1 21 14 City Council Proceedings Official_Special and regularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:15 p.m. on January 21, 2014 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Resnick, Sutton; City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Lynch
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on the Design Guidelines Manual.
WORK SESSION
DESIGN GUIDELINES MANUAL
Planning Services Manager Laura Carstens, Assistant Planner Dave Johnson, and
Planning Technician Eric Van Buskirk provided a slide presentation on the Architectural
Design Guidelines Manual:
Merging Sustainability, Accessibility, Historic Districts and Downtown Overlay
• Current design guidelines
• Benefits of design guidelines
• Project steps
• Combining documents: guidelines, styles, and architectural terms
• Review of table of contents and format
• Planning a preservation project
• Developing an improvement strategy
• Identifying sensitive areas, details and features, historic and alternative
materials, and windows
• Commercial properties and additions
• Residential properties and additions
• Site and landscape design; fences, walls, and gates
• New buildings; materials, residential/commercial massing, and context
• Awnings and canopies, building lighting and signs
• Sustainability principles and energy efficiency
• Appendix
• Architectural styles and design terms
• Implementation; current and proposed.
The City Council had discussion with staff following the presentation.
There being no further business, upon motion the City Council adjourned at 5:54 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on January 21, 2014 in
the Historic Federal Building, 350 W. 6t Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Resnick, Sutton; City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Lynch
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 City
Council.
PLEDGE OF ALLEGIANCE
CONSENT ITEMS
Motion by Connors to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Jones. Motion carried 6-0.
1. Minutes and Reports Submitted: Cable TV Commission of 11/6, City Council
proceedings of 1/6 and 1/7, Civil Service Commission 12/11, Historic Preservation
Commission 12/19, Human Rights 12/9 and 12/11, Zoning Advisory Commission 1/8,
Zoning Board of Adjustment 12/19. Upon motion the documents were received and
filed.
2. Notice of Claims and Suits: Area Residential Care for property damage, Philip
Baumann for vehicle damage, Jason and Amanda Bickal for vehicle damage, Cindi
Harker for property damage, Mediacom (James Busch) for vehicle damage. Upon
motion the documents were received, filed and referred to City Attorney
3. 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: Phillip Bauman for vehicle damage, and Cyndi Harker for property
damage. Upon motion the documents were received, filed and concurred.
4. Catfish Creek Watershed Management Authority Board - Dubuque Industrial
Center South: The Catfish Creek Watershed Management Authority requests the
possibility of creating a wetlands mitigation bank in partnership with the City at the
newly -developed Dubuque Industrial Center South. Upon motion the documents were
received, filed and referred to the City Manager.
5. Plat of Survey - 3338 Center Grove Road: Zoning Advisory Commission
recommending approval of the Plat of Survey for Centre Grove Plat 3 (3338 Center
Grove) subject to waiving lot frontage for Lot 1. Upon motion the documents were
received and filed and Resolution No. 5-14 Approving the Plat of Survey Centre Grove
Plat 3 in city of Dubuque, Iowa, was adopted.
2
RESOLUTION NO. 5-14
APPROVING THE PLAT OF SURVEY CENTRE GROVE PLAT 3 IN CITY OF
DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey Centre Grove Plat 3
in the city of Dubuque, Iowa; and
Whereas, said Plat of Survey provides 0 feet of frontage for Lot 1 on a public or
approved private street, where street frontage is required by Section 11-14 of Title 16 of
the City of Dubuque Code of Ordinances, Unified Development Code; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find
that it conforms to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow 0 feet of frontage on a public street or an
approved private street for Lot 1.
Section 2. That the Plat of Survey Centre Grove Plat 3 is hereby approved and the
Mayor and City Clerk are hereby authorized and directed to endorse the approval of the
City of Dubuque, Iowa upon said Plat of Survey.
Passed, approved and adopted this 21st day of January, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Storm Sewer and Sanitary Sewer Easement Acceptance - Part of Lot 2 Centre
Grove Plat 2, and Lots 21A, 22A, and 26 of Center Grove: City Manager recommending
acceptance of a storm sewer and sanitary sewer easement from Myla and Company for
an existing storm sewer and recently constructed sanitary sewer across part of Lot 2
Centre Grove Plat 2, and Lots 21A, 22A, and 26 of Center Grove, in the City of
Dubuque, Dubuque County, Iowa. Upon motion the documents were received and filed
and Resolution No. 6-14 Accepting the grant of an easement for storm sewer and
sanitary sewer through, over and across a part of Lot 2 Centre Grove Plat 2, and Lots
21A, 22A, and 26 of Center Grove, in the City of Dubuque, Dubuque County, Iowa, was
adopted.
