3 17 14 City Council Proceedings Official_Regular and SpecialCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in secial session at 5:30 p.m. on March 17, 2014 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, Assistant City Attorney Brumwell
Mayor Buol read the call at 5:34 p.m. and stated this is a special session of the City
Council called for the purpose of conducting a work session on the status of Greyhound
racing legislation.
WORK SESSION
Status of Greyhound Racing Legislation
Assistant City Manager Teri Goodmann, Mystique Casino President/CEO Jesus
Aviles, Dubuque Racing Association Board Member Rick Dickinson, and
CEO/COO/President of Dubuque Area Chamber of Commerce Molly Grover provided a
slide presentation on the status of Greyhound racing legislation. Topics included:
• Racing history
• Legislative status
• Business Case
• Glossary of Terms
• History of track racing; Dubuque and nationally
• Purse from live handle and percent of handle
• Casino purse supplement
• Additional Cost to Operations
• Net income/loss from Greyhound operations
• Opportunity costs
• Charitable Distribution vs. Supplemental Purse
• Contributions to City
• Memorandum of Understanding with Machinists Union
• Purse payment by state and recipients
• Impact on Jobs and charitable contributions
The City Council had discussion with the presenters following the presentation.
There being no further business, upon motion the City Council adjourned at 6:13 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on March 17, 2014 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, Assistant City Attorney Brumwell
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.
PROCLAMATION(S)
Autism Awareness Month (April 2014) was accepted by Mary Santjer, 2955 Arbor
Hills Drive.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Connors. Item #17 Progressive Processing, LLC —
2nd Amendment to Development Agreement was pulled for separate discussion at the
request of the City Manager. Motion carried 7-0.
1. Minutes and Reports Submitted: Airport Commission of 2/24; Cable TV Commis-
sion of 1/8, Community Development Advisory Commission of 2/19; City Council Pro-
ceedings of March 3 and 5; Civil Service Commission of 2/26; Historic Preservation
Commission of 2/20; Library Board of Trustees of 1/23 and 2/6; Library Board of Trus-
tees Report of 2/27; Long Range Planning Advisory Commission of 2/29; Sister City Re-
lationships Advisory Commission of 2/10, Zoning Advisory Commission of 3/5; Proof of
publication for City Council Proceedings of February 17, 18, 20, and 24; Proof of publi-
cation for List of Claims and Summary of Revenues for Month Ended 1/31. Upon motion
the documents were received and filed.
2. Notice of Claims and Suits: Ainsley Billesbach for vehicle damage, Kimberly Brad-
ley for personal injury, Nikolas Britton vs. City of Dubuque for malpractice allegation,
Joseph Jacobsmeier for property damage, Janann Oertel for property damage, Premier
Linen for property damage, Joan Reimer for property damage. Upon motion the docu-
ments were received, filed and referred to the 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 As-
surance Pool: Ainsley Billesbach for vehicle damage, Kimberly Bradley for personal in-
jury, Nikolas Britton for malpractice allegation, Barbara Erickson for personal injury,
Wayne Heim for vehicle damage, Julie Houselog for vehicle damage, Miguel Jackson
for vehicle damage, Joseph Jacobsmeier for property damage, Michael Mahoney/State
Farm for vehicle damage, Janann Oertel for property damage, Premier Linen for proper-
ty damage, Joan Reimer for property damage. Upon motion the documents were re-
ceived, filed and concurred.
4. Site Selection Magazine - Dubuque Business Growth and Expansion Projects:
Greater Dubuque Development Corporation submitting information and an article from
Site Selection Magazine referencing Dubuque's top metro ranking for 14 business
growth and expansion projects. Upon motion the documents were received and filed.
5. AmeriCorps VISTA Project Application: City Manager recommending approval of
an AmeriCorps VISTA Project Application e -filed with the Corporation of National and
Community Service for four VISTA positions to assist with the third grade reading initia-
tive. Upon motion the documents were received, filed and approved.
6. Final Plat - Mt. Vernon Court: Zoning Advisory Commission recommending ap-
proval of the Final Plat for Mt. Vernon Court, Plat 2. Upon motion the documents were
received and filed and Resolution No. 72-14 Approving the Final Plat Mount Vernon
Court Plat 2 in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 72-14
APPROVING THE FINAL PLAT MOUNT VERNON COURT PLAT 2 IN THE CITY OF
DUBUQUE, IOWA.
Whereas, there has been filed with the City Clerk the Final Plat Mount Vernon Court
Plat 2 in the City of Dubuque, Iowa; and
Whereas, said Final Plat has been examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said Final Plat 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 the Final Plat Mount Vernon Court Plat 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.
Passed, approved and adopted this 17th day of March, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Final Plat - Dubuque Harbor Company Addition: Zoning Advisory Commission rec-
ommending approval of the Final Plat for Dubuque Harbor Company Addition. Upon
motion the documents were received and filed and Resolution No. 73-14 Approving the
Final Plat of Lot 4A, Lot 4B, and Lot 4C, Block 1 of Dubuque Harbor Company Addition
to the city of Dubuque, Iowa, Dubuque County, Iowa, was adopted.
