12 19 11 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:00 p.m. on December 19, 2011
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Pro -Tem Sutton, Council Members Braig, Connors, Jones, Lynch
Resnick; City Manager Van Milligen, City Attorney Lindahl. (joined at 5:07 p.m.)
Absent: Mayor Roy D. Buol
Mayor Pro -Tem Sutton read the call and stated that this is a special session of the
City Council called for the purpose of conducting a work session on the Modern
Roundabout - Implementation Plans & Public Outreach
WORK SESSION
The Modern Roundabout - Implementation Plans & Public Outreach
City Engineer Gus Psihoyos and provided background information on the topic of
roundabouts and stated that the City has been working with Ourston Roundabouts
Engineering, Inc., on the Southwest Arterial project. Staff members visited sites in other
states and has networked with other cities on the design and possible implementation of
roundabouts in Dubuque.
Mark Lenters, President of Ourston Roundabouts, provided a slide presentation that
included information on:
• Background on roundabouts
• Roundabout pros and cons
• Implementation strategy
• Modern roundabout — rotary, traffic circle, traffic calming circle, rotary
conversions, high- capacity modern roundabouts, yield control, circulatory
roadway, central island
• Crash /fatality study results for converted signalized and two -way stop
intersections
• Pedestrian and school features
• Americans with Disabilities Act (ADA) compliance
• Economic development and commercial concerns
• Photos and videos of sample sights, before /after conversion
• Aesthetics
• Pros and cons
• Implementation planning and strategy
• Measureable actions and area -wide education campaigns
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City Council discussion included the misperception of an adverse impact on adjacent
businesses, pedestrian assertiveness training, pedestrian safety components, repair
and maintenance, vehicle speed and distracted drivers, and construction costs
compared to signaled intersections.
There being no further business, upon motion the City Council adjourned at 6:02 p.m.
/s /Kevin S. Firnstahl
City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on December 19, 2011
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Pro -Tem Sutton, Council Members, Braig, Connors, Jones, Lynch
Resnick; City Manager Van Milligen, City Attorney Lindahl.
Absent: Mayor Roy D. Buol
Mayor Pro -Tem Sutton read the call and stated that this is a regular session of the
City Council called for the purpose of conducting such business that may properly come
before the Council.
Pledge of Allegiance
INVOCATION
Invocation was provided by Pastor John Sorenson of Lord of Life Lutheran Church.
SWEARING IN
Swearing In of Mayor Pro -Tem Ric Jones
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Jones. Motion carried 6 -0.
Minutes and Reports Submitted: Cable Community Teleprogramming Commission of
11/1, Library Board of Trustees of 10/27, City Council Proceedings of 12/5, Civic Center
Commission of 11/7, Environmental Stewardship Advisory Commission of 11/1, Historic
Preservation Commission of 11/17, Historic Preservation Commission Education Task
Force of 12/7, Long Range Planning Advisory Commission of 11/16, Safe Community
Advisory Committee of 9/14 and 11/9, Sister City Relationships Advisory Commission of
12/7, Zoning Advisory Commission of 12/7, Zoning Board of Adjustment of 11/17
Proofs of Publication for City Council Proceedings of 11/21 and List of Claims and
Summary of Revenues for the Month Ended 10/31/11. Upon motion the documents
were received and filed.
Notice of Claims and Suits: Katherine Creamer for personal injury. Upon motion the
documents were received, filed and referred to the City Attorney.
Disposition of Claims and Suits: City Attorney advising that the following claims have
been referred to Public Entity Risk Services of Iowa, the agent for the Iowa
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Communities Assurance Pool: Katherine Creamer for personal injury. Upon motion the
documents were received, filed and concurred.
Charitable Donation of Duplex at 346 and 348 West Locust Street: City Manager
recommending Council acceptance of the charitable donation of 346 -348 West Locust
Street, and authorize City staff to seek a qualified developer for the historic rehabilitation
of this property. Upon motion the documents were received and filed and Resolution
No. 419 -11 Accepting the deed to certain real estate in Dubuque County, Iowa, from
Lynn D. Lampe and Janet P. Schmitt was adopted.
RESOLUTION NO. 419-11
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY,
IOWA FROM LYNN E. LAMPE AND JANET P. SCHMITT
Whereas, Lynn E. Lampe and Janet P. Schmitt have offered to donate to the City of
Dubuque the following described real property in Dubuque County, Iowa:
Lot 5 of the Subdivision of Lots 10 and 11; the Southeasterly 26 feet 9 inches of Lot
12; the Northwesterly 23 feet 3 inches of Lot 12, and the Southeasterly 8 feet 3 inches
of Lot 13, in D. N. Cooley's Subdivision of Out Lots 667, 668 and 669 to Dubuque, in the
City of Dubuque, Iowa according to the recorded plats thereof; and
Whereas, the City Council finds that it is in the best interest of the City to accept such
gift from Lynn E. Lampe and Janet P. Schmitt.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
1. The City of Dubuque hereby accepts the Warranty Deed from Lynn E. Lampe and
Janet P. Schmitt attached hereto.
2. The City Clerk is hereby authorized and directed to record this Resolution and the
Warranty Deed with the Dubuque County Recorder.
Passed, approved and adopted this 19th day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Flynn Ready Mix - Certificate of Completion: City Manager recommending approval
of a Certificate of Completion for Flynn Ready -Mix Concrete Co. acknowledging
completion of their obligations to construct Minimum Improvements as stipulated in the
Development Agreement. Upon motion the documents were received, filed, and
approved.
Blanche Avenue Resurfacing Project: City Manager recommending acceptance of
the construction contract for the Blanche Avenue Resurfacing Project, as completed by
River City Paving, in the final contract amount of $39,967.19. Upon motion the
documents were received and filed and Resolution No. 420 -11 Accepting the Blanche
Avenue Resurfacing Project and authorizing the payment of the contract amount to the
contractor was adopted.
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RESOLUTION NO. 420-11
ACCEPTING THE BLANCHE AVENUE RESURFACING PROJECT AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE
CONTRACTOR
Whereas, the Public Improvement Contract for the Blanche Avenue Resurfacing
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
Street Construction — General and Sunset Ridge Reconstruction appropriation for the
contract amount of $39,967.19 less any retained percentage provided for therein as
provided in Iowa Code chapter 573, and to pay such retainage only in accordance with
the provisions of Iowa Code chapter 573.
Passed, approved and adopted this 19th day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE BLANCHE
AVENUE RESURFACING PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Blanche Avenue Resurfacing Project, that the Project has been
performed in compliance with the terms of the Public Improvement Contract, and that
the total cost of the completed work is $42,197.99.
Dated this 8th day of December, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 9th day of December, 2011.
Kevin S. Firnstahl, City Clerk
Final Plat - English Ridge Subdivision No. 2 Securities Extension: City Manager
recommending Council approval of the 180 -day extension for the developer to submit
the necessary securities for English Ridge No. 2. Upon motion the documents were
received and filed and Resolution No. 421 -11 Authorizing re- approval of the Final Plat of
English Ridge Subdivision No. 2 in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 421 -11
AUTHORIZING RE- 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
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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.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Resolution 188 -11 is hereby rescinded.
Section. 2 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 3. 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.
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Section 4. 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 5. 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 6. 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 completed in accordance with the approved improvement plans and City
standards and specifications and accepted by City Council Resolution.
Section 7. 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.
Passed, approved and adopted this day of 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
ACCEPTANCE OF RESOLUTION NO. 421-11
I, the undersigned, Larry McDermott, representing English Ridge, LLC., having read
the terms and conditions of the Resolution No. 421 -11 and being familiar with the
conditions thereof, hereby accept this same and agree to the conditions required
therein.
Dated in Dubuque, Iowa this 30th day of April, 2012.
/s /Larry McDermott
Fiscal Year 2013 Tax Increment Financing Annual Report: City Manager submitting
the Annual Tax Increment Financing (TIF) Report that has been filed with Dubuque
County Auditor Denise Dolan. Upon motion the documents were received and filed.
Fiscal Year 2012 Annual Action Plan Amendment 2: City Manager recommending
approval of the FY 2012 Annual Action Plan- Amendment 2 for the Community
Development Block Grant (CDBG) program and Homelessness Prevention and Rapid
Re- Housing Program as approved by the Community Development Advisory
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Commission. Upon motion the documents were received and filed and Resolution No.
422 -11 Approving Fiscal Year 2012 (Program Year 2011) Annual Action Plan
Amendment 2 for Community Development Block Grant (CDBG) and Homelessnesss
Prevention and Rapid Re- Housing Program (HPRP) funds was adopted.
RESOLUTION NO. 422-11
APPROVING FISCAL YEAR 2012 (PROGRAM YEAR 2011) ANNUAL ACTION PLAN
AMENDMENT 2 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND
HOMELESSNESSS PREVENTION AND RAPID RE- HOUSING PROGRAM (HPRP)
FUNDS.
