3 05 12 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on March 5, 2012 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick,
Sutton; City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the Council.
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Resnick. Motion carried 7 -0.
Minutes and Reports Submitted: Airport Commission of 11/14/11; City Council
Proceedings of 2/16, 2/20, 2/21, 2/23, and 2/27; Community Development Advisory
Commission of 2/15; Library Board of Trustees of 1/26 and 2/9; Long Range Planning
Advisory Commission of 2/15; Sister City Relationships Advisory Commission of 2/8;
Transit Advisory Board of 2/9
Library Board of Trustees Update from Meeting of 1/26/12
Proof of Publication for City Council Proceedings of 2/6, 2/9, and 2/16; and List of
Claims and Summary of Revenues for Month Ended 1/31/12
Upon motion the documents were received and filed.
Notice of Claims and Suits: Gerald Hingtgen on behalf of Judy Hingten for personal
injury. Upon motion the documents were received, filed and referred to the City
Attorney.
Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities
Assurance Pool: Gary Jameson for property damage, Duane Koppes for vehicle
damage, Thomas Ruff for property damage, and Stephen Schreiner for vehicle damage.
Upon motion the documents were received, filed and concurred.
Code of Ordinances - Adoption of Supplement No. 7: City Clerk recommending
adoption of Supplement No. 7 to the City of Dubuque Code of Ordinances. Upon motion
the documents were received and filed and Resolution No. 60 -12 Adopting Supplement
No. 7 to the Code of Ordinances of the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 60 -12
ADOPTING SUPPLEMENT NO. 7 TO THE CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA
Whereas, under date of August 17, 2009, the City Council, 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.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 7 of the Code of Ordinances of the City of Dubuque,
Iowa, covering Ordinance Nos. 55 -10, 49 -11, 51 -11 and 56 -11 passed by Council and
enacted through December 19, 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.
Passed, approved and adopted this 5th day of March, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Annual CLG Report to State Historic Preservation Office: City Manager
recommending authorization for the Mayor to sign the 2011 Certified Local Government
Annual Report for submittal to the State Historical Society of Iowa. Upon motion the
documents were received, filed, and approved.
Roshek Building Featured in National Park Service Brochure: City Manager
transmitting the National Park Service's Federal Tax Incentives for Rehabilitating
Historic Buildings Annual Report for Fiscal Year 2011 featuring the Roshek Building.
Upon motion the document was received and filed.
Grand River Center Exhibit Hall Carpet Replacement Project Acceptance: City
Manager recommending acceptance of the The Grand River Center Exhibit Hall Carpet
Replacement Project as completed by Floor Show Companies in the final contract
amount of $83,462. Upon motion the documents were received and filed and Resolution
No. 61 -12 Accepting the Grand River Center Exhibit Hall Carpet Replacement Project
and authorizing the payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 61 -12
ACCEPTING THE GRAND RIVER CENTER EXHIBIT HALL CARPET
REPLACEMENT PROJECT AND AUTHORIZING THE PAYMENT OF THE
CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Grand River Center Exhibit Hall
Carpet Replacement 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
Grand River Center Exhibit Hall Carpet Replacement Project appropriation for the
contract amount of $83,462 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 5th day of March, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Mines of Spain Land & Water Conservation Fund Grant Application: City Manager
recommending approval of the 2012 Land & Water Conservation Fund grant application
in the amount of $175,000 to the Iowa Department of Natural Resources for acquisition
and development of the Bottoms property, a planned expansion of the Mines of Spain
State Park. Upon motion the documents were received and filed and Resolution No. 62-
12 Authorizing LWCF Grant application to the Iowa Department of Natural Resources
for acquisition and development of the E.B. Lyons Interpretive Area addition was
adopted.
RESOLUTION NO. 62 -12
AUTHORIZING LWCF GRANT APPLICATION TO IOWA DEPARTMENT OF
NATURAL RESOURCES FOR ACQUISITION AND DEVELOPMENT OF THE E.B.