RESOLUTION NO. 6-14
ACCEPTING THE GRANT OF AN EASEMENT FOR STORM SEWER AND
SANITARY SEWER THROUGH, OVER AND ACROSS A PART OF LOT 2 CENTRE
GROVE PLAT 2, AND LOTS 21A, 22A, AND 26 OF CENTER GROVE, IN THE CITY
OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Myla and Company LLC have executed an Easement for Storm Sewer and
Sanitary Sewer through, over and across a part of Lot 2 Centre Grove Plat 2, and Lots
21A, 22A, and 26 of Center Grove, in the City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of,
accepts and consents to the Grant of Easement for Storm Sewer and Sanitary Sewer
through, over and across a part of Lot 2 Centre Grove Plat 2, and Lots 21A, 22A, and
26 of Center Grove, in the City of Dubuque, Dubuque County, Iowa, from Myla and
Company LLC, a copy of which is attached hereto.
3
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 21st day of January, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC, City Clerk
7. Accept Storm and Sanitary Easements for Beverly Avenue Improvements: City
Manager recommending acceptance of the storm and sanitary sewer easements from
Brian and Michelle Roling, Flat Iron Development LLC, and Marlin and Ritchie
Avenarius for a recently constructed storm sewer and existing sanitary sewer near the
south end of Beverly Avenue in the City of Dubuque. Upon motion the documents were
received and filed and Resolution No. 7-14 Accepting the Grant of Easement for
sanitary sewer through, over and across the southerly twenty (20) feet of Lot 73 of
Lenox Addition in the city of Dubuque, Dubuque County, Iowa; Resolution No. 8-14
Accepting the Grant of Easement for storm sewer through, over and across the
southerly ten (10) feet of Lot 73 of Lenox addition in the City of Dubuque, Dubuque
County, Iowa; Resolution No. 9-14 Accepting the Grant of Easement for storm sewer
through, over and across a part of a twenty foot (20') wide strip abutting the northerly
boundary line of Lot 1 of Lot 1 of Lot 2 of Bonson Farm Sub, in the City of Dubuque,
Iowa, from the centerline of Beverly Ave. extended to the westerly boundary line of said
Lot, in the City of Dubuque, Dubuque County, Iowa; and Resolution No. 10-14
Accepting the Grant of Easement for storm sewer through, over and across a part of Lot
2 of Avenarius Place in the City of Dubuque, Dubuque County, Iowa, were adopted.
RESOLUTION NO. 7-14
ACCEPTING THE GRANT OF AN EASEMENT FOR SANITARY SEWER THROUGH,
OVER AND ACROSS THE SOUTHERLY TWENTY (20) FEET OF LOT 73 OF LENOX
ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Brian L. Roling and Michelle P. Roling have executed an Easement for
Sanitary Sewer through, over and across the southerly twenty (20) feet of Lot 73 of
Lenox Addition in the City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of,
accepts and consents to the Grant of Easement for Sanitary Sewer through, over and
across southerly twenty (20) feet of Lot 73 of Lenox Addition in the City of Dubuque,
Dubuque County, Iowa, Iowa from Brian L. Roling and Michelle P. Roling, a copy of
which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 21st day of January, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 8-14
ACCEPTING THE GRANT OF AN EASEMENT FOR STORM SEWER THROUGH,
OVER AND ACROSS THE SOUTHERLY TEN (10) FEET OF LOT 73 OF LENOX
ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
4
Whereas, Brian L. Roling and Michelle P. Roling have executed an Easement for
Storm Sewer through, over and across the southerly ten (10) feet of Lot 73 of Lenox
Addition in the City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of,
accepts and consents to the Grant .of Easement for Storm Sewer through, over and
across southerly ten (10) feet of Lot 73 of Lenox Addition in the City of Dubuque,
Dubuque County, Iowa, Iowa from Brian L. Roling and Michelle P. Roling, a copy of
which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 21st day of January, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 9-14
ACCEPTING THE GRANT OF AN EASEMENT FOR STORM SEWER THROUGH,
OVER AND ACROSS A PART OF A TWENTY FOOT (20') WIDE STRIP ABUTTING
THE NORTHERLY BOUNDARY LINE OF LOT 1 OF LOT 1 OF LOT 2 OF BONSON
FARM SUB. IN THE CITY OF DUBUQUE, IOWA, FROM THE CENTERLINE OF
BEVERLY AVE. EXTENDED TO THE WESTERLY BOUNDARY LINE OF SAID LOT,
IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Flat Iron Development, LLC, has executed an Easement for Storm Sewer
through, over and across a part of a twenty foot (20') wide strip abutting the northerly