Whereas, the City of Dubuque prepared and filed Annual Action Plans for Fiscal
Years 2011 and 2012; and
Whereas, the City of Dubuque now desires to amend said Annual Plans by
incorporating them into one amended FY 2012 Annual Plan as per the attached Exhibit
A; and
Whereas, said amendment is a substantial amendment as provided in the City's
Citizen Participation Plan and therefore must be approved by resolution of the City
Council after a public hearing by the Community Development Advisory Commission;
and
Whereas, the City advertised a 30 day public comment period beginning October 24,
2011; and
Whereas, the Community Development Advisory Commission reviewed the proposed
amendment at a public hearing on November 30,2011 and has voted to approve said
amendments and to recommend approval by the City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Annual Action Plans for Fiscal Years 2011 and 2012 are hereby
rescinded and the balance of funds from these plans are incorporated into a Fiscal Year
2012 (Program Year 2011) Annual Action Plan- Amendment 2, attached hereto as
Exhibit A.
Section 2. That said Fiscal Year 2012 (Program Year 2011) Annual Action Plan -
Amendment 2 attached hereto as Exhibit A is hereby approved.
Section 3. That the City Manager is hereby authorized and directed to submit a copy
of this resolution and Plan to the U.S. Department of Housing and Urban Development.
Passed, approved and adopted this 19th day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin Firnstahl, City Clerk
Human Rights Commission - Annual Report: City Manager transmitting the Fiscal
Year 2011 Human Rights Commission's Annual Report. Upon motion the document was
received and filed.
Mines of Spain - National Scenic Byways Grant: City Manager recommending
approval of the submission of an application to the Iowa Department of Transportation
for $500,000 in Fiscal Year 2012 National Scenic Byway grant funds for the Mines of
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Spain Land Acquisition Project. Upon motion the documents were received, filed, and
approved.
PEG Capital Expenditure Request: City Manager recommending approval of the
Cable TV Tele- Programming Commission recommendation for funding from the Public,
Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities
in the amount of $15,500 for the City of Dubuque to replace the playback server in the
CityChannel 8 TV Control Room. Upon motion the documents were received, filed, and
approved.
McGraw -Hill Company - Worker Adjustment and Retaining Notification (WARN): City
Manager submitting correspondence from Jody Willging, Human Resources
Representative for McGraw -Hill Education /Customer Operations, notifying the City of an
employee layoff under the Federal Worker Adjustment and Retraining Notification
(WARN) Act. Upon motion the document was received and filed.
Plat of Survey - Schmechel Place: Zoning Advisory Commission recommending
approval of the Play of Survey of Lot 1 of Schmechel Place (9000 Block of Old Military
Road) subject to waiving the lot frontage requirement for Lot 1. Upon motion the
documents were received and filed and Resolution No. 423 -11 Approving the Final Plat
of Survey of Lot 1 of Schmechel Place in the County of Dubuque, Iowa, was adopted.
RESOLUTION NO. 423 -11
APPROVING THE FINAL PLAT OF SURVEY OF LOT 1 OF SCHMECHEL PLACE IN
THE COUNTY OF DUBUQUE, IOWA.
Whereas, there has been filed with the City Clerk the Plat of Survey of Lot 1 of
Schmechel Place in the County of Dubuque, Iowa; and
Whereas, said Final Plat provides 0 feet of frontage for Lot 1 on a public street or an
approved private street, where 50 feet is required by Section 11 -14 of Title 16 of the
City of Dubuque Code of Ordinances, Unified Development Code; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory
Commission and had its approval endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find
that it conforms to the statues and ordinances relating to it.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11 -14 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow 0 feet of frontage on a public street or an
approved private street for Lot 1.
Section 2. That the Plat of Survey of Lot 1 of Schmechel Place 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.
Passed, approved and adopted this 19th day of December 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
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Prudential Insurance Company: City Manager recommending approval of the final
Tax Increment Financing (TIF) payment in the amount of $338,219.90 to Prudential
Insurance Company, as provided in the 1999 Development Agreement. Upon motion
the documents were received, filed, and approved.
Housing and Urban Development - Section 3 Plan: City Manager recommending
approval of the Section 3 Plan, which requires the City, as recipient of HUD funds, to
provide job training, employment, and construction contracting opportunities for low- or
very-low income residents in connection with HUD funded projects and activities. Upon
motion Resolution No. 424 -11 Approving a Section 3 Plan for the City of Dubuque,
Iowa, was adopted.
RESOLUTION NO. 424 -2011
APPROVING A SECTION 3 PLAN FOR THE CITY OF DUBUQUE, IOWA.
Whereas, the City of Dubuque is a recipient of Community Development Block Grant
and other federal funds through the U.S. Department of Housing and Urban
Development (HUD); and
Whereas, Section 3 is a provision of the Housing and Urban Development Act that
requires the City, as recipient of HUD funds, to provide job training, employment, and
construction contracting opportunities for low- or very-low income residents in
connection with certain HUD funded projects and activities; and
Whereas, said Section 3 Plan will apply to housing rehabilitation, housing
construction, or other public construction funded with HUD funds; and
Whereas, the Community Development Advisory Commission reviewed the proposed
Section 3 Plan on November 30, 2011 and has voted to approve said Plan and to
recommend approval by the City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Section 3 Plan hereto attached as Exhibit A is hereby approved.
Passed, approved and adopted this 19th day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin Firnstahl, Acting City Clerk
Civil Service Commission: Civil Service Commission submitting the certified lists for
the positions of Inspector 11 and Equipment Operator I. Upon motion the documents
were received, filed and made a Matter of Record.
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October 14, 2011
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Inspector II was administered as a take home test with a return date of June 17,
2011. We hereby certify that the individuals listed below have passed this written
examination and the vacancy for this position should be made from this list and that this
list is good for two (2) years from above date.
INSPECTOR II
1. Daniel Meneguin
2. Brian Gallagher
3. Jeffrey Zasada
4. Steven Gerardy
5. Patrick Kelleher
6. Mark Bradley
7. Kevin Hirsch
8. Joseph Schmitt
Respectfully submitted,
Daniel White
Jim Schilling,
Civil Service Commission
October 14, 2011
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Equipment Operator I was administered on September 28, 2011. We hereby certify
that the individuals listed below have passed this written examination and the vacancy
for this position should be made from this list and that this list is good for two (2) years
from above date.
Equipment Operator I
1. Mark Meyer
2. Gary Valentine
3. William Gansen
4. Luke Steger
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5. David Healey
6. Matt Cooper
7. Michael Conner
8. Chris Maiden
Respectfully submitted,
Daniel White
Jim Schilling,
Civil Service Commission
Airport Hazard Mitigation Grant Application: City Manager recommending approval of
a Hazard Mitigation Grant Program application to FEMA and the Iowa Homeland
Security & Emergency Management Agency for funding a "safe room" in the New
Terminal Facility at the Airport. Upon motion the documents were received and filed and
Resolution No. 425 -11 Hazard Mitigation Grant Program was adopted.
RESOLUTION NO 425 -11
HAZARD MITIGATION GRANT PROGRAM
Whereas, the City of Dubuque, Dubuque Regional Airport has made application
through the Iowa Homeland Security and Emergency Management Division (HSEMD)
to the Federal Emergency Management Agency (FEMA) for funding of the Hazard
Mitigation Grant Program in the amount of $1,145,350 for the total project cost , and;
Whereas, the City of Dubuque recognizes the fact that this grant is based on a cost
share basis with the federal share not exceeding 75 %, the state share not exceeding
10% and the local share being a minimum of 15% of the total project cost. The minimum
15% share can be either cash or in -kind match.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE:
The City of Dubuque agrees to provide and make available up to $172,000 of local
monies to be used to meet the minimum 15% match requirement for this mitigation
grant application.
Passed, approved and adopted this 19th day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Signed Contracts: A) Improvement contract with Tricon Construction for the City Hall
HVAC System Improvement Project; B) Contract with Ted Stackis Construction for the
deconstruction of 1502 Maple Street; C) Contract with Ted Stackis Construction for the
deconstruction of 2349 and 2350 Elm Street. Upon motion the documents were
received and filed.
Sustainable Dubuque Monthly Report: City Manager is transmitting the Sustainable
Dubuque project status update for November 2011. Upon motion the documents were
received and filed.
Lower Bee Branch Creek - Overlook Project: City Manager recommending rejecting
the current bids for the Bee Branch Creek Overlook Project to allow the evaluation of
potential changes prior to re- initiating the bidding process in early 2012. Upon motion
the documents were received and filed and Resolution No. 426 -11 Rejecting all
competitive bid proposals received for the Lower Bee Branch Creek Overlook Project
was adopted.