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RESOLUTION NO. 73-14
APPROVING FINAL PLAT OF LOT 4A, LOT 4B, AND LOT 4C, BLOCK 1 OF DUBU-
QUE HARBOR COMPANY ADDITION TO THE CITY OF DUBUQUE, IOWA, DUBU-
QUE COUNTY, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a Final Plat dated the 3rd day of January, 2012, prepared by IIW, P.C., dividing Lot 1A,
Lot 1B, Lot 1C, Lot 3A, and Lot 3B, Block 1 of Dubuque Harbor Company Addition to
the City of Dubuque, Iowa to be hereinafter known as Lot 4A, Lot 4B, and Lot 4C, Block
1 of Dubuque Harbor Company Addition to the City of Dubuque, Iowa; and
Whereas, said Final Plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Final Plat dated the 3rd day of January, 2012, prepared by IIW,
P.C. relative to the real estate hereinabove described be and the same is hereby ap-
proved, and the Mayor and City Clerk be and they are hereby authorized and directed to
execute said Final Plat for and on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby authorized and directed to file said
Final Plat and certified copy of this resolution in the office of the Recorder in and for
Dubuque County, Iowa.
Passed, approved and adopted this 17th day of March, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Property Acquisition - 460 E. 18th Street: City Manager recommending approval to
acquire 460 E. 18th Street from Phillip L. Mihalakis and Steven M. Lampe, partners in
Marde Enterprises as part of the acquisition program associated with the Bee Branch
Creek Restoration Project. Upon motion the documents were received and filed and
Resolution No. 74-14 Approving the acquisition of real estate owned by Phil L. Mihalakis
and Steven M. Lampe, D/B/A Marde Enterprises, in the City of Dubuque was adopted.
RESOLUTION NO. 74-14
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY PHIL L. MIHALA-
KIS AND STEVEN M. LAMPE, D/B/A MARDE ENTERPRISES, IN THE CITY OF
DUBUQUE
Whereas, the City of Dubuque intends to acquire certain real estate located immedi-
ately adjacent to the area of the Bee Branch Creek Restoration Project for stormwater
mitigation activities as recommended in the 2001 "Drainage Basin Master Plan" as
amended in 2013; and
Whereas, this certain real estate is not currently part of or located within the Bee
Branch Creek Restoration Project; and
Whereas, the owners of this certain real estate approached the City of Dubuque vol-
untarily and proposed that the City of Dubuque acquire the property for possible future
addition to, but not currently as part of, the Bee Branch Creek Restoration Project; and
Whereas, the 2008 Dubuque Comprehensive Plan's Transportation Goals calls for
the establishment of improved hike and bike routes in the City to encourage alternative
modes of transportation; and
Whereas, the acquisition of the property would provide space for the construction of a
hike/bike path connection between the 26 -mile Heritage Trail and the City's 14 -mile
Mississippi Riverfront trail system; and
Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the
City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by
the City of Dubuque through its exercise of the power of eminent domain under Chapter
6B of the Code of Iowa; and
Whereas, a purchase agreement has been finalized with the owners of the real es-
tate scheduled for acquisition and an Acknowledgment of Voluntary Negotiation has
been executed by the owner.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa hereby approves the acquisition of the fol-
lowing legally described real estate:
Lot 1 of Marde Place, at the cost of Two Hundred Ninety Thousand and 00/100
Dollars ($290,000.00).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Warran-
ty Deed from the owners, conveying the owner's interest to the City of Dubuque, Iowa
for the herein described real estate.
Section 3. That the City Clerk be and is hereby authorized and directed to cause said
Warranty Deed to be recorded in the office of the Dubuque County Recorder, together
with a certified copy of this resolution.
Section 4. That the City Clerk be and is hereby directed to forward a copy of this res-
olution to the Dubuque County Assessor and the Dubuque County Auditor.
Passed, approved and adopted this 17th day of March, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Iowa Department of Transportation (IDOT) Cooperative Agreement for Primary
Road Project: City Manager recommending approval of the Iowa Department of Trans-
portation Cooperative Agreement for Primary Road Project for the White Street HMA
Resurfacing with Milling Project, from 11th to 21st Street. Upon motion the documents
were received and filed and Resolution No. 75-14 Approving the Iowa Department of
Transportation Cooperative Agreement for Primary Road Project (Agreement No. 2014-
16-271) for the White Street HMA Resurfacing With Milling Project, from 11th to 21st
Street was adopted.
RESOLUTION NO. 75-14
APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION COOPERATIVE
AGREEMENT FOR PRIMARY ROAD PROJECT (AGREEMENT NO. 2014-16-271)
FOR THE WHITE STREET HMA RESURFACING WITH MILLING PROJECT, FROM
11TH TO 21ST STREET
Whereas, the City of Dubuque is proceeding with the White Street HMA Resurfacing
with Milling Project, from 11th to 21st Street; and
Whereas, White Street is located on US Highway 52 and is under the jurisdiction of
the Iowa Department of Transportation; and
Whereas, the White Street HMA Resurfacing with Milling Project, from 11th to 21st
Street, will involve the: milling; transverse and longitudinal joint repair; pavement sub -
5
base repair and patching; HMA resurfacing of both thru lanes and parking areas; spot
curb, driveway, and sidewalk replacement; storm sewer intake reconstruction; installa-
tion of ADA pedestrian ramps; water main improvements; and traffic signal improve-
ments; and
Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the use
of State funds for eligible construction costs for the White Street HMA Resurfacing with
Milling Project, from 11th to 21st Street.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Iowa DOT Cooperative Agreement for Primary Road Project
(Agreement 2014-16-271) between the City of Dubuque and the Iowa Department of
Transportation be hereby approved for the White Street HMA Resurfacing with Milling
Project, from 11th to 21st Street.