boundary line of Lot 1 of Lot 1 of Lot 2 of Bonson Farm Subdivision in the City of
Dubuque, Iowa, from the centerline of Beverly Avenue extended to the westerly
boundary line of said Lot, in the City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of,
accepts and consents to the Grant of Easement for Storm Sewer through, over and
across a part of a twenty foot (20') wide strip abutting the northerly boundary line of Lot
1 of Lot 1 of Lot 2 of Bonson Farm Subdivision in the City of Dubuque, Iowa, from the
centerline of Beverly Avenue extended to the westerly boundary line of said Lot, in the
City of Dubuque, Dubuque County, Iowa from Flat Iron Development, LLC, a copy of
which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 21st day of January, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 10-14
ACCEPTING THE GRANT OF AN EASEMENT FOR STORM SEWER THROUGH,
OVER AND ACROSS A PART OF LOT 2 OF AVENARIUS PLACE IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Marlin Avenarius and Ritchie Avenarius have executed an Easement for
Storm Sewer through, over and across Lot 2 of Avenarius Place in the City of Dubuque,
Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of,
accepts and consents to the Grant of Easement for Storm Sewer through, over and
across Lot 2 of Avenarius Place in the City of Dubuque, Dubuque County, Iowa from
Marlin Avenarius and Ritchie Avenarius, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 21st day of January, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Fifth and Bluff Streets Restroom Project Acceptance: City Manager recommending
acceptance of the 5th and Bluff Streets Restroom Project, as completed by Portzen
Construction. Upon motion the documents were received and filed and Resolution No.
11-14 Accepting the 5th and Bluff Restroom Project and authorizing the payment of the
contract amount to the contractor was adopted.
RESOLUTION NO. 11-14
ACCEPTING THE 5th AND BLUFF RESTROOM PROJECT AND AUTHORIZING THE
PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the 5th and Bluff Restroom Project
(the Project) has been completed and the Building Services Manager has examined the
work and 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 Building Services Manager is approved and
the Project is hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the
contract amount of $381,059, less any retained percentage provided for therein as
provided in Iowa Code chapter 573, and to pay such retainage in accordance with the
provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13.
Passed, approved and adopted this 21st day of January, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Helping Services for Northeast Iowa Subcontract: City Manager recommending
approval of a subcontract with Helping Services for Northeast Iowa, Inc. for overtime
funding to provide special patrols aimed at violations of underage drinking laws. Upon
motion the documents were received, filed and approved.
10. Recommendation for Consultant for Collective Impact Volunteering Outreach
Strategy: City Manager recommending entering a contract not to exceed $13,000 with
Plaid Swan to create an outreach strategy for collective impact volunteering under the
Volunteer Generation Fund Grant. Upon motion the documents were received, filed and
approved.
11. Sustainable Dubuque Monthly Project Status Report: City Manager transmitting
the Sustainable Dubuque Monthly Project Report for December 2013. Upon motion the
documents were received and filed.
6
12. ICMA International Fellowship Exchange Application: City Manager
recommending that the City of Dubuque apply to the International City/County
Management Association (ICMA) to serve as a site for the ICMA International
Fellowship Exchange. Upon motion the documents were received, filed and approved.
13. National Endowment for the Arts - Our Town Grant Application: City Manager
recommending approval of the submission of a National Endowment for the Arts (NEA)
Our Town grant application. Upon motion the documents were received, filed and
approved.
14. Sister City Relationship Advisory Commission: Commissioner Larissa
Filimonenko submitting her resignation from the Sister City Relationship Advisory
Commission. Upon motion the documents were received, filed and the resignation
accepted.
15. U.S. Environmental Protection Agency (EPA) - Notice of Stipulated Penalty
Demand: City Manager transmitting correspondence received from the U.S.