LYONS INTERPRETIVE AREA ADDITION
Whereas, the Iowa Department of Natural Resources has allocated grant funds in the
LWCF (Land & Water Conservation Fund) Program for the acquisition and development
of recreational areas; and
Whereas, the City of Dubuque has adopted the 2008 Comprehensive Plan which
includes objectives for land acquisition for E.B. Lyons Interpretive Center and Mines of
Spain, protection of scenic and cultural resources, and development of additional
recreational areas
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authorized to sign and the Planning Services
Manager is hereby authorized to submit an application to the Iowa Department of
Natural Resources for a LWCF grant for land acquisition and development of the E.B.
Lyons Interpretive Area Addition.
Section 2. That in the event said application is approved, the City Council hereby
provides its written assurance that the completed project will be adequately maintained
for its intended use in accordance with state requirements.
Passed, approved and adopted this 5th day of March, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Golf Professional Position: City Manager recommending approval to create a Golf
Professional part -time salaried employee within the Recreation Division budget to
comply with audit recommendations eliminating the contract position. Upon motion the
documents were received, filed, and approved.
Dubuque Jaycees - Veterans' Memorial Park Lease: City Manager recommending
approval of a one -year agreement with the Dubuque Jaycees to operate a community
garden at Veterans' Memorial Park. Upon motion the documents were received, filed,
and approved.
Final Plat - Wingate Place No. 5: City Manager recommending approval of the Final
Plat of Wingate Place No. 5. Upon motion the documents were received and filed and
Resolution No. 63 -12 Authorizing Approving the Final Plat of Wingate Place No. 5 in the
City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 63 -12
AUTHORIZING APPROVING FINAL PLAT OF WINGATE PLACE NO. 5 IN THE CITY
OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a final plat of Wingate Place No. 5
in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears a street to be known as Eastgate Court (Lot A)
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 had its approval endorsed thereon; and
Whereas, said final plat has been reviewed by the City Planner and had her approval
endorsed thereon; subject to the owner's agreeing to the conditions noted in Section 2
below; and
Whereas, said final plat has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating to it, 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 the dedication of Eastgate Court (Lot A) and the easements for public
utilities, storm sewer and water mains, as they appear on said final plat, be and the
same are hereby accepted; and
Section 2. That the Final Plat of Wingate Place No. 5 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 hereto attached agreeing:
(a) To reduce Eastgate Court (Lot A) to grade and to construct concrete curb and
gutter and pave with Hot Mix Asphaltic Concrete, or Portland Cement Concrete with
integral curb, all in accordance with the City of Dubuque standard specifications, all in a
manner acceptable to the City Engineer, in conformance with construction improvement
plans approved by the City Engineer, and inspected by the City Engineer.
(b) To install sanitary sewer mains and sewer service laterals into each individual lot,
water mains and water service laterals into each individual lot, storm sewers and catch
basins, street lighting, longitudinal sub - drains, and erosion control devices, all in
accordance with the City of Dubuque standard specifications, all in a manner
acceptable to the City Engineer, and in accordance with construction improvement
plans approved by the City Engineer, and inspected by the City Engineer.
(c) To construct said improvements, prior to the two (2) years from the date of
acceptance of this resolution, at the sole expense of the owners, or future owner.
(d) To maintain the public improvements, 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;
And, further provided that said GNZ Properties, Inc., L. Wingate Properties, LLC, D.
Wingate Real Estate, LLC, as owners of said property, shall secure the performance of
the foregoing conditions provided in this Section by providing guarantees in such form
and with such sureties as may be acceptable to the City Manager of the City of
Dubuque, Iowa.
Section 3. Sidewalk installation shall be the responsibility of the owner abutting the
public rights -of -way, including lots with multiple frontages, as required by City Code 10-
1-2 (Sidewalk Installation and Repair).
Section 4. The owner must continue to own and maintain Lot B of Wingate Place No.
3 and stormwater detention facility until (1) the facility has been fully completed, (2) 80%
of the platted lots on Wingate Place, Wingate Place No. 2, Wingate Place No. 3,
Wingate Place No. 4, Wingate Place No. 5 and subdivisions thereof have been fully
developed, and (3) adequate erosion control measures, as approved by the City have
been installed on the remaining 20% of the lots. Acceptance of said Lot B and the
detention facility 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 B of Wingate Place No. 3) shall be assessed against the lot
owners of all phases of Wingate Place as indicated above and on the preliminary plat, in
proportion to the acreage of each lot, and 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 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 6. That in the event GNZ Properties, Inc., L. Wingate Properties, LLC, D.