Section 2. That the Mayor be authorized and directed to execute two copies of Iowa
DOT Cooperative Agreement for Primary Road Project (Agreement 2014-16-271) for
the White Street HMA Resurfacing with Milling Project, from 11th to 21st Street.
Passed, approved and adopted this 1711h day of March, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. SW Arterial Supplemental Agreement No. 13: City Manager recommending ap-
proval of the Consultant Professional Services Supplemental Agreement with AECOM
Technical Services, Inc. to include the completion of right-of-way property acquisition for
the Southwest Arterial Project, subject to the concurrence of the Iowa Department of
Transportation. Upon motion the documents were received and filed and Resolution No.
76-14 Approving the Consultant Professional Services -Supplemental Agreement No. 13
between AECOM Technical Services, Inc. and the City of Dubuque for the completion of
right-of-way property acquisition for the Southwest Arterial Project was adopted.
RESOLUTION NO. 76-14
APPROVING THE CONSULTANT PROFESSIONAL SERVICES -SUPPLEMENTAL
AGREEMENT NO. 13 BETWEEN AECOM TECHNICAL SERVICES, INC. AND THE
CITY OF DUBUQUE FOR THE COMPLETION OF RIGHT-OF-WAY PROPERTY AC-
QUISITION FOR THE SOUTHWEST ARTERIAL PROJECT
Whereas, the City of Dubuque is proceeding with the Southwest Arterial Project, from
U.S. Highway 20 to U.S. Highway 151/61, in Dubuque, Iowa; and
Whereas, based on recent staffing level changes at the Iowa Department of Trans-
portation (Iowa DOT) Office of Right -of -Way, the Iowa DOT informed the City that they
will no longer be able to assist the City with services for right-of-way property acquisition
for the Southwest Arterial Project; and
Whereas, as a result, the City has elected to modify the original AECOM Consultant
Professional Services contract to include retaining the services of JCG Land Services to
provide right-of-way property acquisition services to continue to advance the completion
of the Southwest Arterial Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Consultant Professional Services - Supplemental Agreement No.
11 between AECOM Technical Services, Inc. and the City of Dubuque for the comple-
tion of right-of-way property acquisition for the Southwest Arterial project is hereby ap-
proved, subject to the concurrence of the Iowa Department of Transportation.
Section 2. That the Mayor be authorized and directed to execute three copies of said
Consultant Professional Services - Supplemental Agreement with AECOM Technical
Services, Inc. for the completion of right-of-way property acquisition for the Southwest
Arterial project.
Passed, approved and adopted this 17th day of March, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Circles@ USA Contract: City Manager recommending approval of a contract with
Circles® USA for consulting services for the Circles Initiative for the contract year April
1, 2014 through March 31, 2015. Upon motion the documents were received, filed and
approved.
12. Collective Bargaining Agreement - Teamsters Local 120: City Manager recom-
mending approval of a three-year collective bargaining agreement with the Teamsters
Local Union No. 120. Upon motion the documents were received and filed and Resolu-
tion No. 77-14 Approving the agreement between the City of Dubuque, Iowa, and the
Teamsters Local Union No. 120 and authorizing the Mayor to sign the agreement was
adopted.
RESOLUTION NO. 77-14
APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND
THE TEAMSTERS LOCAL UNION NO. 120 AND AUTHORIZING THE MAYOR TO
SIGN THE AGREEMENT
Whereas, the Sixty -Fifth General Assembly adopted the Public Employment Rela-
tions Act, Chapter 20, Code of Iowa; and
Whereas, the City of Dubuque is a public employer within the meaning of Section 3
(1) of the Public Employment Relations Act; and
Whereas, the Teamsters Local Union No. 120 is an employee organization within the
meaning of Section 3 (4) of the Public Employment Relations Act; and
Whereas, the Teamsters Local Union No. 120 (Bus Operators), submitted a request
to bargain collectively on behalf of the employees within its representation; and
Whereas, bargaining between the parties has occurred and an agreement has been
concluded.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the terms of the agreement be approved and the Mayor authorized
and directed to sign the collective bargaining agreement.
Passed, approved and adopted this 17th of March, 2014.
Attest: Kevin S. Firnstahl, City Clerk
7
Roy D. Buol, Mayor
13. Collective Bargaining Agreement - Teamsters Local Union 120 (Bus Operators):
City Manage recommending approval of a three-year collective bargaining agreement
with the Teamsters Local Union No. 120 (Bus Operators). Upon motion the documents
were received and filed and Resolution No. 78-14 Approving the agreement between
the City of Dubuque, Iowa, and the Teamsters Local Union No. 120 (Bus Operators)
and authorizing the Mayor to sign the agreement was adopted.
RESOLUTION NO. 78-14
APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND
THE TEAMSTERS LOCAL UNION NO. 120 (BUS OPERATORS) AND AUTHORIZ-
ING THE MAYOR TO SIGN THE AGREEMENT
Whereas, the Sixty -Fifth General Assembly adopted the Public Employment Rela-
tions Act, Chapter 20, Code of Iowa; and
Whereas, the City of Dubuque is a public employer within the meaning of Section 3
(1) of the Public Employment Relations Act; and
Whereas, the Teamsters Local Union No. 120 (Bus Operators) is an employee or-
ganization within the meaning of Section 3 (4) of the Public Employment Relations Act;
and
Whereas, the Teamsters Local Union No. 120 (Bus Operators), submitted a request
to bargain collectively on behalf of the employees within its representation; and
Whereas, bargaining between the parties has occurred and an agreement has been
concluded.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the terms of the agreement be approved and the Mayor authorized
and directed to sign the collective bargaining agreement.