Environmental Protection Agency - Region 7. Upon motion the documents were
received, filed and referred to the City Manager.
16. Civil Service Commission: Civil Service Commission submitted the [re]certified list
for the position of Firefighter. Upon motion the documents were received, filed and
made a Matter of Record.
January 15, 2014
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Fire Entry was administered on October 12, 2013. 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 eighteen (18) months
from the above date.
1. Samuel Janecke
2. Daniel Dietzel
3. Ross Dillavou
4. Anthony Ambrosy
5. Bradley Soat
6. Simon Vogel
7. Ryan Haxmeier
8. Amos Langlois
9. William Sullivan
10. Andrew Sprengelmeyer
FIREFIGHTER
11. Ryan Neuhaus
12. Scott Brachman
13. Andrew Vaughn
14. Brian Recker
15. Christopher Grue
16. Elliot McAllister
17. Bradley Willis
18. Christopher Welu
19. Cody Oberfoell
7
Respectfully submitted,
Dan White, Chairperson
Civil Service Commission
17. Improvement Contracts and Maintenance Bonds: Maryville Construction
Company for the Fire Station No. 4 Mechanical and Restroom Upgrade Project. Upon
motion the documents were received, filed and approved.
18. Alcohol Compliance Civil Penalty for Alcohol License Holder - Beecher Beverage:
City Manager recommending approval of the Alcohol Compliance Settlement
Agreement with Beecher Beverage, 1691 Asbury Road. Upon motion the documents
were received, filed and approved.
19. Alcohol Compliance Civil Penalty for Alcohol License Holder - Pizza Hut: City
Manager recommending approval of the Alcohol Compliance Settlement Agreement
with Pizza Hut #4690, 2075 John F. Kenney Road. Upon motion the documents were
received, filed and approved.
20. Business License Refund: Request of Angela Mangeno for a refund of the liquor
license LC0020645 for Angie's Bar located at 1401 Elm St. in the amount of $633.75.
Upon motion the documents were received, filed and approved.
21. 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. 12-14 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 was adopted.
RESOLUTION NO. 12-14
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
noted permit types to the following applicants pending submission of the locally required
documentation.
Baymont Inn & Suites
Breezers Pub Company
Dubuque Religious Center, Inc.
L.Hy-Vee Gas #2
Mario's Italian Restaurant
Pizza Hut #4690
Pizza Hut #4691
Renewals
4025 McDonald Dr. Class B Liquor (Sunday)
600 Central Ave. Class C Liquor (Sunday)
923 Main St. Class B Wine (Sunday)
2435 NW Arterial Class B Native Wine (Sunday
1298 Main St. ! Class C Li uoi1
2075 J F K Rd. Class B Beer (Sunday)
320 East 20th St. . Class B Beer (Sunday)
8
Taiko Japanese Restaurant 2155 S. Park Ct.
The Lounge 481 Locust St.
New
Mi Ranchito i 1091 University Ave. 1
Passed, approved and adopted this 21st day of January, 2014.
Attest: Kevin S. Firnstahl, City Clerk
Class C Liquor (Sunday)
Class C Liquor
Class B Beer
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 6-0.
1. SRF Green AIIey Bid Set 1: City Manager recommending initiation of the bidding
process for the SRF Green AIIey Bid Set 1 Project and further recommends that a public
hearing be set for February 3, 2014. Upon motion the documents were received and
filed and Resolution No. 13-14 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 (SRF
Green AIIey Bid Set 1 Project); Resolution No. 14-14 Approving the Plats, Schedule of
Assessments and estimate of total cost for the SRF Green AIIey Bid Set 1 Project;
Resolution No. 15-15 Resolution of Necessity for the SRF Green AIIey Bid Set 1
Project; and Resolution No. 16-14 Fixing date of public hearing on Resolution of
Necessity were adopted setting a public hearing for a meeting to commence at 6:30
p.m. on February 3, 2014 in the Historic Federal Building.
RESOLUTION NO. 13-14
SRF GREEN ALLEY BID SET 1 PROJECT
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:
The proposed plans, specifications, form of contract and estimated cost for the SRF
Green Alley Bid Set 1 Project in the estimated amount $411,547.00, 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 3`d day of February, 2014, 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.