Wingate Real Estate, LLC, fail to execute the acceptance and furnish the guarantees
provided in Section 2 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 5th day of March, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Comprehensive Traffic Analysis - 9th Street & 11th Street One -Way to Two -Way
Conversion: City Manager recommending that a work session be set for April 2, 2012,
at 5:30 p.m. to discuss the preliminary findings of the 9th Street and 11th Street one -way
to two -way conversion study and the analysis of existing traffic signal timings in the
Downtown Central Business District. Upon motion the documents were received, filed,
and approved.
Dubuque Metropolitan Area Solid Waste Agency: Correspondence from the Dubuque
Metropolitan Area Solid Waste Agency (DMASWA) transmitting the Agency's Fiscal
Year 2013 budget and fee schedule as approved by the DMASWA Board of Directors.
Upon motion the documents were received and filed.
Healthy Homes and Lead Hazard Control: Correspondence from the U.S.
Department of Housing and Urban Development informing the City that it's Healthy
Homes and Lead Hazard Control Grant Program has received a Green Designation and
that the program's overall performance is outstanding. Upon motion the documents
were received and filed.
Dubuque Drug Task Force Civilian Staff: City Manager recommending that the City
contribute 50 percent of the wages and benefits for the Grant Coordinator position in the
Dubuque Drug Task Force for Fiscal Year 2013 and Dubuque County would pay the
remaining 50 percent. Upon motion the documents were received, filed, and approved.
Request for Proposals - Alarm Panel Monitoring: City Manager recommending
issuance of a Request for Proposals for providing alarm monitoring equipment at the
Dubuque Communications Center. Upon motion the documents were received, filed,
and approved.
Revisions to Park Pavilion Rental Fees: City Manager recommending approval of the
changes to park pavilion rentals for the 2012 season as recommended by the Park and
Recreation Commission. Upon motion the documents were received, filed, and
approved.
Mines of Spain Master Plan Update - Bottoms Property: City Manager transmitting an
update on the Mines of Spain master plan process being undertaken by the Iowa
Department of Natural Resources for the Bottoms property, a planned expansion of the
state park and requesting that the City Council provide any comments or reactions to
the draft master plan concept(s) and survey results. Upon motion the documents were
received and filed.
Improvement Contracts / Performance, Payment and Maintenance Bonds: Purina
Drive Weigh Scale House Building Project. Upon motion the document was received
and filed.
Tobacco Compliance - Civil Penalty for Tobacco License Holders: City Manager
recommending approval of the Tobacco Compliance Settlement Agreement for a first
offense with Kohinoor Grocers, 1198 White Street. Upon motion the documents were
received, filed, and approved.
Tobacco Compliance - Civil Penalty for Tobacco License Holders: City Manager
recommending approval of the Tobacco Compliance Settlement Agreement for a
second offense with Kohinoor Grocers, 1198 White Street. Upon motion the documents
were received, filed, and approved.
Alcohol License Applications: City Manager recommending approval of annual liquor,
beer, and wine licenses as submitted. Upon motion the documents were received and
filed and Resolution No. 64 -12 Applications for beer, liquor, and /or wine permits, as
required by City of Dubuque Code of Ordinances Title 4 Business and License
Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and
Permits was adopted.
RESOLUTION NO. 64 -12
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND /OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B
LIQUOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted
and filed with the City Council for approval and the same have been examined and
approved; and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
following named applicants and permit types.
Bunker Hill Golf Course 2200 Bunker Hill Rd.
Full Throttle
Hy -Vee #3
1902 Central Ave.
400 Locust St.
Hy -Vee Gas #3 300 Locust St.
Mystique Casino 1855 Greyhound
Park Dr.
Noonan's Tap 1618 Central Ave.
Class C Liquor
(Sunday)Outdoor Service
Class C Liquor (Sunday)
Class E Liquor (Sunday) Class
B Wine (Carryout Wine) Class
C Beer (Carryout Beer)
Class C Beer (Sunday) Class B
Native Wine Permit
Class C Liquor (Sunday)
Catering Privilege Outdoor
Service
Class C Liquor (Sunday)
Passed, approved and adopted this 5th day of March, 2012
Attest: Kevin S. Firnstahl, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Roy D. Buol, Mayor
Motion by Jones 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 7 -0.