Passed, approved and adopted this 17th of March, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Iowa 32 Bike/Hike Trail LWCF Grant Application: City Manager recommending
approval to submit a 2014 Land and Water Conservation Fund (LWCF) grant applica-
tion to the Iowa Department of Natural Resources for Phase 4 of the Iowa 32 Bike/Hike
Trail. Upon motion the documents were received and filed and Resolution No. 79-14
Authorizing LWCF Grant Application to Iowa Department of Natural Resources for
Phase 4 of the Iowa 32 Bike/Hike Trail was adopted.
RESOLUTION NO. 79-14
AUTHORIZING LWCF GRANT APPLICATION TO IOWA DEPARTMENT OF NATU-
RAL RESOURCES FOR PHASE 4 OF THE IOWA 32 BIKE/HIKE TRAIL
Whereas, the Iowa Department of Natural Resources has allocated grant funds in the
LWCF (Land and Water Conservation Fund) Program for the development of bike/hike
trails; and
Whereas, the City of Dubuque has adopted the 2008 Comprehensive Pian that in-
cludes goals for development of bike/hike trails; and
Whereas, the City of Dubuque has adopted the 2008 Tri-State Trail Plan that in-
cludes Phase 4 of the Iowa 32 Bike/Hike Trail as a High Priority project.
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 Manag-
er is hereby authorized to submit an application to the Iowa Department of Natural Re-
sources for LWCF funds for Phase 4 of the Iowa 32 Bike/Hike Trail.
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 17th day of March, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Swift Water Adventure Tours - Docking Agreement: City Manager recommending
approval of a docking agreement with Swift Water Adventure Tours to embark and dis-
embark passengers at the Port of Dubuque Marina. Upon motion the documents were
received, filed and approved.
16. Global Green USA Partnership Agreement: City Manager recommending approv-
al of a Partnership Agreement between Global Green USA and the City of Dubuque to
collaborate on advancing the City of Dubuque's sustainability goals and objectives
through the delivery of technical assistance funded by a grant from the Environmental
Protection Agency's Building Blocks for Sustainable Communities Program. Upon mo-
tion the documents were received, filed and approved.
17. Progressive Processing, LLC - 2nd Amendment to Development Agreement: City
Manager recommending approval of the 2"d Amendment to the Development Agree-
ment with Progressive Processing, LLC, in order to provide an additional two years of
TIF extended over the course of five years (at 40% per year), with the requirement of
the addition of 91 jobs. Motion by Jones to receive and file, approve the recommenda-
tion and adopt Resolution No. 80-14 Approving the Second Amendment to Develop-
ment Agreement between the City of Dubuque, Iowa and Progressive Processing, LLC.
City Manager Van Milligen provided explanatory information and an updated memoran-
dum. Seconded by Resnick. Motion carried 7-0.
RESOLUTION NO. 80-14
APPROVING THE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE, IOWA AND PROGRESSIVE PROCESSING, LLC
Whereas, the City of Dubuque, Iowa (City) and Progressive Processing, LLC entered
into a Development Agreement (the Development Agreement) dated for reference pur-
poses the 21' day of April, 2008; and
Whereas, the Development Agreement erroneously named Progressive Packaging,
LLC as the Developer, and the correct name of the Developer is Progressive Pro-
cessing, LLC; and
Whereas, Progressive Processing, LLC intends to expand its business in Dubuque
by adding equipment to its facility in Dubuque Industrial Center West; and
Whereas, City has agreed to provide Progressive Processing, LLC additional tax in-
crement finance payments in consideration for its expansion of its business; and
9
Whereas, City and Progressive Processing, LLC now desire to amend the Develop-
ment Agreement as set forth in the Second Amendment to Development Agreement at-
tached.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The Second Amendment to Development Agreement attached is hereby ap-
proved.
2. The Mayor is hereby authorized and directed to sign the Second Amendment to
Development Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 17th day of March, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18. TriState Quality Metals, LLC - Contract Amendment No. 1: City Manager recom-
mending approval of a Contract Amendment and Assignment to the existing Economic
Development Assistance Contract by TriState Quality Metals, LLC, the City of Dubuque,
and the Iowa Economic Development Authority, allowing Wilming Investments, LLC to
be included as a party to the agreement. Upon motion the documents were received
and filed and Resolution No. 81-14 Authorizing the execution of a Contract Amendment
and Assignment to the Economic Development Assistance Contract by Tristate Quality
Metals, LLC, the City of Dubuque and the Iowa Economic Development Authority was
adopted.
RESOLUTION NO. 81-14
AUTHORIZING THE EXECUTION OF A CONTRACT AMENDMENT AND ASSIGN-
MENT TO THE ECONOMIC DEVELOPMENT ASSISTANCE CONTRACT BY TRI-
STATE QUALITY METALS, LLC, THE CITY OF DUBUQUE AND THE IOWA ECO-
NOMIC DEVELOPMENT AUTHORITY
Whereas, TriState Quality Metals, LLC, the Iowa Economic Development Authority,
and the City of Dubuque entered into an Economic Development Assistant Contract
with an award date of October 18, 2013; and
Whereas, TriState Quality Metals has agreed to the creation of additional jobs and a
capital investment through the construction of a new facility in Dubuque, Iowa; and
Whereas, representatives of TriState Quality Metals have requested that Wilming In-
vestments, LLC be added to the contract as the owner of the property and building
where the construction will take place; and
Whereas, the Iowa Economic Development Authority has prepared a Contract
Amendment and Assignment where all references to the business in the original con-
tract now include TriState Quality Metals, LLC and Wilming Investments, LLC; and
Whereas, the Iowa Economic Development Authority requires execution of the Con-
tract Amendment and Assignment by TriState Quality Metals, LLC, Wilming Invest-
ments, LLC, the City of Dubuque, and the Iowa Economic Development Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor is hereby authorized to execute and the City Manager is
hereby directed to submit the Contract Amendment and Assignment to the Economic
Development Assistance Contract to the Iowa Economic Development Authority togeth-
er with such documents as may be required.