9
The SRF Green Alley Bid Set 1 Project 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 6th day of February, 2014. 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 17th day of February, 2014, in the Historic Federal
Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 21st day of January, 2014
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 14-14
APPROVING THE PLATS, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF
TOTAL COST FOR THE SRF GREEN ALLEY BID SET 1 PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached plats, schedule of assessments, and estimate of total cost for the
SRF Green Alley Bid Set 1 Project are hereby approved.
Passed, approved and adopted this 21st day of January, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 15-14
RESOLUTION OF NECESSITY FOR THE SRF GREEN ALLEY BID SET 1 PROJECT
Whereas, the plat, schedule of assessments, and estimate of total cost for the
SRF Green Alley Bid Set 1 Project 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:
The SRF Green Alley Bid Set 1 Project will provide:
• Reconstruction of three (3) alleys using interlocking concrete pavers
• Reconstruction of the pavement surface with interlocking concrete pavers.
Installation of concrete pavement to hold bricks in place.
• Installation of HMA street headers and driveway headers
• Installation of ADA detectible warning panels and miscellaneous sidewalk at alley
crossings.
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: That 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
10
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 Tying with the assessment limits.
The above resolution was introduced, approved and ordered placed on file with the
City Clerk this 21st day of January, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 16-14
FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY
Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary
approval to the plat, schedule of assessments, and estimated total cost for the SRF
Green Alley Bid Set 1 Project and ordered the plat, schedule of assessments, and
estimate of total cost placed on file in the Office of the City Clerk; and
Whereas, the proposed Resolution of Necessity for Project has been introduced and
is now on file in the Office of the City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The City Council will meet on the 3rd day of February, 2014, in 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 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 a 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, adopted and approved this 21st day of January, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC, City Clerk
Published officially in the Telegraph Herald newspaper the 2411h day of January, 2014
/s/Kevin S. Firnstahl, City Clerk
2. Franchise Fee Ordinance Amendment - Alliant Energy: City Manager
recommending that a Public Hearing be set for February 3, 2014, to amend the
Franchise Fee Ordinances with Alliant Energy. Upon motion the documents were
received and filed and Resolution No. 17-14 Setting a Public Hearing on a proposed
ordinance Amending the Franchise Fee Ordinances under the City's Electric Franchise
with Alliant Energy by repealing section 3 of Ordinance No. 58-03 Providing for a
Rebate of Franchise Fees for Exempt Sales of Electricity to Customers of Interstate
Power Company, its Successors and Assigns, and Establishing a procedure for
11
Requesting a Rebate of Such Fees was adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on February 3, 2014 in the Historic Federal Building.
RESOLUTION NO. 17-14
SETTING A PUBLIC HEARING ON A PROPOSED ORDINANCE AMENDING THE
FRANCHISE FEE ORDINANCES UNDER THE CITY'S ELECTRIC FRANCHISE WITH
ALLIANT ENERGY BY REPEALING SECTION 3 OF ORDINANCE NO. 58-03
PROVIDING FOR A REBATE OF FRANCHISE FEES FOR EXEMPT SALES OF
ELECTRICITY TO CUSTOMERS OF INTERSTATE POWER COMPANY, ITS
SUCCESSORS AND ASSIGNS, AND ESTABLISHING A PROCEDURE FOR
REQUESTING A REBATE OF SUCH FEES
Whereas, Ordinance No. 58-93 granted to Interstate Power Company, its successors
and assigns (the Company) a franchise to maintain and operate an electrical system in
the City of Dubuque, Iowa; and
Whereas, Alliant Energy is the successor to Interstate Power Company; and
Whereas, Ordinance No. 58-93 authorized the City Council to impose a franchise fee
not to exceed 3% of the gross revenue of the Company generated from the sale of
electricity within the city; and
Whereas, Ordinance No. 58-03, as amended by Ordinance No. 75-03, imposed upon
the Company a fee equal to 2% of the gross revenue generated from the sale of
electricity within the city and stated that certain sales were exempt from the fee and that
a procedure for the rebate of such exempt fees would be provided but did not establish
a procedure for requesting such rebates; and
Whereas, Ordinance No. 58-03, as amended by Ordinance No. 7-10, increased the
fee to 3% of the gross revenue generated from the sale of electricity within the city; and
Whereas, certain customers of the Company did not request a rebate of such fees
until December of 2013; and
Whereas, the City Council of the City of Dubuque finds that the delay in requesting a
rebate is not a reasonable period of time and that it is not in the bests interests of the
citizens of the City of Dubuque to honor such requests; and
Whereas, the City Council finds that a reasonable period of time in which to request a
rebate is in the fiscal year in which a customer pays such fees to the Company; and
Whereas, the City Council intends to amend the franchise fee ordinance as set forth
in the proposed Ordinance attached hereto; and
Whereas, the City Council has determined that a public hearing should be set to
determine whether it is in the best interests of the City of Dubuque to adopt the
proposed Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on the proposed
Ordinance in the City Council Chambers at the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, on Monday, February 3, 2014, beginning at 6:30 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish
notice of the public hearing in the form attached hereto, according to law.