Hunter Equity - Development Agreement: City Manager requesting that a public
hearing be set for March 19, 2012, on the disposition of approximately 12.4 acres in the
Dubuque Industrial Center West to Hunter Equity, LLC for construction of an 80,000 sq.
ft. distribution center for Fed -Ex. Upon motion the documents were received and filed
and Resolution No. 65 -12 Resolution of Intent to dispose of an interest in City of
Dubuque real estate and fixing the date for a public hearing of the City Council of the
City of Dubuque, Iowa on the proposed and the execution of a development agreement
relating thereto with Hunter Equity, LLC and providing for the publication of notice
thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
March 19, 2012 in the Historic Federal Building.
RESOLUTION NO. 65 -12
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE
AND FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA ON THE PROPOSED AND THE EXECUTION OF A
DEVELOPMENT AGREEMENT RELATING THERETO WITH HUNTER EQUITY, LLC
AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property
(the Property);
Lot 1 of Dubuque Industrial Center North Second Addition in the City of Dubuque,
Iowa.; and
Whereas, City and Hunter Equity, LLC have entered into a Development Agreement,
subject to the approval of the City Council, a copy of which is now on file at the Office of
the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa, pursuant to which
City will convey the Property to Hunter Equity, LLC as shown on Exhibit A attached
hereto; and
Whereas, the City Council has tentatively determined that it would be in the best
interests of the City to approve the Development Agreement, including the conveyance
of the Property to Hunter Equity, LLC; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the foregoing -
described Property by Deed to Hunter Equity, LLC.
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 19th day of March, 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 5th day of March, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Voluntary Annexation- 10924 Key West Drive: City Manager recommending that a
public hearing be set for March 19, 2012 on the annexation request by Catherine C.
Christopherson for 10924 Key West Drive. Upon motion the documents were received
and filed and Resolution No. 66 -12 Approving application for voluntary annexation of
territory to the City of Dubuque, Iowa, was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on March 19, 2012 in the Historic Federal Building.
RESOLUTION NO. 66 -12
APPROVING APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY TO
THE CITY OF DUBUQUE, IOWA
Whereas, Catherine C. Christopherson, the property owner, has submitted a written
application for voluntary annexation of approximately 0.19 acre of land at 10924 Key
West Drive to the City of Dubuque, Iowa; and
Whereas, the annexation territory is not subject to an existing annexation moratorium
agreement; and
Whereas, the annexation territory does not include any railroad property; and
Whereas, Iowa Code section 368.7 authorizes the extension of City limits in
situations of this character by adoption of a resolution after notification and public
hearing; and
Whereas, this annexation is consistent with the Comprehensive Plan of the City of
Dubuque; and
Whereas, the City of Dubuque has the capacity to provide substantial municipal
services to the annexation territory; and
Whereas, the annexation is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the application of Catherine C. Christopherson, the property owner,
for voluntary annexation of approximately 0.19 acre of land at 10924 Key West Drive
lying outside of the corporate limits of the City of Dubuque, Iowa, as shown on Exhibit A
and legally described as Lot 2 -2 -2 Mineral Lot 479, Section 12, Township 88N, Range
2E of the 5th P.M., Dubuque County, Iowa, is hereby approved for annexation to the City
of Dubuque, Iowa.
Section 2. That the abutting Dubuque County public right -of -way will be annexed to
the centerline of Key West Drive concurrent with the annexation of the subject property
in accordance with the provisions of Chapter 368 of the Iowa Code.
Section 3. That the abutting State of Iowa public right -of -way for U.S. Highway
61/151w111 be annexed concurrent with the annexation of the subject property in
accordance with the provisions of Chapter 368 of the Iowa Code.
Section 4. That, subject to the approval of the Secretary of State, the corporate limits
of the City of Dubuque, Iowa, be and they hereby are extended to include the
approximately 0.19 acre of annexation territory as shown on Exhibit A.
Section 5. That the City Council of Dubuque, Iowa, does hereby certify that the City
of Dubuque has complied with the notice and hearing requirements of the Iowa Code
pertaining to voluntary annexation of territory outside an urbanized area of another city.
Section 6. That if Secretary of State approves this annexation, the territory hereby
annexed shall become a part of Precinct One of Ward One of the City of Dubuque,
Iowa.