Passed, approved, and adopted this 17th day of March, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Dubuque Terminals, Inc. - Amended and Restated Dove Hdrbor Lease Agree-
ment: City Manager recommending approval of the Amended and Restated Lease
Agreement with Dubuque Terminals, Inc. to incorporate changes in the lease rate and
leasable area, as well as to align terms with the existing Gavilon Grain, LLC lease in
Dove Harbor. Upon motion the documents were receive and filed and Resolution No.
82-14 Approving an amended and restated lease between the City of Dubuque, Iowa
and Dubuque Terminals, Inc. in Dove Harbor was adopted.
RESOLUTION NO. 82-14
APPROVING AN AMENDED AND RESTATED LEASE BETWEEN THE CITY OF
DUBUQUE, IOWA AND DUBUQUE TERMINALS, INC. IN DOVE HARBOR
Whereas, the City of Dubuque, Iowa (Lessor) and Dubuque Terminals, Inc. (Lessee)
entered into a Lease Agreement dated May 3, 2010 for approximately 6.13 acres near
Dove Harbor (the Original Lease Agreement); and
Whereas, Lessor notified Lessee of a lease rate modification to address a change in
leasable area and a reduction in the lease rate; and
Whereas, Lessor and Gavilon Grain, LLC have entered into a separate lease agree-
ment for approximately 7.87 acres of property adjacent to the Leased Premises of the
Original Lease Agreement; and
Whereas Gavilon Grain, LLC also plans to sublet from Lessee a portion of the
Leased Premises of the Original Lease Agreement; and
Whereas Gavilon Grain, LLC and Lessee have requested that the terms of the Origi-
nal Lease Agreement align with the terms of the Gavilon Grain, LLC lease prior to sub-
letting; and
Whereas in response to the request of Gavilon Grain, LLC, Lessor and Lessee desire
to amend and restate the terms of the Original Lease Agreement as set forth in the
[Provided] Amended and Restated Lease Agreement; and
Whereas, the City Council finds that it is in the best interest of the City of Dubuque to
approve the Amended and Restated Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE AS FOLLOWS:
Section 1. The Amended and Restated Lease Agreement is hereby approved.
Section 2. The Mayor and City Clerk are authorized and directed to execute the
Amended and Restated Lease Agreement.
Section 3. The City Manager is authorized and directed to take such further action as
may be necessary to implement the Amended and Restated Lease.
Passed, approved and adopted this 17th day of March, 2014.
Attest: Kevin S. Firnstahl, City Clerk
11
Roy D. Buol, Mayor
20. Fiscal Year 2015 Utility User Fees and Rates Brochure: City Manager transmit-
ting a brochure regarding Fiscal Year 2015 utility user fees and rates that is being dis-
tributed with City utility bills beginning with the March mailing cycle. Upon motion the
document was received and filed.
21. Green Alley Program Brochure: City Manager submitting the Green Alley Pro-
gram brochure being mailed to affected property owners that provides information on
green alleys and the Bee Branch Flood Mitigation Project. Upon motion the document
was received and filed.
22. Mediacom Communications Company: Correspondence from Mediacom Com-
munications Company advising the City of changes in programming and to digital and
high definition channels on or about April 15 and 22, 2014. Upon motion the document
was received and filed.
23. Alcohol Compliance Civil Penalty for Alcohol License Holders — Bar -X: City Man-
ager recommending approval of the Acknowledgment/Settlement Agreement for an al-
cohol compliance violation for Bar -X, 2616 Windsor Avenue. Upon motion the docu-
ments were received, filed and approved.
24. 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. 83-14 Approving applications for beer, liquor, and/or wine
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li-
cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses
and Permits was adopted.
RESOLUTION NO. 83-14
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 LIQ-
UOR, 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 ap-
proved; 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:
Dubuque Arboretum
Eagles Club
Renewal
3800 Arboretum Dr.
1175 Century Dr.
Class B Native Wine (Sunday)
Class C Liquor (Outdoor)
cSunday)
................ ........................
Exxtreme Pub
Hy -Vee #3
Hy -Vee Gas #3
Kwik Stop Food Mart
Mindframe Theaters
Mystique Casino
1701 Central Ave.
400 Locust St.
300 Locust St.
2360 Central Ave.
555 JFK #105
1855 Greyhound Park Dr.
Neighbor's Tap1899 Rockdale Rd.
Salsa's Mexican Rest. 1091 Main St.
Yardarm Restaurant/ Bar 1201 Shiras Ave., Exten.
Kwik Stop 16th St
Club Heat
(as of April..._ 1)._ .............__.
Passed, approved and adopted this 17.111 day of March, 2014..