Passed, approved and adopted this 21st day of January, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Franchise Fee Ordinance Amendment - Black Hills Energy: City Manager
recommending that a Public Hearing be set for February 3, 2014, to amend the
12
Franchise Fee Ordinances with Black Hills Energy. Upon motion the documents were
received and filed and Resolution No. 18-14 Setting a Public Hearing on a proposed
ordinance Amending The Franchise Fee Ordinances under the City's Gas Franchise
with Black Hills Energy by repealing Section 3 of Ordinance No. 59-03 And Section 3 of
Ordinance No. 76-03 Providing For A Rebate of Franchise Fees For Exempt Sales of
Natural and Mixed Gas to Customers of Peoples Natural Gas, Its Successors and
Assigns and Establishing a Procedure for Requesting a Rebate of Such Fees was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 3,
2014 in the Historic Federal Building.
RESOLUTION NO. 18-14
SETTING A PUBLIC HEARING ON A PROPOSED ORDINANCE AMENDING THE
FRANCHISE FEE ORDINANCES UNDER THE CITY'S GAS FRANCHISE WITH
BLACK HILLS ENERGY BY REPEALING SECTION 3 OF ORDINANCE NO. 59-03
AND SECTION 3 OF ORDINANCE NO. 76-03 PROVIDING FOR A REBATE OF
FRANCHISE FEES FOR EXEMPT SALES OF NATURAL AND MIXED GAS TO
CUSTOMERS OF PEOPLES NATURAL GAS, ITS SUCCESSORS AND ASSIGNS
AND ESTABLISHING A PROCEDURE FOR REQUESTING A REBATE OF SUCH
FEES
Whereas, Ordinance No. 43-93 granted to Peoples Natural Gas Company (the
Company), its successors and assigns, a franchise to maintain and operate a gas
distribution system in the City of Dubuque, Iowa; and
Whereas, Black Hills Energy is the successor to Peoples Natural Gas Company; and
Whereas, Ordinance No. 43-93 authorized the City Council to impose a franchise fee
not to exceed 3% of the gross revenue of the Company generated from the sale of
natural and mixed gas within the city; and
Whereas, Ordinance No. 59-03, as amended by Ordinance No. 76-03, imposed upon
the Company a fee equal to 2% of the gross revenue generated from the sale of natural
and mixed gas within the city and stated that certain sales were exempt from the fee
and that a procedure for the rebate of such exempt fees would be provided but did not
establish a procedure for requesting such rebates; and
Whereas, Ordinance No. 59-03, as amended by Ordinance No. 8-10, increased the
fee to 3% of the gross revenue generated from the sale of natural and mixed gas within
the city; and
Whereas, certain customers of the Company did not request a rebate of such fees
until December of 2013; and
Whereas, the City Council of the City of Dubuque finds that the delay in requesting a
rebate is not a reasonable period of time and that it is not in the best interests of the
citizens of the City of Dubuque to honor such requests; and
Whereas, the City Council finds that a reasonable period of time in which to request a
rebate is in the fiscal year in which a customer pays such fees to the Company; and
Whereas, the City Council intends to amend the franchise fee ordinances as set forth
in the proposed Ordinance attached hereto; and
Whereas, the City Council has determined that a public hearing should be set to
determine whether it is in the best interests of the City of Dubuque to adopt the
proposed Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
13
Section 1. That the City Council shall conduct a public hearing on the proposed
Ordinance in the City Council Chambers at the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, on Monday, February 3, 2014, beginning at 6:30 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish
notice of the public hearing in the form attached hereto, according to law.
Passed, approved and adopted this 21st day of January, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Franchise Fee Ordinance Amendment - Maquoketa Valley Electric Cooperative:
City Manager recommending that a Public Hearing be set for February 3, 2014, to
amend the Franchise Fee Ordinances with Maquoketa Valley Electric Cooperative.