Section 7. That the City Clerk shall file this resolution, all exhibits and the applications
for voluntary annexation with the State of Iowa in accordance with the provisions of
Chapter 368 of the Iowa Code.
Passed, approved and adopted this 5th day of March, 2012.
Roy D. Buol, Mayor
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.
Civil Service Commission (Mayor appointment). One three -year term through April 6,
2015 (Expiring term of Takes). Applicant: Betty Takes 1245 Dunleith Court. Proof of
publication on 30 -day notice of list of applicants. Ms. Takes spoke in support of her
appointment.
Appointments to the following commissions:
Cable TV Commission (New Commission). Seven three -year staggered terms
consisting of three terms through July 1, 2014; and four terms through July 1, 2015.
Applicants: George Herrig, 2395 W. 32nd Street; Sr. Carol Hoverman, 1555 White
Street; Pauline Maloney, 506 St. George Street; Kevin Stevens, 2016 Golden Eagle
Drive; Jennifer Tigges, 4927 Wild Flower Drive; Alan Vincent, 1010 Dunham Drive.
Upon roll call vote George Herrig, Sr. Carol Hoverman, Jennifer Tigges, and Alan
Vincent were appointed to three -year terms through July 15, 2015. (All Council
Members voting for Tigges and Stevens; Lynch, Resnick, Sutton, Braig, Buol, and
Connors voting for Herrig; and Resnick, Braig, Buol and Connors voting for Hoverman)
Motion by Braig to appoint Pauline Maloney and Kevin Stevens to three -year terms
through July 15, 2014. Seconded by Jones. Motion carried 7 -0.
Mechanical Board: Two three -year terms through March 16, 2012 (Expiring terms of
Grothe and Valaskey). Applicants: David Grothe, 2544 Elm Street; and Corey Valaskey,
1385 Alta Vista Street. Motion by Braig to appoint David Grothe and Corey Valaskey to
three -year terms through March 16, 2015. Seconded by Lynch. Motion carried 7 -0.
PUBLIC HEARINGS
Request to Amend Planned Unit Development - Asbury Plaza (Tabled from January
17, 2012): 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.
Correspondence from Peter Arling, O'Connor & Thomas Law Firm, requesting that
the request be tabled to the April 16, 2012 City Council meeting.
Correspondence from Tri -State Trail Vision, requesting the City Council deny the
request.
City Manager recommending additional amendments to the Asbury Plaza Planned
Unit Development.
Motion by Connors to remove from the table. Seconded by Braig. Motion carried 7 -0.
Motion by Connors to receive and file the documents and table to April 16, 2012.
Seconded by Jones. Motion carried 7 -0.
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Flint Hills Resources Pine Bend, LLC - Lease Agreement: Proof of publication on
notice of public hearing to consider approval of a riverfront lease agreement between
the City of Dubuque, Iowa, and Flint Hills Resources Pine Bend, LLC and the City
Manager recommending approval. Motion by Jones to receive and file the documents
and adopt Resolution No. 67 -12 Approving the disposal of an interest in real property
owned by the City of Dubuque by lease between the City of Dubuque, Iowa and Flint
Hills Resources Pine Bend, LLC. Seconded by Braig. Motion carried 7 -0.
RESOLUTION NO. 67 -12
APPROVING THE DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY
THE CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA
AND FLINT HILLS RESOURCES PINE BEND, LLC
Whereas, the City of Dubuque, Iowa (City) is the owner of the real property legally
described as follows:
A part of unplatted slough and Government Lot 3, Section 19, Township 89 North,
Range 3 East, 5th Principle Meridian in the City of Dubuque, Dubuque County, Iowa as
shown on the attached Exhibit B; and
Whereas, Flint Hills Resources Pine Bend, LLC desires to lease a part of the property
as shown on Exhibit B for industrial uses and other river related business activities upon
the terms set forth in a Lease Agreement which is on file at the office of the City Clerk,
City Hall, 13th and Central Avenue, Dubuque, Iowa; and
Whereas, City and Flint Hills Resources Pine Bend, LLC have agreed to the Lease
Agreement, which among other things, provides for a term through March 31, 2024; and
Whereas, on March 5, 2012, 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;
Whereas, the City Council believes it is in the best interest 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 the City and Flint Hills Resources Pine
Bend, LLC is hereby approved and the City Manager is authorized to execute said
Lease Agreement on behalf of the City of Dubuque
Passed, approved and adopted this 5th day of March, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Vacating Petition - Portion of Innovation Drive: Proof of publication on notice of public
hearing to consider a request by the City of Dubuque to vacate a portion of Innovation
Drive, that the vacated portion (Lot 2 -B) be combined with City property to the east for
final platting, and that easements for utilities be reserved over the entire vacated area
and the City Manager recommending approval. Motion by Braig to receive and file the
documents and adopt Resolution No. 68 -12 Vacating a portion of Innovation Drive in the
City of Dubuque, Dubuque County, Iowa. Seconded by Connors. Motion carried 7 -0.