Class C Liquor (Sunday)
Class E Liquor, Class B Wine,
Class C Beer (Sunday)
Class C Beer, Class B Native
Wine (Sunday)
Class E Liquor, Class B Native
Wine, Class C Beer (Sunday)
Special Class C Liquor
(Sunday) (Beer/Wine)
Class C Liquor (Catering)
(Outdoor) (Sunday)
Class C Liquor
Class C Liquor (Sunday)
Class C Liquor (Outdoor)
(Sunday)
New
1215 East 16th St. Class E Liquor, Class B Wine,
._..........._............................._.._Class .._CBeer (Sunday).....
Permanent Premise Transfer
From 1700 Central Ave. I Class C Liquor
to 1850 Central Ave.
Roy D. Buol, Mayor
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 7-0.
1. HMA Resurfacing Project - White Street from 11th Street to 21st Street: City Man-
ager recommending initiation of the public bidding procedure for the White Street HMA
Resurfacing with Milling Project from 11th Street to 21st Street, and further recommends
that a public hearing be set for April 7, 2014. Upon motion the documents were received
and filed and Resolution No. 84-14 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 was
adopted was adopted setting a public hearing for a meeting to commence at 6:30 p.m.
on April 7, 2014 in the Historic Federal Building.
RESOLUTION NO. 84-14
WHITE STREET HMA RESURFACING WITH MILLING PROJECT FROM 11TH TO
21ST STREET IOWA DOT PROJECT NO. NHSN-052-2(132)--2R-31 PRELIMINARY
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS,
13
FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVER-
TISEMENT 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 White
Street HMA Resurfacing with Milling Project, from 11t" to 21st Street, Iowa DOT Project
No. NHSN-052-2(132)--2R-31, in the estimated amount $1,306,632.53, are hereby pre-
liminarily approved and ordered filed in the office of the City Clerk for public inspection.
A public hearing will be held on the 7th day of April, 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 es-
timated cost of said Project, and the City Clerk be and is hereby directed to cause the
[Provided] 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 White Street HMA Resurfacing with Milling Project, from 11th to 21st Street, Iowa
DOT Project No. NHSN-052-2(132)--2R-31 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 im-
provements herein provided, by publishing the [Provided] Notice to Bidders to be pub-
lished 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 10th day of April, 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 21st day of April, 2014, in the Historic Federal Building Council
Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 17th day of March, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their application to the
following boards/commissions:
1. Sister City Relationships Advisory Commission: One, 3 -year term through Febru-
ary 1, 2017 (Vacant term of Filimonenko). Applicant: Richard Van Iten, 3273 Bittersweet
Ln. Mr. Van Iten spoke in support of his appointment.
Appointments to the following commission to be made at this meeting:
2. Housing Commission: One, 3 -year term through August 17, 2016 (Vacant term of
Root). Applicant: David Wall, 333 W. 17th St., Apt. #19. Motion by Braig to appoint Da-
vid Wall to a 3 -year term through August 17, 2016. Seconded by Resnick. Motion car-
ried. 7-0.
PUBLIC HEARINGS
1. Sale of Property at 2250 Washington: City Manager recommending re -approval of
a resolution and re -setting a public hearing for April 7, 2014, for the purpose of dispos-
ing of City -owned real estate at 2250 Washington Street to Jodie L. Evans. Motion by
Connors to receive and file the documents and adopt Resolution No. 92-14 Resolution
of Intention to dispose of City -owned property, specifically, Lot 1 Bee Branch Sub. No. 9
in the City of Dubuque, Iowa, according to the recorded Plat thereof — 2250 Washington
Street setting a public hearing for a meeting to commence at 6:30 p.m. on April 7, 2014
in the Historic Federal Building. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 92-14
INTENTION TO DISPOSE OF CITY -OWNED PROPERTY, SPECIFICALLY, LOT 1
BEE BRANCH SUB. NO. 9 IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO
THE RECORDED PLAT THEREOF — 2250 WASHINGTON STREET
Whereas, the City of Dubuque has obtained certain real property in connection with
the Bee Branch Creek Re -Alignment Project; and for purpose of its rehabilitation and re-
sale for owner -occupied housing; and
Whereas, the City received an offer to purchase this property from Jodie L. Evans;
and
Whereas, such purpose supports the Neighborhood Stabilization Program and Wash-
ington Neighborhood Revitalization strategy as approved by the City Council; and
Whereas, by accepting the selected offer the City's objectives of providing home-
ownership to an income qualified buyers and rehabilitation of a vacated home can be
realized.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa, intends to dispose of its interest in the fol-
lowing legally -described property:
"Lot 1 Bee Branch Sub. No. 9 in the City of Dubuque, Iowa, according to the rec-
orded plat thereof"
Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the
above described real estate to Jodie L. Evans for the sum of $116,000.
Section 3. That the City Clerk is hereby authorized and directed to cause this Resolu-
tion 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 Property, to be held on
the 7th day of April, 2014, at 6:30 o'clock p.m. at the Historic Federal Building, 350 West
6th Street, Dubuque, Iowa.
Passed, approved and adopted this 17th day of March, 2014.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
SUSPEND THE RULES
Upon motion the rules were suspended allowing anyone present to address the City
Council on the following items.
15
2. Request to Amend Institutional District - University of Dubuque: Proof of publica-
tion on notice of public hearing to consider a request by the University of Dubuque,
2255 Bennett Street, to amend the ID Institutional District on not needing a privacy
fence between 2224 Grace Street and 2255 Bennett Street and the Zoning Advisory
Commission recommending denial. Mayor Buol stated that as Director of Grounds
Maintenance for the University of Dubuque, he would recuse himself from the issue de-
spite being advised by the City Attorney that there was no conflict of interest. Mayor
Buol left the meeting at 6:43 p.m. with Mayor Pro Tem Resnick in the chair.