Upon motion the documents were received and filed and Resolution No. 19-14 Setting a
Public Hearing on a proposed ordinance Amending the Franchise Fee Ordinances
under the City's Electric Franchise with Maquoketa Valley Electric Cooperative by
repealing the third unnumbered paragraph of Section 23 of Ordinance No. 20-04
Providing for a Rebate of Franchise Fees for Exempt Sales of Electricity to Customers
of Maquoketa Valley Electric Cooperative, its Successors and Assigns, and Establishing
a Procedure for Requesting a Rebate of Such Fees was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on February 3, 2014 in the Historic
Federal Building.
RESOLUTION NO. 19-14
SETTING A PUBLIC HEARING ON A PROPOSED ORDINANCE AMENDING THE
FRANCHISE FEE ORDINANCES UNDER THE CITY'S ELECTRIC FRANCHISE WITH
MAQUOKETA VALLEY ELECTRIC COOPERATIVE BY REPEALING THE THIRD
UNNUMBERED PARAGRAPH OF SECTION 23 OF ORDINANCE NO. 20-04
PROVIDING FOR A REBATE OF FRANCHISE FEES FOR EXEMPT SALES OF
ELECTRICITY TO CUSTOMERS OF MAQUOKETA VALLEY ELECTRIC
COOPERATIVE, ITS SUCCESSORS AND ASSIGNS, AND ESTABLISHING A
PROCEDURE FOR REQUESTING A REBATE OF SUCH FEES
Whereas, Ordinance No. 20-04 granted to Maquoketa Valley Electric Cooperative, its
successors and assigns (the Company) a franchise to maintain and operate an
electrical system in the City of Dubuque, Iowa; and
Whereas, Ordinance No. 20-04, imposed upon the Company a fee equal to 2% of the
gross revenue generated from the sale of electricity within the city and stated that
certain sales were exempt from the fee and that a procedure for the rebate of such
exempt fees would be provided but did not establish a procedure for requesting such
rebates; and
Whereas, Ordinance No. 20-04, as amended by Ordinance No. 9-10, increased the
fee to 3% of the gross revenue generated from the sale of electricity within the city; and
Whereas, the City Council finds that a reasonable period of time in which to request a
rebate is in the fiscal year in which a customer pays such fees to the Company; and
Whereas, the City Council intends to amend the franchise fee ordinances as set forth
in the proposed Ordinance attached hereto; and
Whereas, the City Council has determined that a public hearing should be set to
determine whether it is in the best interests of the City of Dubuque to adopt the
proposed Ordinance.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
14
Section 1. That the City Council shall conduct a public hearing on the proposed
Ordinance in the City Council Chambers at the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, on Monday, February 3, 2014, beginning at 6:30 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish
notice of the public hearing in the form attached hereto, according to law.
Passed, approved and adopted this 21st day of January, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their application for
appointment to the following boards/commissions:
1. Community Development Advisory Commission: Two, 3 -year terms through
February 15, 2014 (Expiring terms of Craddieth, Michalski) Applicants: Janice
Craddieth, 1455 Washington St.; and Ann Michalski, 1520 Altura Dr.
2. Sister City Relationship Advisory Commission: Four, 3 -year terms through
February 1, 2014 (Expiring terms of Castaneda, Felderman, Landis and Ward)
Applicants: Sheila Castaneda, 1014 Dunham Dr.; Robert Felderman, 241 Southgate
Dr.; Dick Landis, 2390 Clarke Crest Dr.; and Annalee Ward, 2758 Tiffany Ct. Mr. Landis
spoke in support of his reappointment and that of the other applicants.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
1. Request to Rezone - 1060 Edina Street: Proof of publication on notice of public
hearing to consider a request by John & Angie Long; Ron & Denise Reeg to rezone
property at located at 1060 Edina (Parcels 10-23-477-006 & 10-23-477-007) from R-1,
Single Family Residential Zoning District, to R-2, Two -Family Residential Zoning District
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 Resnick. Motion failed 5-1 with
Resnick voting nay. Council Member Resnick took exception with the request
comparing it against the Washington Street Neighborhood.
Motion by Jones to consider the first reading of a proposed ordinance amending Title
16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 1060 Edina from R-1 Single -
Family Residential District to R-2 Two -Family Residential District. Seconded by Braig.