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RESOLUTION NO. 426 -11
REJECTING ALL COMPETITIVE BID PROPOSALS RECEIVED FOR THE LOWER
BEE BRANCH CREEK OVERLOOK PROJECT
Whereas, competitive sealed bid proposals have been submitted by contractors for
Lower Bee Branch Creek Overlook Project (the Project) pursuant to Resolution No. 372-
11 and Notice to Bidders published in a newspaper published in the City of Dubuque,
Iowa on the 11th day of November, 2011; and
Whereas, said competitive sealed bid proposals were opened and read on the 8th
day of December, 2011; and
Whereas, the City Council has deemed it advisable to reject all competitive sealed
bid proposals the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1.AII competitive sealed bid proposals for the Project are hereby rejected.
Section 2. The City Clerk is authorized and instructed to return the bid deposits of the
unsuccessful bidders for the Project.
Passed, approved and adopted this 19th day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Lower Bee Branch Creek - Floating Island Project: City Manager recommending
rejection of all bids for the construction of the Lower Bee Branch Creek Floating Island
Project and re- bidding the project at a later date. Upon motion the documents were
received and filed and Resolution No. 427 -11 Rejecting all competitive bids proposals
received for the Lower Bee Branch Creek Floating Island Project was adopted.
RESOLUTION NO. 427 -11
REJECTING ALL COMPETITIVE BID PROPOSALS RECEIVED FOR THE LOWER
BEE BRANCH CREEK FLOATING ISLAND PROJECT
Whereas, competitive sealed bid proposals have been submitted by contractors for
Lower Bee Branch Creek Floating Island Project (the Project) pursuant to Resolution
No. 371 -11 and Notice to Bidders published in a newspaper published in the City of
Dubuque, Iowa on the 11th day of November, 2011; and
Whereas, said competitive sealed bid proposals were opened and read on the 8th
day of December, 2011; and
Whereas, the City Council has deemed it advisable to reject all competitive sealed
bid proposals the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. All competitive sealed bid proposals for the Project are hereby rejected.
Section 2. The City Clerk is authorized and instructed to return the bid deposits of the
unsuccessful bidders for the Project.
Passed, approved and adopted this 19th day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
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Port of Dubuque Watermain Connection: City Manager recommending approval to
enter into a contract with Portzen Construction to extend the 12" watermain into the Port
of Dubuque at a cost of $130,000. Upon motion the documents were received, filed, and
approved.
SEP Green Alley Project Acceptance: City Manager recommending acceptance of
the improvements for the SEP Green Alley Project between White and Jackson Street
from 9th to 10th Street, as completed by Portzen Construction, Inc, in the final contract
amount of $127,155.99. Upon motion the documents were received and filed and
Resolution No. 428 -11 Accepting the SEP Green Alley Project, Between White &
Jackson Streets, from 9th to 10th Streets, and authorizing the payment of the contract
amount to the contractor was adopted.
RESOLUTION NO. 428-11
ACCEPTING THE SEP GREEN ALLEY PROJECT, BETWEEN WHITE & JACKSON
STREETS, FROM 9TH TO 10TH STREETS, AND AUTHORIZING THE PAYMENT OF
THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the SEP Green Alley Project, between
White & Jackson Streets, from 9th to 10th Streets, (the Project) has been completed and
the City Engineer has examined the work and filed a certificate stating that the Project
has been completed according to the terms of the Public Improvement Contract and
that the City Engineer recommends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
SEP Green Alleys appropriation for the contract amount of $127,155.99 less any
retained percentage provided for therein as provided in Iowa Code chapter 573, and to
pay such retainage only in accordance with the provisions of Iowa Code chapter 573.
Passed, approved and adopted this 19th day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE SEP GREEN
ALLEY PROJECT, BETWEEN WHITE & JACKSON STREETS, FROM 9TH TO 10TH
STREETS
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the SEP Green Alley Project, between White & Jackson Streets, from 9th
to 10th Streets, that the Project has been performed in compliance with the terms of the
Public Improvement Contract, and that the total cost of the completed work is
$128,679.62.
Dated this 15th day of December, 2011.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 15th day of December, 2011.
Kevin S. Firnstahl, City Clerk
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Tobacco Compliance - Civil Penalty for Tobacco License Holders: City Manager
recommending approval of the Acknowledgement /Settlement Agreements for a first
offense tobacco compliance violation for Kwik Stop, 4110 Dodge Street. Upon motion
the documents were received, filed, and approved.
Alcohol Compliance - Civil Penalty for Alcohol License Holders: City Manager
recommending approval of the Acknowledgement /Settlement Agreement for a first
offense alcohol compliance violation for Kwik Stop, 4110 Dodge Street. Upon motion
the documents were received, filed, and approved.
Liquor License Applications: City Manager recommending approval of annual liquor
license renewals as submitted. Upon motion the documents were received and filed and
Resolution No. 429 -11 Approving the issuance of a Class "C" Beer /Liquor License to
Bowling & Beyond, The Screaming Eagle, Cue Masters Billiards, The Moracco, Instant
Replay; a Class "B" Wine License to Puff n Stuff; and a Class "WBN" Native Wine
License to Hy -Vee Gas #2, Steve's Ace Home & Garden; and Resolution No. 430 -11
Approving the issuance of a Class "C" Beer Permit to Clark Gas Station, Puff n Stuff
were adopted.
RESOLUTION NO. 429 -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
Bowling & Beyond Dubuque Bowling & Beyond
+(Sunday /Outdoor Sale)
Kevin J. Stoffel The Screaming
Eagle +(Sunday /Outdoor Sale)
Cue Masters Billiards
+(Sunday Sale)
The Moracco +(Sunday Sale)
Instant Replay +(Sunday Sale)
CueMasters Billiards, LLC
The Moracco, Inc.
Pamela Barry Arensdorf
Molo Oil Company
Hy -Vee, Inc.
CLASS "B" WINE
Puff n Snuff
CLASS "WBN" NATIVE WINE
Hy -Vee Gas # 2
15
1860 Hawthorne St.
2600 Central Ave.
900 Central Ave.
1413 Rockdale Rd.
1602 Central Ave.
1101 Rhomberg Ave.
2435 NW Arterial
Steve's Ace Hardware, Inc. Steve's Ace Home & Garden 3350 JFK Rd.
Passed, approved and adopted this 19th day of December, 2011
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 430 -11
Whereas, applications for Beer Permits have been submitted and filed to this Council
for approval and the same have been examined and approved: and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and have filed proper bonds.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the Manager be authorized to cause to be issued the following named
applicants a Beer Permit.
CLASS "C" BEER PERMIT
Clark Petroleum, Inc. Clark Gas Station +(Sunday Sale) 700 Rhomberg Ave.
Molo Oil Company Puff n Snuff +(Sunday Sale) 1101 Rhomberg Ave.
Passed, approved and adopted this 19th day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, 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 Connors. Motion carried 6 -0.
White Water Creek Bridge - Nomination for Landmark Status: Historic Preservation
Commission requesting that a proposed ordinance Amending Title 16 Chapter 10
(Historic Preservation) of the City of Dubuque Code of Ordinances, Unified
Development Code, by adding a new Section 16- 10- 7(B)(10) Designating the White
Water Creek Bridge as a Landmark and supporting documentation be forwarded to the
State Historic Preservation Office and that a public hearing be set for February 6, 2012
to consider the landmark status of the White Water Creek Bridge. Upon motion the
documents were received and filed and Resolution No. 431 -11 Setting the date for a
public hearing on an ordinance designating the White Water Creek Bridge as a City
landmark was adopted setting a public hearing for a meeting to commence at 6:30 p.m.
on February 6, 2012 in the Historic Federal Building.
RESOLUTION NO. 431 -11
SETTING THE DATE FOR A PUBLIC HEARING ON AN ORDINANCE DESIGNATING
THE WHITE WATER CREEK BRIDGE AS A CITY LANDMARK
Whereas, the Historic Preservation Commission has recommended an amendment
to Title 16 Chapter 10 (Historic Preservation) of the City of Dubuque Code of
Ordinances designating the White Water Creek Bridge as a landmark; and
16
Whereas, the City of Dubuque Code of Ordinances requires that the City Council
shall conduct a public hearing on the ordinance establishing a proposed landmark not
less than 30 days of submitting the ordinance to the State Historic Preservation Office
for its review and recommendation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to forward the proposed
nomination and ordinance establishing the Historic White Water Creek Bridge as a
landmark to the State Historic Preservation Office for its review and recommendation.
Section 2. The City Clerk is further authorized and directed to cause a notice to be
published as prescribed by 16- 10 -6(G) of the City of Dubuque Code of Ordinances of a
public hearing on the city's consideration of a nomination and proposed ordinance to
designate the Historic White Water Creek Bridge as a landmark, to be held on the 6th of
February, 2012, at 6:30 o'clock p.m. in the City Council Chambers at the Historic
Federal Building, 350 W. 6th Street, Dubuque, Iowa.