Motion by Jones to receive and file the documents and concur with the denial of a
proposed ordinance amending Title 16 of the City of Dubuque Code of Ordinances, Uni-
fied Development Code, by Providing for the Approval of an Amended Campus Devel-
opment Plan for the University of Dubuque ID Institutional District to Allow Removal of a
Privacy Fence Between 2224 Grace Street and 2255 Bennett Street. Seconded by
Connors. Jim Steiner, Director of Finance for the University of Dubuque reported on the
history of the initial project requiring the fence and addressed issues raised by the
Hoppmann family, which owns 2224 Grace Street. Planning Services Laura Carstens
provided staff report. Jean Hoppmann 2324 N. Menomonee River Parkway, spoke in
opposition to the proposed amendment and provided a response on behalf of the
Hoppmann family. Jim Hoppmann, 764 Coty Drive, spoke in opposition to the amend-
ment. Mr. Steiner provided a rebuttal. Motion to concur with the denial carried 6-0 with
Mayor Buol having recused himself. Mayor Buol returned to the meeting at 7:50 p.m.
3. SRF Green Alley Project - Bid Set 2: Proof of publication on notice of public hear-
ing to consider approval of plans, specifications, form of contract, and estimated cost for
the SRF Green Alley Bid Set 2 Project and adoption of the Resolution of Necessity and
the Preliminary Schedule of Assessments for this project, and the City Manager rec-
ommending approval. Motion by Jones to receive and file the documents and adopt
Resolution No. 85-14 Approval of plans, specifications, form of contract, and estimated
cost for the SRF Green Alley Bid Set 2 Project; Resolution No. 86-14 Resolution with
Respect to the adoption of the Resolution of Necessity proposed for the SRF Green Al-
ley Bid Set 2 Project; and Resolution No. 87-14 Approving Schedule of Assessments
and estimate of total cost for the SRF Green Alley Bid Set 2 Project. Seconded by
Braig. Jacob Long, 4604 Cardinal Drive spoke in opposition to the project on behalf of
residents of 1624 Rhomberg Avenue and distributed a handout of photos. City Engineer
Jon Dienst responded to questions from City Council relative to the photos. Motion car-
ried 7-0.
RESOLUTION NO. 85-14
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR THE SRF GREEN ALLEY BID SET 2 PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
SRF Green Alley Bid Set 2 Project, in the estimated amount $294,005.61, are hereby
approved.
Passed, adopted and approved this 17th day of March, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 86-14
RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NE-
CESSITY PROPOSED FOR THE SRF GREEN ALLEY BID SET 2 PROJECT
Whereas, the City Council has proposed a Resolution of Necessity for the SRF
Green Alley Bid Set 2 Project and has given notice of the public hearing thereon as re-
quired by law; and
Whereas, the public hearing has been held, all persons offering objections have been
heard and consideration given to all objections and is pending before this Council; and
Whereas, this is the time and place set as provided for the taking of action on the
proposed Resolution of Necessity.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed Resolution of Necessity described above is hereby
• adopted, without amendment, and all objections filed or made having been duly
considered are overruled.
Passed, adopted and approved this 17th day of March, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 87-14
APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST
FOR THE SRF GREEN ALLEY BID SET 2 PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached plat, schedule of assessments, and estimate of total cost for the
SRF Green Alley Bid Set 2 Project are hereby approved.
Passed, approved and adopted this 17th day of March, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. SRF Green AIIey Project - Bid Set 3: Proof of publication on notice of public hear-
ing to consider approval of the plans, specifications, form of contract and the estimated
cost for the SRF Green AIIey Bid Set 3 Project and adoption of the Resolution of Ne-
cessity and the Preliminary Schedule of Assessments for this project, and the City Man-
ager recommending approval. Motion by Braig to receive and file the documents and
adopt Resolution No. 88-14 Approval of plans, specifications, form of contract, and es-
timated cost for the SRF Green AIIey Bid Set 3 Project; Resolution No. 89-14 with re-
spect to the adoption of the Resolution of Necessity proposed for the SRF Green AIIey
Bid Set 3 Project; and Resolution No. 90-14 Approving Schedule of Assessments and
estimate of total cost for the SRF Green AIIey Bid Set 3 Project. Seconded by Jones.
Civil Engineer Jon Dienst responded to questions from City Council relative to the aver-
age monthly assessment per home prior to the application of any financial assistance.
Motion carried 7-0.
17
RESOLUTION NO. 88-14
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR THE SRF GREEN ALLEY BID SET 3 PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
SRF Green Alley Bid Set 3 Project, in the estimated amount $971,042.00, are hereby
approved.
Passed, adopted and approved this 17th day of March, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 89-14
RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NE-
CESSITY PROPOSED FOR THE SRF GREEN ALLEY BID SET 3 PROJECT
Whereas, the City Council has proposed a Resolution of Necessity for the SRF
Green Alley Bid Set 3 Project and has given notice of the public hearing thereon as re-
quired by law; and
Whereas, the public hearing has been held, all persons offering objections have been
heard and consideration given to all objections and is pending before this Council; and
Whereas, this is the time and place set as provided for the taking of action on the
proposed Resolution of Necessity.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed Resolution of Necessity described above is hereby:
• Adopted, without amendment, and all objections filed or made having been duly
considered are overruled.
Passed, adopted and approved this 17th day of March, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 90-14
APPROVING SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL COST
FOR THE SRF GREEN ALLEY BID SET 3 PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached plat, schedule of assessments, and estimate of total cost for the
SRF Green Alley Bid Set 3 Project are hereby approved.
