to the
Greater Dubuque Development Corporation Board of Directors (currently Mayor Roy Buol, City
Manager Michael Van Milligen, Economic Development Director Dave Heiar and City Council
Members Joyce Connors and Kevin Lynch). Motion by Jones to receive and file the document
and re-appoint Mayor, Council Members Connors and Lynch, City Manager Van Milligen and
Economic Development Director Heiar. Seconded by Braig. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Braig reported on the upcoming HEART Program fund raising event at Monk’s Kaffee Pub
on June 12 from 1-5 p.m.
Jones encouraged residents to continue to patronize the businesses along Central Avenue
during the street reconstruction.
Connors asked staff to explore options for blocking off streets, which could potentially hurt
businesses during City projects.
PUBLIC INPUT
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Central Avenue business owners Heidi Koltes (Heidi’s Home Baked Goods, 27 & Central),
Aaron Fagan (Fagan’s Shoe Repair, 2327 Central), Bill Beauchamp (Tri-State Auto, 2403
Central) expressed their concerns over the decrease in business and parking difficulty since
the closing of Central Avenue for reconstruction. They stated that directional signage is
confusing and ineffective and requested assistance from the City. Tony Willis (Heidi’s Home
Baked Goods employee) and Mike Ansel, 2780 Central Avenue, spoke in support of the
business owners. Mr. Ansel informed the Council about a traffic ticket he received while trying
to maneuver through the construction area. Responding to questions from City Council, City
Manager Van Milligen and City Engineer Gus Psihoyos stated that additional options are being
considered to expedite the project and that they will speak with the affected property owners.
Billy Swinton, 1301 Main Street, inquired about a cap on fees for towed vehicles. Acting
Police Chief Terry Tobin responded by stating that a cap is not part of the City’s contract and
that arrangements for the payment of fees would be between the citizen and the towing
company and not the responsibility of the City adding that abandoned vehicles are auctioned
after 90 days.
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There being no further business, upon motion the City Council adjourned at 8:43 p.m.
/s/Kevin S. Firnstahl
Acting City Clerk
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