Section 3. The City Council will meet at said time and place for the purposes of
conducting a public hearing and taking action on the nomination and proposed
ordinance to designate the Historic White Water Creek Bridge as a landmark.
Passed, approved and adopted this 19th day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Green Alley Permeable Pavers Project - 17th to 18th Streets: City Manager
recommending initiation of the public bidding procedure for the Green Alley Permeable
Pavers Project (17th - 18th, between Jackson & Washington Streets), and further
recommends that a public hearing be set for January 3, 2012. Upon motion the
documents were received and filed and Resolution No. 432 -11 Preliminary approval of
plans, specifications, form of contract, and estimated cost; setting date of public hearing
on plans, specifications, form of contract, and estimated cost; and ordering the
advertisement for bids (Green Alley Permeable Pavers Project - 17th - 18th, between
Jackson and Washington Streets); Resolution No. 433 -11 Approving the Plat, Schedule
of Assessments and estimate of total cost and setting date of public hearing on
Resolution of Necessity; and Resolution No. 434 -11 Resolution of Necessity for the
Green Alley Permeable Pavers Project (17th — 18th, between Jackson & Washington
Streets) were adopted setting a public hearing for a meeting to commence at 6:30 p.m.
on January 3, 2012 in the Historic Federal Building.
RESOLUTION NO. 432-11
GREEN ALLEY PERMEABLE PAVERS PROJECT (17th — 18th,
BETWEEN JACKSON AND WASHINGTON STREETS)
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS,
SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND
ORDERING THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
17
The proposed plans, specifications, form of contract and estimated cost for the Green
Alley Permeable Pavers Project (17th — 18th, between Jackson and Washington
Streets), in the estimated amount $185,242.17, are hereby preliminarily approved and
ordered filed in the office of the City Clerk for public inspection.
A public hearing will be held on the 3rd day of January, 2012, at 6:30 p.m. in the
Historic Federal Building Council Chambers at which time interested persons may
appear and be heard for or against the proposed plans and specifications, form of
contract and estimated cost of said Project, and the City Clerk be and is hereby directed
to cause the attached notice of the time and place of such hearing to be published in a
newspaper having general circulation in the City of Dubuque, Iowa, which notice shall
be published not less than four days nor more than twenty days prior to the date of such
hearing. At the hearing, any interested person may appear and file objections to the
proposed plans, specifications, form of contract, or estimated cost of the Project.
The Green Alley Permeable Pavers Project (17th — 18th, between Jackson and
Washington Streets) is hereby ordered to be advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be
published in a newspaper having general circulation in the City of Dubuque, Iowa, which
notice shall be published not less than four but not more than forty -five days before the
date for filing bids before 2:00 p.m. on the 19th day of January, 2012. Bids shall be
opened and read by the City Clerk at said time and will be submitted to the City Council
for final action at 6:30 p.m. on the 6th day of February, 2012, in the Historic Federal
Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 19th day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 433 -11
GREEN ALLEY PERMEABLE PAVERS PROJECT (17TH — 18TH, BETWEEN
JACKSON & WASHINGTON STREETS)
APPROVING THE PLAT, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF
TOTAL COST AND SETTING DATE OF PUBLIC HEARING ON RESOLUTION OF
NECESSITY
Whereas, the proposed Resolution of Necessity for the Project has been introduced
for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The attached plat, schedule of assessments, and estimate of total cost for the Green
Alley Permeable Pavers Project (17th — 18th, between Jackson & Washington Streets)
and the proposed Resolution of Necessity are hereby approved and ordered placed on
file in the Office of the City Clerk.
The City Council will meet on the 3rd day of January, 2012, at 6:30 p.m. at the
Historic Federal Building Council Chambers (second floor), 350 West 6th Street,
Dubuque, Iowa, at which time the owners of property subject to assessment for the
18
proposed improvement or any other person having an interest in the matter may appear
and be heard for or against the making of the improvement, the boundaries of the
district, the cost, the assessment against any lot, or the final adoption of a resolution of
necessity.
A property owner will be deemed to have waived all objections unless at the time of
hearing the property owner has filed objections with the City Clerk.
The City Clerk be and is hereby authorized and directed to cause the attached notice
of the time and place of such hearing to be published in a newspaper having general
circulation in the City of Dubuque, Iowa, which notice shall be published once each
week for two consecutive weeks, the first publication of which shall be not less than ten
days prior to the day fixed for its consideration.
Passed, approved and adopted this 19th day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
SCHEDULE OF ASSESSMENTS
ALLEY BETWEEN JACKSON AND WASHINGTON STREETS FROM 17TH to 18TH
PRELIMINARY SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS
DATE: JULY 12, 2011
The following schedule is hereby determined to show each lot proposed to be
assessed for the improvement shown in the title together with the amount proposed to
be assessed against each lot and the valuations shown opposite each lot are hereby
fixed as the true valuations of such lots by the City Council of the City of Dubuque.
PROPERTY OWNER NAME, LOT DESCRIPTION, PARCEL NUMBER, MAILING
ADDRESS, STREET ADDRESS, NET ASSESSED VALUATION , VALUATION WITH
IMPROVEMENT, NET PAVING IMPROVEMENT COST, NET PAVING
IMPROVEMENT DEFICIENCY, TOTAL PUBLIC IMPROVEMENT COST, WATER
SERVICE PRIVATE LATERAL COST, TOTAL NET ASSESSMENT
Vorwald, Jean M., S 31'02" LOT 36 EAST DUBUQUE ADD, 10 -24- 263 -009, 1710
Jackson St., 1710 Jackson St., $85,000.00, $85,877.17, $877.17, $0.00, $877.17, ,
$877.17
Vorwald, Jean M., S1/2 OF LOT 35 & N 20' OF LOT 36 EAST DUBUQUE ADD Legal
1720 -1722, 10 -24- 263 -008, 1720 Jackson St., 1720 Jackson St., $51,100.00,
$52,382.02, $1,282.02, $0.00, $1,282.02, $0.00, $1,282.02
Hagensten, Joseph G., N1/2 LOT 35 EAST DUBUQUE ADD, 10 -24- 263 -007, 1732
Jackson St., 1732 Jackson St., $35,500.00, $36,219.73, $719.73, $0.00, $719.73,
$0.00, $719.73
Mihalakis, Elizabeth A. & Michael M., S1/2 LOT 34 EAST DUBUQUE ADD, 10 -24-
263 -006, 1756 Jackson St., 1756 Jackson St., $60,300.00, $61,019.73, $719.73, $0.00,
$719.73, $0.00, $719.73
Mihalakis, Elizabeth A. & Michael M., N1/2 LOT 34 EAST DUBUQUE ADD, 10 -24-
263 -005, 1760 Jackson St., 1760 Jackson St., $47,600.00, $48,319.73, $719.73, $0.00,
$719.73, $0.00, $719.73
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Pluym, Ronald D., S1/2 LOT 33 EAST DUBUQUE ADD, 10 -24- 263 -004, 1616
Lincoln Ave., 1768 Jackson St., $45,500.00, $46,219.73, $719.73, $0.00, $719.73,
$0.00, $719.73
Wiemerslage, Annette, N1/2 LOT 33 EAST DUBUQUE ADD, 10 -24- 263 -003, 1776
Jackson St., 1776 Jackson St., $48,100.00, $48,819.73, $719.73, $0.00, $719.73,
$0.00, $719.73
Nicolalde, Daisy Y., S1/2 LOT 32 EAST DUBUQUE ADD, 10 -24- 263 -002, 2525 Date
St. #602, 1786 Jackson St., $16,500.00, $18,370.88, $719.73, $0.00, $719.73,
$1,151.15, $1,870.88
Crippes, Mary M., N1/2 OF LOT 32 EAST DUBUQUE ADD, 10 -24- 263 -001, 1796
Jackson St., 1796 Jackson St., $38,100.00, $39,970.88, $719.73, $0.00, $719.73,
$1,151.15, $1,870.88
Knockel, Frank & Rachel, LOT 87 EAST DUBUQUE ADD, 10 -24- 263 -023, 1715
Washington St., 1715 Washington St., $58,000.00, $59,439.46, $1,439.46, $0.00,
$1,439.46, $0.00, $1,439.46
Trausch, Forrest R., LOT 1 -1 -88 EAST DUBUQUE ADD, 10 -24- 263 -022, P.O. Box 4,
1725 Washington St., $33,500.00, $35,141.49, $490.34, $0.00, $490.34, $1,151.15,
$1,641.49
Trausch, Forrest R., LOT - 2 -1 -88 EAST DUBUQUE ADD, 10 -24- 263 -021, P.O. Box
4, 1731 Washington St., $32,500.00, $32,939.15, $439.15, $0.00, $439.15, $0.00,
$439.15
Trausch, Forrest R., LOT 2 -88 EAST DUBUQUE ADD, 10 -24- 263 -020, P.O. Box 4,
1737 Washington St., $32,000.00, $33,657.21, $506.06, $0.00, $506.06, $1,151.15,
$1,657.21
Wagner, Sharon M., EAST DUBUQUE ADD S. 23' 7" - S. 1/2 LOT 89, 10- 24 -263-
019, 1741 Washington St., 1741 Washington St., $38,200.00, $38,862.94, $662.94,
$0.00, $662.94, $0.00, $662.94
City of Dubuque, N 2' S1/2 OF 89 & N1/2 OF LOT 89 EAST DUBUQUE ADD, 10 -24-
263 -018, 50 W. 13th Street, 1753 Washington St., $42,300.00, $43,075.96, $775.96,
$0.00, $775.96, $0.00, $775.96
Clark, Keith Karlton, W1/2 OF LOT 90 & W1/2 OF LOT 91 EAST DUBUQUE ADD,
10 -24- 263 -010, 206 East 18th , 260 East 18th St., $76,400.00, $79,278.91, $2,878.91,
$0.00, $2,878.91, $0.00, $2,878.91
RESOLUTION NO. 434 -11
RESOLUTION OF NECESSITY FOR THE GREEN ALLEY PERMEABLE PAVERS
PROJECT (17TH — 18TH, BETWEEN JACKSON & WASHINGTON STREETS)
Whereas, the plat, schedule of assessments, and estimate of total cost for the Green
Alley Permeable Pavers Project (17th — 18th, between Jackson & Washington Streets)
have been duly prepared and approved by the City Council of the City of Dubuque and
ordered placed on file in the office of City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
— Reconstruction of the pavement surface with interlocking concrete pavers.