RESOLUTION NO. 68 -12
VACATING A PORTION OF INNOVATION DRIVE IN THE CITY OF DUBUQUE,
DUBUQUE COUNTY, IOWA
Whereas, City of Dubuque Economic Development has requested the vacating of a
portion of Innovation Drive; and
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated the 30th day of January, 2012, prepared by IIW, P.C., describing the
proposed vacated portion of Innovation Drive to be known as Lot 2 -B of Dubuque
Industrial Center North First Addition in the City of Dubuque, Dubuque County, Iowa;
and
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
City of Dubuque, Iowa on this 24th day of February, 2012, the City Council of the City of
Dubuque, Iowa met on the 5th day of March, 2012, at 6:30 p.m. in the Historic Federal
Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque
County, Iowa to consider the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all
objections, oral or written to the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the
proposed vacated portion of Innovation Drive to be known as Lot 2 -B of Dubuque
Industrial Center North First Addition 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:
Section 1. That the real estate described as Lot 2 -B of Dubuque Industrial Center
North First Addition in the City of Dubuque, Iowa, be and the same is hereby vacated.
Section 2. 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, fiber optics, gas, telephone, television cable, electric lines and other utilities
as may be authorized by the City of Dubuque, Iowa, as shown on the Plat of Survey of
Lot 2 -B of Dubuque Industrial Center North First Addition in the City of Dubuque,
Dubuque County, Iowa.
Passed, approved and adopted this 5th day of March, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Greater Dubuque Development Corporation - What's NEXT? 2017 Campaign:
Executive Director Rick Dickinson provided a video and verbal presentation on Greater
Dubuque Development Corporation's What's NEXT? 2017 Campaign. Motion by Lynch
to receive and file the information. Seconded by Connors. Motion carried 7 -0.
Final Plat - Dubuque Industrial Center North Second Addition: City Manager
recommending approval of the Final Plat of Dubuque Industrial Center North Second
Addition and authorize the Mayor and City Clerk to sign on behalf of the City of
Dubuque as owner and as platting authority. Motion by Braig to receive and file the
documents and adopt Resolution No. 69 -12 Approving the Final Plat of Dubuque
Industrial Center North Second Addition in the City of Dubuque, Iowa. Seconded by
Jones. Motion carried 7 -0.
RESOLUTION NO. 69 -12
APPROVING THE FINAL PLAT OF DUBUQUE INDUSTRIAL CENTER NORTH
SECOND ADDITION IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Dubuque Industrial
Center North Second Addition in the City of Dubuque; and
Whereas, upon said Final Plat appears a street to be known as Innovation Drive (Lot
A) which the owners by said Final Plat have dedicated to the public forever; and
Whereas, upon said Final Plat appear access easements to be reserved for the City
of Dubuque; and
Whereas, said Final Plat has been reviewed by the City Planner and had her
approval endorsed thereon; and
Whereas, said Final Plat has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating to it.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Innovation Drive (Lot A) as it appears upon said
Final Plat be and the same are hereby accepted; and
Section 2. That the access easements for the City of Dubuque as they appear upon
said Final Plat be and the same are hereby approved; and
Section 3. That the Final Plat of Dubuque Industrial Center North Second Addition is
hereby approved and the Mayor and City Clerk are hereby authorized and directed to
endorse the approval of the City of Dubuque, Iowa upon said Final Plat.