Planning Services Laura Carstens provided a staff report. Motion carried 5-1 with
Resnick voting nay.
2. Request to Rezone - 1857 Miller Road: Proof of publication on notice of public
hearing to consider a request by Thomas L. Henschel to rezone property located at
1857 Miller Road (Parcels 15-02-204-010 & 15-02-129-024) from R-1, Single -Family
Residential Zoning District, to AG, Agriculture Zoning District 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
15
voted on for passage at two Council meetings prior to the meeting at which it is to be
passed be suspended. Seconded by Braig. Planning Services Laura Carstens provided
a staff report. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 5-14
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located at 1857 Miller Road from
R-1 Single Family Residential District to AG Agricultural District. Seconded by Braig.
Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 5-14
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES,
UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 1857 MILLER ROAD FROM R-1 SINGLE- FAMILY
RESIDENTIAL DISTRICT TO AG AGRICULTURAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified
Development Code, is hereby amended by reclassifying the hereinafter -described
property from R-1 Single -Family Residential District to AG Agricultural District, to wit:
Lot 2 of Henschel's Hidden Acres and a portion of Lot 1 of Double H Hidden
Acres, and to the centerline of the adjoining public right-of-way, all in the City of
Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication, as provided
by law.
Passed, approved and adopted this 21st day of January, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph -Herald newspaper on the 24th day of January,
2014
/s/Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1. Weis Grocery - 400 East 22nd Street: Assistant City Attorney Crenna Brumwell
recommending Approval of the "Offer to Buy Real Estate and Acceptance" of real
property located at 400 East 22nd Street. Motion by Braig to receive and file the
documents and adopt Resolution No. 20-14 Approving the acquisition of real estate
owned by the Four Mounds Foundation in the City of Dubuque. Seconded by Jones.
Responding to questions from the City Council, City Manager Van Milligen identified a
funding source, and Police Chief Mark Dalsing addressed questions about location and
budget. Motion carried 6-0.
RESOLUTION NO. 20-14
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY THE FOUR
MOUNDS FOUNDATION IN THE CITY OF DUBUQUE
16
Whereas, Four Mounds Foundation intends to acquire certain real estate legally
described as follows (the Property):
Lot One (1) of Lot One (1) of Lot Twelve (12) in L. Kniest's Subdivision of part of
Mineral Lot 314 in the City of Dubuque, Iowa according to the recorded plats
thereof; and
Whereas, the City of Dubuque desires to acquire the Property which is located near
the area of the Bee Branch Creek Restoration Project for stormwater mitigation
activities; and
Whereas, an Offer to Buy and Acceptance has been negotiated with Four Mounds
Foundation subject to acquisition of the Property by Four Mounds Foundation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the
Offer to Buy Real Estate and Acceptance attached hereto.
Section 2. That the City of Dubuque be and is hereby authorized to accept a
Warranty Deed to the Property upon satisfaction of the terms of the Offer to Buy and
Acceptance.
Passed, approved and adopted this 21st day of January, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Community Development Advisory Commission Purchase of Service Grant
Ranking Summary: City Manager transmitting the Fiscal Year 2015 Purchase of Service
recommendations as submitted by the Community Development Advisory Commission.
Motion by Braig to receive and file the documents and refer to the City Manager.
Seconded by Jones. City Manager Van Milligen stated that the funding requests may
change through the budget process and that the Council could consider changing the
process whereby it identifies the funding amount first then determines the distribution.
Motion carried 6-0.
3. Request for Work Session - Community Engagement Plan: City Manager
recommending setting a work session for the amended date of April 7 at 5:00 p.m. on
the community engagement plans moving forward. Motion by Jones to set the wok
session recommended Seconded by Connors. Motion carried 6-0.
4. Request for Work Session - Convention and Visitors Bureau Budget: City Manager
recommending setting a work session for the amended date of March 3, 2014 at 5:30
p.m. to discuss the Dubuque Convention and Visitors Bureau budget. Motion by Braig to
set the work session as recommended. Seconded by Resnick. Motion carried 6-0.
COUNCIL MEMBER REPORTS
Council Member Jones requested and received Council consensus on placing a
resolution to Congress overturning United America related to campaign funding on a
future agenda.
There being no further business, upon motion the City Council adjourned at 7:08 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
17