— Watermain reconstruction.
— Replacement of four (4) lead water services with copper.
20
— Replacement of the brick sanitary manholes in the alley and on 17th 18th Streets
with new concrete manholes.
There is on file in the office of the City Clerk an estimated total cost of the work, and
a preliminary plat and schedule showing the amount proposed to be assessed to each
lot for the improvement.
The date, time, and place the council will hear property owners subject to the
assessment and interested parties for or against the improvement, its cost, the
assessment, or the boundaries of the district:
The City Council deems it advisable and necessary for the public welfare to make the
herein mentioned improvements.
Unless a property owner files objections with the City Clerk at the time of hearing on
the resolution of necessity, the property owner is deemed to have waived all objections
pertaining to the regularity of the proceeding and the legality of using the special
assessment procedure.
Said improvements shall be constructed in accordance with the plans and
specifications which have been approved by the City Council and are now on file in the
Office of the City Clerk. The cost of making such improvement will be assessed against
property lying with the assessment limits.
The above resolution was introduced, approved and ordered placed on file with the
City Clerk this 19th day of December, 2012.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Senator Harkin - Historic Federal Building Lease Renewal: City Manager
recommending that a public hearing be set for January 3, 2012, on a nine -year lease
extension with Senator Harkin for office space in the Historic Federal Building. Upon
motion the documents were received and filed and Resolution No. 435 -11 Resolution of
Intent to dispose of an interest in real property owned by the City of Dubuque by lease
between the City of Dubuque, Iowa and the Federal Government on behalf of Senator
Harkin was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
January 3, 2012 in the Historic Federal Building.
RESOLUTION NO. 435-11
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE
CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND
THE FEDERAL GOVERNMENT ON BEHALF OF SENATOR HARKIN
Whereas, the City of Dubuque, Iowa (City) owns the real property described as the
Historic Federal Building, located at 350 West 6th Street in the City of Dubuque, Iowa;
and
Whereas, City and the Federal Government have negotiated a Lease Agreement for
space in the Historic Federal Building, a copy of which Lease Agreement is on file at the
office of the City Clerk, City Hall, 13th 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:
21
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing -
described real property by Lease Agreement between City and the Federal
Government.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution
and a notice to be published as prescribed by Iowa Code Section 364.7 of a public
hearing on the City's intent to dispose of the foregoing- described real property, to be
held on the 3rd day of January, 2012, at 6:30 o'clock p.m. at the Historic Federal
Building, Council Chambers, 350 W. 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 19th day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin Firnstahl, City Clerk
A.Y. McDonald State Assistance - Application Amendment: City Manager
recommending that a public hearing be set for January 3, 2012 to modify the application
for financial assistance submitted to the Iowa Economic Development Authority on
behalf of A.Y. McDonald. Upon motion the documents were received and filed and
Resolution No. 436 -11 Fixing the date for a public hearing of the city council of the City
of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue
Obligations and the execution of a development agreement relating thereto with A.Y.
McDonald Mfg. Co., and providing for the publication of notice thereof was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on January 3, 2012 in
the Historic Federal Building.
RESOLUTION NO. 436 -11
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX
INCREMENT REVENUE OBLIGATIONS AND THE EXECUTION OF A
DEVELOPMENT AGREEMENT RELATING THERETO WITH A.Y. MCDONALD MFG
CO., AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, City and A. Y. McDonald Mfg., Co. have entered into a Development
Agreement, subject to the approval of the City Council, a copy of which is now on file at
the Office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa; and
Whereas, the City Council has tentatively determined that it would be in the best
interests of the City to approve the Development Agreement, with A.Y. McDonald; and
Whereas, it is deemed necessary and advisable that City should authorize Urban
Renewal Tax Increment obligations, as provided by Chapter 403 of the Code of Iowa,
and to enter into the Development Agreement relating thereto for the purpose of
carrying out an Urban Renewal Plan as hereinafter described; and
Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of the proposal and of the time and place of
the meeting at which the City Council proposes to take action thereon and at which
meeting the City Council shall receive oral and /or written objections from any resident or
property owner of said City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
22
Section 1. The City Clerk is hereby authorized and directed to cause this Resolution
and a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing
on the City's intent authorize Urban Renewal Tax Increment Revenue obligations, to be
held on the 3rd day of January, 2012, at 6:30 o'clock p.m. in the City Council Chambers at
the Historic Federal Building, 350 W. 6th St., Dubuque, Iowa.
Section 2. The City Council will meet at said time and place for the purpose of taking
action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations
and the execution of the Development Agreement relating thereto with A.Y. McDonald
Mfg Co., the proceeds of which obligations will be used to carry out certain of the
special financing activities described in the Urban Renewal Plan for the Dubuque
Industrial Center Economic Development District, consisting of the funding of economic
developments grants to A.Y. McDonald Mfg. Co. pursuant to the Development
Agreement under the terms and conditions of said Urban Renewal Plan. It is expected
that the aggregate amount of the Tax Increment Revenue obligations is approximately
$92,898.
Section 3. The Clerk is hereby directed to cause at least one publication to be made
of a notice of said meeting, in a newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation in said City, said
publication to be not less than four days nor more than twenty days before the date of
said meeting on the issuance of said obligations.
Section 4. That the notice of the proposed action to issue said obligations shall be in
substantially the form attached hereto.
Passed, approved and adopted this 19h day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
BOARDS /COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards /Commissions; applicant appointments will be made at the next City
Council meeting.
Housing Code Appeals Board: One 3 -year term through January 11, 2015 (Expiring
term of Miller). Applicant: Fred Miller, 2462 Central Avenue.
Investment Oversight Advisory Commission: One 3 -year term through July 1, 2012
(Vacant term of Melendez). Applicant: Ashlie Simonson, 44 S. Algona Street
Appointments to the following Commissions:
Human Rights Commission: Three 3 -year terms through January 1, 2015 (Expiring
terms of Allen, Hansen and Stewart). Applicants: Anthony Allen, 1725 1/2 Delhi Street;
Kurt Hansen, 511 Nocturnal Lane (Additional Applicant); R.R.S. Stewart, 460 Summit
Street. Motion by Lynch to appoint Anthony Allen, Kurt Hansen and R.R.S. Stewart to
the Human Rights Commission for 3 -year terms through January 1, 2015. Seconded by
Resnick. Motion carried 6 -0.
Mediacom Charitable Foundation: Two 1 -year terms through December 31, 2012
(Expiring terms of Chavenelle and Twining). Applicants: Gail Chavenelle, 1155 Kelly
Lane; Connie Twinning, 421 N. Booth Street. Motion by Lynch to appoint Gail
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Chavenelle and Connie Twining to the Mediacom Charitable Foundation for 1 -year
terms through December 31, 2012. Seconded by Resnick. Motion carried 6 -0.
PUBLIC HEARINGS
Request to Amend Planned Unit Development - Asbury Plaza (Tabled from
November 21, 2011): Proof of publication on notice of public hearing to consider a
request by O'Connor & Thomas, P.C., Asbury Dubuque, LC, and Richardson
Investments, LLC to amend the Asbury Plaza Planned Unit Development to allow for a
right -in /right -out access to the Northwest Arterial and to amend the list of permitted
uses, height and sign regulations and the Zoning Advisory Commission recommending
approval.