Section 4. Sidewalk installation shall be the responsibility of the owner of the property
abutting the public right -of -way, as required by City Code 10 -1 -2. The responsibility
shall extend to all successors, heirs and assignees. Sidewalks shall be five (5) feet in
width and installed one (1) foot from the property line.
Section 5. That the final acceptance of all public improvements shall occur upon
certification of the City Engineer to the City Council that all public improvements have
been completed in accordance with the improvement plans and City standard
specifications.
Passed, approved and adopted this 5th day of March, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Code of Ordinances - Vacant and Abandoned Buildings Update: City Manager
recommending approval of an update to the Vacant and Abandoned Buildings
Ordinance to incorporate the use of the International Property Maintenance Code, and
to update the definitions of abandoned buildings and vacant buildings. 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 Connors. Motion carried 7 -0.
Motion by Jones for final consideration and passage of Ordinance No. 20 -12
Amending City of Dubuque Code of Ordinances Title 14 Building and Development,
Chapter 4 Licensing of Vacant and /or Abandoned Buildings, Section 1 Definitions and
Section 1- Relationship of License to Other Codes by Incorporating Use of the
International Property Maintenance Code and Updating the Definitions of Abandoned
and Vacant Buildings. Seconded by Braig. Motion carried 7 -0.
OFFICIAL PUBLICAITON
ORDINANCE NO. 20 -12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 4 LICENSING OF VACANT AND /OR ABANDONED
BUILDINGS, SECTION 1 DEFINITIONS AND SECTION 10 RELATIONSHIP OF
LICENSE TO OTHER CODES BY INCORPORATING USE OF THE INTERNATIONAL
PROPERTY MAINTENANCE CODE AND UPDATING THE DEFINITIONS OF
ABANDONED AND VACANT BUILDINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14 -4 -1 of the City of Dubuque Code of Ordinances is amended to
read as follows:
14 -4 -1: DEFINITIONS:
For the purpose of this chapter, certain terms, phrases, words and their derivatives
shall be construed as specified in either this chapter or as specified in the building code
or the housing code. Where terms are not defined, they shall have their ordinary
accepted meanings within the context in which they are used. Unless otherwise
expressly stated or unless the context clearly indicates a different intent, the following
terms shall, for the purpose of this chapter, have the following meanings:
ABANDONED BUILDING: Any building or portion thereof which has stood with an
incomplete exterior shell for six (6) months or longer which meets one or more of the
following criteria:
A. Is unsecured;
B. Is unoccupied; or,
C. Is noncompliant with the International Property Maintenance Code as
adopted by the City.
VACANT BUILDING: Any building or portion thereof which has been unoccupied for
a continuous period of time over twelve (12) months and which meets one or more of
the following criteria:
A. Unsecured;
B. Secured by means other than those used in the design of the building;
C. Declared a "dangerous building" as defined in this section;
D. Unfit for occupancy as determined by the city manager;
E. Noncompliant with the International Property Maintenance Code;
F. Has housing, building, fire, health or zoning code violations;
G. Open to vagrants, vandals, children or the unwary; or,
H. Not receiving service by public utilities.
Section 2. Section 14 -4 -10 of the City of Dubuque Code of Ordinances is amended to
read as follows:
14 -4 -10: RELATIONSHIP OF LICENSE TO OTHER CODES:
The issuance of any license for any vacant or abandoned building shall not in any
way signify or imply that the building conforms with the Iowa state building code or the
housing, building, zoning, fire ordinances or other codes and ordinances adopted by the
city. The issuance of a license shall not relieve the owner or operator of the
responsibility for compliance with said applicable housing, building, zoning, fire or other
applicable codes and ordinances.
Section 3. This Ordinance takes effect upon publication.
Passed, approved and adopted the 5th day of March, 2012.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 9th day of March 2012.
/s /Kevin S. Firnstahl, City Clerk
City of Dubuque Support for Commercial Property Tax Reform: City Manager
submitting letters of support for commercial property tax reform to legislative
representatives. Motion by Connors to receive and file the documents and approve the
recommendation. Seconded by Rensick. Lynch stated that he will support this, but that
it is hard on small business owners like himself, and he hopes for meaningful, equitable
compromise as the State Legislature works through this issue. Motion carried 7 -0.
There being no further business, upon motion the City Council adjourned at 7:16 p.m.
/s /Kevin S. Firnstahl
City Clerk