City Manager recommending additional amendments to the Asbury Plaza Planned
Unit Development.
Correspondence from O'Connor & Thomas on behalf of the developers requesting
that the request to amend the Planned Unit Development for Asbury Plaza be tabled to
January 17, 2012.
Motion by Connors to remove from the table. Seconded by Lynch. Motion carried 6 -0.
Motion by Connors to table until January 17, 2012. Seconded by Braig. Motion
carried 6 -0.
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Request to Rezone - 2763 University Avenue: Proof of Publication on notice of public
hearing to consider rezoning property located at 2763 University Avenue as requested
by Julie Hammel and Tom and Dave Kluck to permit a 72- foot -wide common building,
60 -foot maximum width approved on the existing conceptual plan and the Zoning
Advisory Commission recommending approval. Motion by Jones to receive and file the
documents and that the requirement that a proposed ordinance be considered and
voted on for passage at two Council meetings prior to the meeting at which it is to be
passed be suspended. Seconded by Braig. Assistant Planner Kyle Kritz provided a staff
report. Zoning Advisory Commission Chairperson Charlie Harris responded to questions
from City Council. Developer Tom Kluck, 2499 LaVista Street, stated that this
represents the final changes to the request. Motion carried 6 -0.
Motion by Lynch for final consideration and passage of Ordinance No. 53 -11
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by Rescinding Ordinances 36 -09 And 41 -11, Which Established Regulations for a
Planned Unit Development with a Planned Residential Designation, Located North of
the University Avenue and Ethel Street Intersection, and Now Being Amended to Allow
Adding Decks to the Common Building. Seconded by Jones. Motion carried 6 -0.
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OFFICIAL PUBLICATION
ORDINANCE NO. 53 -11
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES,
UNIFIED DEVELOPMENT CODE, BY RESCINDING ORDINANCES 36 -09 AND 41 -11,
WHICH ESTABLISHED REGULATIONS FOR A PLANNED UNIT DEVELOPMENT
WITH A PLANNED RESIDENTIAL DESIGNATION, LOCATED NORTH OF THE
UNIVERSITY AVENUE AND ETHEL STREET INTERSECTION, AND NOW BEING
AMENDED TO ALLOW ADDING DECKS TO THE COMMON BUILDING.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances, Unified Development Code, is hereby amended by rescinding Ordinances
36 -09 and 41 -11, which established regulations for a Planned Unit Development with a
PR Planned Residential District, and now being amended to allow adding decks to the
common building for the following described property, to wit: Lot 28 and Lot 29 Lenox
Addition and Lot 1 of 1 of 2 Bonson Farm, and to the centerline of the adjoining public
right -of -way, all in the City of Dubuque, Iowa.
A. Use Regulations.
The following regulations shall apply to all uses made of land in the
above - described PR Planned Residential District:
1. Principal permitted uses shall be limited to 51 housing dwelling
units.
2. No secondary or contingency uses shall be permitted.
3. Accessory uses shall include any use customarily incidental and
subordinate to the principal use it serves.
B. Lot and Bulk Regulations.
Development of land in the PR Planned Residential District shall be
regulated as follows:
1. Proposed buildings shall be located in substantial conformance
with the approved conceptual development plan dated June 27,
2011.
2. Building #1 must be set back a minimum of 80 feet from the east
side property line and 30 feet from the west side property line.
3. Maximum building height of 50 feet shall be allowed as measured
from the first floor elevation to mid point of the peak of the roof.
4. The common building shall be set back a minimum of 20 feet from
the north property with a maximum of 72 feet of building width and
36 feet of building depth.
C. Performance Standards
The development and maintenance of uses in this PR Planned
Residential District shall be regulated as follows:
1. Parking Regulations
a. Off - street parking shall be provided based on the approved
conceptual plan with 32 spaces provided on surface lots and
56 spaces in underground parking.
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b. All vehicle - related features shall be surfaced with either
asphalt or concrete.
c. Curbing and proper surface drainage of storm water shall be
provided.
d. All parking and loading spaces shall be delineated on the
surfacing material by painted stripes or other permanent
means.
e. The number, size and design of parking spaces shall be
governed by applicable provisions of City of Dubuque
Ordinances enforced at the time of development of the lot.
f. The number, size, design, and location of parking spaces
designated for persons with disabilities shall be according to
the local, state, or federal requirements in effect at the time
of development.
2. Site Lighting
a. Exterior illumination of site features shall be limited to the
illumination of the following:
i. Parking areas, driveways and loading facilities.
ii. Pedestrian walkway surfaces and entrances to
building.
iii. Building exterior.
b. Location and Design
i. No light source shall provide illumination onto adjacent
lots, buildings or streets in excess of 1.0 foot candle.
ii. All exterior lighting luminaries shall be designed and
installed to shield light from the luminaries at angles
above 72- degrees from vertical.
iii. Fixtures mounted on a building shall not be positioned
higher than the roofline of the building.
iv. All electrical service lines to posts and fixtures shall be
underground and concealed inside the posts.
3. Landscaping
a. Plant Materials. The open space of each lot shall be planted
with permanent lawn and ground covers, shrubs and trees. It
is the intent of these regulations that the development of
required open spaces shall reflect a high quality of
environmental design. The following provisions shall apply.
i. Landscape plans are required as part of submittals for
site plan review. Landscape plans are to include type,
number and size of proposed plantings. Landscaping
shall be designed in compliance with Section 4 -4 of
the Zoning Ordinance.
ii. Within one (1) year following completion of
construction, or by the date that a building is issued an
occupancy certificate by the Building Services
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Department of the City of Dubuque, whichever first
occurs, required landscaping shall be installed.
iii. The proposed clubhouse building with three (3)
residential units on the second floor shall be screened
on the north side with hemlock evergreen trees a
minimum of six (6) feet at planting and spaced eight
(8) feet apart, and the west side shall consist of three
(3) deciduous trees of 2.5" caliper at planting with
location and species to be coordinated with Planning
Services.
4. Storm Water Conveyance
The developer shall be responsible for providing surface or
subsurface conveyance(s) of storm water from the lot to existing
storm sewers or to flow line of open drainageways outside the lot
in a means that is satisfactory to the City of Dubuque. Other
applicable regulations enforced by the City of Dubuque relative to
storm water management and drainage shall apply to the subject
property.
5. Exterior Trash Collection Areas
a. The storage of trash and debris shall be limited to that
produced by the principal permitted use and accessory uses
of the lot.
b. All exterior trash collection areas and the materials
contained therein shall be visually screened from view. The
screening shall be completely opaque fence, wall or other
feature not exceeding a height of 10 feet measured from the
ground level outside the line of the screen. Screens built on
sloping grades shall be stepped so that their top line shall be
horizontal. Exposed materials used to construct the opaque
screen shall be similar in appearance to materials used for
exterior building walls. All exterior entrances to a screened
trash area shall be provided with a gate or door of similar
design to that of the screen.
If a 10 -foot high screen fails to shield the exterior trash
collection area from view from points inside or outside of the
property, evergreen plantings may be required in addition to
the screening. Evergreen plant materials shall be selected
and designed so that they will screen the area from all off -site
visibility within five (5) years.
6. Final site development plans shall be submitted in accordance
with Section 4 -4 of the Zoning Ordinance prior to construction of
any buildings.
D. Open Space and Recreation Areas
Open space and landscaping in the PR Planned Residential District
shall be regulated as follows. Those areas not designated on the
conceptual development plan shall be maintained as open space, as
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defined by Section 8 of the Zoning Ordinance of the City of Dubuque,
Iowa, by the property owner and /or association.
E. Sign Regulations
1. Signs in the Planned Residential District shall be regulated in
accordance with the R -4 Multi - Family Residential Zoning District
sign regulations of the Zoning Ordinance.
2. Variance requests from sign requirements for size, number and
height shall be reviewed by the Zoning Board of Adjustment in
accordance with Section 5 -3 of the Zoning Ordinance.
F. Other Codes and Regulations
1. Service Lines. All electric, telephone, cable, or other similar utility
lines serving the building and other site features shall be located
underground.
2. The use of semi - trailers and shipping containers for storage is
prohibited.
3. These regulations do not relieve the owner from other applicable
city, county, state or federal codes, regulations, laws and other
controls relative to the planning, construction, operation and
management of property within the city of Dubuque.
G. Transfer of Ownership
Transfer of ownership or lease of property in this PR Planned
Residential District shall include the transfer or lease agreement a
provision that the purchaser or lessee acknowledges awareness of the
conditions authorizing the establishment of the district.
H. Occupancy Permits
No occupancy permit shall be issued by the City of Dubuque for
property included in the subject planned unit development district until
full compliance with this ordinance has been achieved.
I. Recording
A copy of this Ordinance shall be recorded at the expense of the
property owner(s) with the Dubuque county recorder as a permanent
record of the conditions accepted as part of this reclassification
approval. This ordinance shall be binding upon the undersigned and
his /her heirs, successors and assigns.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. The foregoing amendment shall take effect upon publication, as
provided by law.
Passed, approved and adopted thisl9th day of December, 2011.
/s /Lynn Sutton, Mayor Pro -Tem
Attest: /s /Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald Newspaper the 23rd day of December 2011.
/s /Kevin S. Firnstahl, City Clerk
Request to Amend PUD - 2175 Holliday Drive: Proof of Publication on notice of public
hearing to consider a request by Green Acres Storage, LLC to amend the existing PC
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Planned Commercial District for property located at 2175 Holliday Drive to allow mini -
storage as a permitted use and increase building height to 45 feet and the Zoning
Advisory Commission recommending approval. Motion by Connors to receive and file
the documents and that the requirement that a proposed ordinance be considered and
voted on for passage at two Council meetings prior to the meeting at which it is to be
passed be suspended. Seconded by Jones. Developer Seth Green, 5315 J Street,
Cedar Rapids, spoke in support of the proposed ordinance and responded to questions
from City Council. Attorney Craig Remke, 700 Locust Street, spoke in opposition to the
proposed ordinance on behalf of Rockford Industrial Supply, which owns adjacent
property. Motion carried 6 -0.
Motion by Connors for final consideration and passage of Ordinance No. 54 -11
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by rescinding Ordinances 15 -99 and 03 -02, which established regulations for a
Planned Unit Development with a Planned Commercial Designation, located at the
southwest corner of the Northwest Arterial and Asbury Road and adopting a revised
ordinance allowing Mini - Warehousing as a Permitted Use and amending the maximum
building height. Seconded by Braig. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 54 -11
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES,
UNIFIED DEVELOPMENT CODE, BY RESCINDING ORDINANCES 15 -99 AND 03 -02,
WHICH ESTABLISHED REGULATIONS FOR A PLANNED UNIT DEVELOPMENT
WITH A PLANNED COMMERCIAL DESIGNATION, LOCATED AT THE SOUTHWEST
CORNER OF THE NORTHWEST ARTERIAL AND ASBURY ROAD AND ADOPTING
A REVISED ORDINANCE ALLOWING MINI - WAREHOUSING AS A PERMITTED USE
AND AMENDING THE MAXIMUM BUILDING HEIGHT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, is hereby amended by rescinding Ordinances 15 -99 and 03 -02
which established regulations for the existing Planned Unit Development and now being
revised to allow mini - warehousing as a permitted use and amending the maximum
building height.
Lot 2 and Lot 3 of Holliday Addition and Lot 1, Lot 1 of 2, and Lot 2 of 2 Holliday
2nd Addition, and to the centerline of the adjoining public right -of -way, all in the City
of Dubuque, Iowa.
A. Use Regulations
The following regulations shall apply to all uses made of land in the above
described PUD District:
1. Principal permitted uses of the lots designated for commercial
development shall b e limited to:
a. General office
b. Medical office /clinic
c. Dental /medical lab
d. Personal services
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e. Barber /beauty shop
f. Motel
g. Gas station
h. Retail sales /service
i. Laundry/dry cleaner
j. Shoe repair
k. Bakery (wholesale /commercial)
I. Indoor restaurant
m. Bar /tavern
n. Automated gas station
o. Service station
p. Supermarket
q. Tailoring /alterations
r. Furniture /home furnishing
s. Appliance sales /service
t. Catalog center
u. Drive -in /carry -out restaurant
v. Drive -up automated bank teller
w. Self- service carwash
x. Neighborhood shopping center
y. Business services
z. Department stores
aa. Banks /savings and loans, and credit unions
bb. Indoor amusement center
cc. Vending /game machine sales and service
dd. Indoor recreation facilities
ee. Mail order houses
ff. Lumberyards /building materials sales
gg. Printing /publishing
hh. Full- service carwash
ii. Auto sales /service
jj. Motorcycle sales and service
kk. Local shopping center
H. Mini - warehousing (Lot 1 Holliday 2nd Addition only)
2. Accessory uses shall include any use customarily incidental and
subordinate to the principal use it serves.
B. Lot and Bulk Regulations
Development of land in the PUD District shall be regulated as follows:
1. All building structures and activities shall be located in accordance with
provisions of the PUD District regulations of this ordinance.
2. All buildings and structures located on lots designated for commercial
development shall meet bulk regulations set forth in the Unified
Development Code for the C -3 General Commercial District, Section
16 -5 -13, except that building height for Lot 1 Holliday 2nd Addition shall
be 45 feet.
C. Performance Standards
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The development and maintenance of uses in this PUD District shall be
established in conformance with Section 16 -5 -24 of the Unified Development
Code and the following standards.
1. Proposed public streets in the Planned Commercial development shall
be designed and built to City Engineering specifications.
2. The first public street shall be constructed concurrent with the
development of Lots 1, 2 and 3.
3. Erosion control shall be provided during all phases of construction.
4. Parking requirements for allowed uses in the PUD District shall be as
per the parking group for the designated use, in accordance with
Section 16 -14 -6 of the Unified Development Code.
5. Sidewalks shall be provided adjoining all public streets.
6. Storm water detention facilities will be installed as per city Engineering
requirements.
7. Adequate illumination shall be provided to all areas used for vehicle and
pedestrian circulation. Light fixtures shall be of a cut -off design and be
mounted at a 90- degree angle to a vertical light standard.
8. The conceptual plan shall serve as the preliminary plat for the PUD
District. Subdivision plats and improvement plan shall be submitted in
accordance with Chapter 42, Subdivision Regulations, of the City of
Dubuque Code of Ordinances.
9. Final site development plans shall be submitted in accordance with
Section 16 -12 of the Unified Development Code of the City of Dubuque,
Iowa prior to construction of any buildings.
10. Developer shall set aside a 30 -foot east /west x 275 -foot north /south
buffer easement area starting at the southwest corner of Lot 4.
Landscape buffer shall consist of a five -foot high berm with evergreen
trees planted 15 feet on center. Trees shall be eight feet high at time of
planting. The type of evergreen trees shall be installed prior to the
opening, if any, of the retail stores on Lots 2 or 3, provided all four lots
are zoned commercial.
D. Sign Regulations
Signs in the PUD District shall be regulated as follows:
1. On- premise signage shall be regulated by the C -3 General Commercial
District sign regulations of Section 4 -3.11 of the Zoning Ordinance,
except that each lot shall be limited to one (1) freestanding sign per
business, with each sign to be a maximum of 25 feet high and 108
square feet in size.
2. Off - premise signage shall be regulated by the C -3 General Commercial
District sign regulations of Section 4 -3.11 of the Zoning Ordinance.
E. Transfer of Ownership
Transfer of ownership or lease of property in this PUD District shall include in
the transfer or lease agreement a provision that the purchaser or leasee
acknowledges awareness of the conditions authorizing the establishment of
the PUD district.
F. Recording
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A copy of this ordinance shall be recorded at the expense of the property
owner(s) with the Dubuque County Recorder as a permanent record of the
conditions accepted as part of this reclassification approval within ten (10)
days after the adoption of this ordinance. This ordinance shall be binding
upon the undersigned and his /her heirs, successors and assigns.
Section 2. The foregoing ordinance has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this 19th day of December, 2011.
/s /Lynn Sutton, Mayor Pro -Tem
Attest: /s /Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald Newspaper the 23rd day of December, 2011.
/s/ Kevin Firnstahl, City Clerk
Bonson Block, LLC - Development Agreement for 356 Main Street: Proof of
Publication on notice of public hearing to approve a development agreement with
Bonson Block, LLC to redevelop property located at 356 Main Street and the City
Manager recommending approval. Motion by Lynch to receive and file the documents
and adopt Resolution No. 437 -11 Approving a development agreement with Bonson
Block, LLC for the property located at 356 Main Street. Seconded by Connors. Motion
carried 6 -0.
RESOLUTION NO. 437 -11
APPROVING A DEVELOPMENT AGREEMENT WITH BONSON BLOCK, LLC FOR
THE PROPERTY LOCATED AT 356 MAIN STREET
Whereas, the City of Dubuque, Iowa, has created a Downtown Incentive Programs
for the purpose of stimulating reinvestment in the Greater Downtown Urban Renewal
District; and
Whereas, the City of Dubuque, Iowa is encouraging the use of financial incentives to
help finance code compliance activities and to spur redevelopment; and
Whereas, it is the determination of this Council that approval of the Development
Agreement for the rehabilitation of the Property owned by Bonson Block, LLC according
to the terms and conditions set out in the Development Agreement is in the public
interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Development Agreement with Bonson Block, LLC is hereby
accepted and approved.
Section 2. That the Mayor is hereby authorized to execute, on behalf of the City
Council of the City of Dubuque, Iowa, the attached Development Agreement with
Bonson Block, LLC.
Section 3. That the City Manager is hereby authorized to execute, on behalf of the
City Council of the City of Dubuque, Iowa, all necessary grant documents and is further
authorized to disburse grant funds in accordance with the terms and conditions of the
executed agreement.
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Passed, approved and adopted this 19th day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Safe Community Advisory Committee: Safe Community Advisory Committee
recommending continuation of the Committee through December 31, 2012 and
Committee Member Doug Stillings, 1255 Locust Street, provided a report on the
activities of the Committee for 2011. Motion Jones to receive and file the documents
and that the requirement that a proposed ordinance be considered and voted on for
passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Braig. Motion carried 6 -0.
Motion by Jones for final consideration and passage of Ordinance No. 55 -11
Amending Ordinance No. 55 -10 which created the Safe Community Advisory
Committee by extending the sunset of the Committee and the terms of the members
from December 31, 2011 to December 12, 2012. Seconded by Braig. Motion carried 6-
0.
OFFICIAL PUBLICATION
ORDINANCE NO. 55 -11
AMENDING ORDINANCE NO. 55 -10 WHICH CREATED THE SAFE COMMUNITY
ADVISORY COMMITTEE BY EXTENDING THE SUNSET OF THE COMMITTEE AND
THE TERMS OF THE MEMBERS FROM DECEMBER 31, 2011 TO DECEMBER 12,
2012
Whereas, Ordinance No. 55 -10 created the Safe Community Advisory Committee
which ceases to exist on December 31, 2011; and
Whereas, the City Council deems it in the public interest to extend the existence of
the Committee and the terms of the Committee members.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Ordinance No. 55 -10, Sec. 2 -9 -6 is amended to read as follows:
2 -9 -6: Terms: The term of office for members of the Safe Community Advisory
Committee begins on January 1, 2011 and ends on December 31, 2012.
Section. 2. Ordinance No. 55 -10, Sec. 2 -9 -13 is amended to read as follows:
2 -9 -13: Sunset of Safe Community Advisory Committee: The Safe Community
Advisory Committee will cease to exist on December 31, 2012.
Section 3. This Ordinance takes effect on publication.
Passed, approved and adopted the 19th day of December, 2011.
/s /Lynn Sutton, Mayor Pro -Tem
Attest: /s /Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald Newspaper the 23rd day of December, 2011.
/s /Kevin S. Firnstahl, City Clerk
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Carnegie -Stout Public Library Signs: Historic Preservation Commission submitting a
design review recommendation for the Carnegie -Stout Public Library signs.
Historic Preservation Commission Chairperson David Klavitter request to address the
City Council.
Library Board of Trustees President Paula Connors request to address the City
Council.
Restated motion by Braig to receive and file the documents and that the Historic
Preservation Commission, the Library Board of Trustees and Lange Sign Company
continue to meet and return a resolution to the City Council at the April 2, 2012 Council
meeting. Seconded by Jones. Historic Preservation Commission Chairperson David
Klavitter, Library Board President Paula Connors and Lange Sign Company owner Dan
Lange all respectively provided information on the historic requirements, design
elements and replacement issues related to the different solutions. Motion carried 6 -0.
Sewershed 11 Corrective Action Plan: City Manager recommending submittal of the
Sewershed 11 Corrective Action Plan to the agencies stated in the Consent Decree.
Motion by Braig to receive and file the documents and approve the recommendation.
Seconded by Jones. Motion carried 6 -0.
Acquisition of Property from W.C. Stewart and Stew -Mc Development, Inc.: City
Manager recommending acceptance of the deeds for 12.93 acres located in a water
way south of Target and Center Grove Drive from W.C. Stewart and approving the
purchase of .41 acres from Stew -Mc Development Inc. for the purchase price of
$185,000. Motion by Jones to receive and file the documents and adopt Resolution No.
438 -11 Accepting the deed to certain real estate in Dubuque County, Iowa from W. C.
Stewart Construction, Inc.; and Resolution No. 439 -11 Accepting the deed to certain
real estate in Dubuque County, Iowa from Stew -MC Development, Inc. Seconded by
Braig. Responding to questions from City Council, Economic Development Director
Dave Heiar and Van Milligen provided information on the land value and development
as it related to Phase II of the Historic Millwork District. Motion carried 6 -0.
RESOLUTION NO. 438 -11
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY,
IOWA FROM W.C. STEWART CONSTRUCTION, INC.
Whereas, W.C. STEWART CONSTRUCTION, INC. has offered to donate to the City
of Dubuque the following described real property in Dubuque County, Iowa:
Lots 1 and 2 of LLOYD'S SUBDIVISION; Lots 77 and 78, in CENTER
GROVE (also known as CENTRE GROVE); Lot 1 of Lot 1 of Lot 1 of Lot 1 of
Lot 1 of Lot 1 of Lot 1 of Lot 1 of MINERAL LOT 232; Lot 2 of Lot 1 of Lot 1 of
MINERAL LOT 233; Lot 2 of Lot 1 of Lot 2 of MINERAL LOT 233; in the City
of Dubuque, Iowa, according to the respective Plats thereof; and
Whereas, the City Council finds that it is in the best interest of the City to accept such
gift from W.C. STEWART CONSTRUCTION, INC.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
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1. The City of Dubuque hereby accepts the Warranty Deed from W.C. STEWART
CONSTRUCTION, INC. attached hereto.
2. The City Clerk is hereby authorized and directed to record this Resolution and the
Warranty Deed with the Dubuque County Recorder.
Passed, approved and adopted this 19th day of December, 2011.
Lynn Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 439 -11
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY,
IOWA FROM STEW -MC DEVELOPMENT, INC.
Whereas, the City of Dubuque entered into an Agreement with STEW -MC
DEVELOPMENT, INC. for the purchase of the following described real property in
Dubuque County, Iowa:
The East One Fourth of City Lot 500 in the City of Dubuque, Iowa,
according to the United States Commissioners' Map of the City of
Dubuque, Iowa, except that part sold to the State of Iowa, subject to
easements of record (the Real Estate);and
Whereas, the terms of the Agreement have now been met.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
1. The City of Dubuque hereby accepts the Warranty Deed from STEW -MC
DEVELOPMENT, INC. attached hereto.
2. The City Clerk is hereby authorized and directed to record this Resolution and the
Warranty Deed with the Dubuque County Recorder.
Passed, approved and adopted this 19th day of December, 2011.
Lynn Sutton, Mayor- Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Citizen Petition - Jule Transit Services: Terri Berry submitting a citizen petition
requesting the reactivation of former Jule bus lines and to retain newer physical
coverage areas. Motion by Braig to receive and file and refer to the City Manager.
Seconded by Jones. Responding to questions from City Council, Transit Manager
Barbara Morck stated that she has met with Ms. Berry regarding resolution of issues.
Motion carried 6 -0.
Crime Free Multi- Housing Landlord Training Program Update: City Manager
transmitting an update on the City of Dubuque's Crime Free Multi- Housing Landlord
Training Program, with specific emphasis on changes that have been made to respond
to the Safe Community Task Force recommendations. Motion by Jones to receive and
file the documents. Seconded by Braig. Motion carried 6 -0.
City Council Meeting Schedule: City Manager recommending approval of an
ordinance that City Council meetings are affected only by City holidays. Motion by
Jones to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the
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meeting at which it is to be passed be suspended. Seconded by Resnick. Motion carried
6 -0.
Motion by Lynch for final consideration and passage of Ordinance No. 56 -11
Amending City of Dubuque Code of Ordinances Title 1 Administration, Chapter 6 Mayor
and City Council Article A Rules and Procedure Section 1 -6a -3 Types of Meetings by
Specifying City Holidays. Seconded by Resnick. Motion carried 6 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 56 -11
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 1
ADMINISTRATION, CHAPTER 6 MAYOR AND CITY COUNCIL ARTICLE A RULES
AND PROCEDURE SECTION 1 -6A -3 TYPES OF MEETINGS BY SPECIFYING CITY
HOLIDAYS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 1 -6A -3 is amended to read
as follows:
1 -6A -3: TYPES OF MEETINGS:
A. Regular Meetings: Regular meetings of the council must be held on the
first and third Mondays of each month. However, when the first or third Monday
falls upon any of the following City holidays, such meeting must be held on the
next succeeding day:
New Year's Day
Martin Luther King's Birthday
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve
Christmas Day
New Year's Eve
Section 2. This ordinance shall take effect upon publication
Passed, approved and adopted the 19th day of December, 2011.
/s /Lynn Sutton, Mayor Pro -Tem
Attest: /s /Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald Newspaper the 23rd day of December, 2012.
/s /Kevin S. Firnstahl, City Clerk
There being no further business, upon motion the City Council adjourned at 8:32 p.m.
/s /Kevin S. Firnstahl
City Clerk
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