Passed, approved and adopted this 17th day of March, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Request to Rezone - 2497 Jackson Street: Proof of publication on notice of public
hearing to consider a request by David Link to rezone property at 2497 Jackson Street
from R -2A Alternate Two -Family Residential to C-4, Downtown Commercial Zoning Dis-
trict and the Zoning Advisory Commission recommending approval subject to prohibiting
any outdoor storage. 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. Se-
conded by Resnick. Planning Services Manager Laura Carstens provided a staff report
and clarified that the exception does not include licensed, operable vehicles. Motion car-
ried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 24-14 Amend-
ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
Reclassifying Hereinafter Described Property Located at 2497 Jackson Street from R -
2A Alternate Two -Family Residential District to C-4 Downtown Commercial District with
Conditions. Seconded by Resnick. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 24-14
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 2497 JACKSON STREET FROM R -2A ALTERNATE
TWO-FAMILY RESIDENTIAL DISTRICT TO C-4 DOWNTOWN COMMERCIAL DIS-
TRICT WITH CONDITIONS
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 Devel-
opment Code, is hereby amended by reclassifying the hereinafter—described property
from R -2A Alternate Two -Family Residential District to C-4 Downtown Commercial Dis-
trict, with conditions, to wit:
Lot 1 Olinger's Subdivision, 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 Zon-
ing 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 17th day of March, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 21st day of March, 2014.
/s/Kevin S. Firnstahl, City Clerk
6. TriState Quality Metals - Development Agreement and Disposal of Real Estate:
Proof of publication on notice of public hearing to consider action on a Development
Agreement between and among the City of Dubuque, Wilming Investments, LLC and
TriState Quality Metals, LLC providing for the sale of real estate and the City Manager
recommending approval. Motion by Braig to receive and file the documents and adopt
Resolution No. 91-14 Approving a Development Agreement with Wilming Investments,
LLC and Tristate Quality Metals LLC providing for the sale of Lot 3 of Dubuque Industri-
al Center South First Addition in the City of Dubuque, Iowa. Seconded by Lynch. Motion
carried 7-0.
19
RESOLUTION NO. 91-14
APPROVING A DEVELOPMENT AGREEMENT WITH WILMING INVESTMENTS,
LLC AND TRISTATE QUALITY METALS LLC PROVIDING FOR THE SALE OF LOT
3 OF DUBUQUE INDUSTRIAL CENTER SOUTH FIRST ADDITITION IN THE CITY OF
DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 63-14, dated March 3, 2014, declared
its intent to enter into a Development Agreement with Wilming Investments, LLC and
TriState Quality Metals, LLC for the sale of Lot 3 of Dubuque Industrial Center South
First Addition (the Property); and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on March 17, 2014 at 6:30 p.m. in the City Council Chambers at the Historic
Federal building, 350 W. 6th Street, Dubuque, Iowa.; and
Whereas, it is the determination of the Council that approval of the Development
Agreement for the sale to and development of the Property by Wilming Investments,
LLC and TriState Quality Metals, 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 by and among the City of Dubuque,
Wilming Investments, LLC and TriState Quality Metals, LLC, including the sale of Lot 3
of Dubuque Industrial Center South First Addition, is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Devel-
opment Agreement on behalf of the City and City Clerk is authorized and directed to at-
test to his signature.
Section 3. That the Mayor and City Clerk are hereby authorized and directed to exe-
cute and deliver a Special Warranty Deed for the Property as provided in the Develop-
ment Agreement.
Section 4. That the City Manager is authorized to take such actions as are necessary
to comply with the terms of the Development Agreement as herein approved.
Passed, approved and adopted this 17th day of March, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Bishop Block - Disposal of Real Estate: Proof of publication on notice of public
hearing to consider approval of disposal of the alley behind lower Main Street from Lo-
cust Street Connector to West First Street and portion of West First Street via Quit
Claim Deed to Bishop's Block Limited Partnership and the City Manager recommending
approval. Motion by Connors to receive and file the documents and adopt Resolution
No. 93-14 Disposing of an Interest in City -owned real property by Quit Claim Deed to
Bishop's Block Limited Partnership. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 93-14
DISPOSING OF AN INTEREST IN CITY OWNED REAL PROPERTY BY QUIT CLAIM
DEED TO BISHOP'S BLOCK LIMITED PARTNERSHIP
Whereas, the City of Dubuque, Iowa (City) owns the following real property (the
Property):
Lot 4A, Block 1 of Dubuque Harbor Company Addition to the City of Dubuque, Iowa;
and
Whereas, the City approved vacation of the area in question in 1998 by Ordinance
76-98; and
Whereas, the vacated property was platted as a separate lot and by operation of law
the property did not automatically transfer to the abutting property owners following the
vacation by the City Council; and
Whereas, following discovery of this error a deed was given to F. Roger Murray in
furtherance of the original intent of vacating the property; however, no such deed was
given to Bishop's Block Limited Partnership; and
Whereas, the property has been re -platted and a deed needs to be given to Bishop's
Block Limited Partnership using the updated legal description; and
Whereas, on the 17th day of March, 2014, the City Council pursuant to notice pub-
lished as required by law, held a public hearing on its intent to dispose of the Property to
Bishop's Block Limited Partnership, and overruled all objections thereto; and
Whereas, the City Council finds that it is in the best interest of the City to approve the
transaction of the Property to Bishop's Block Limited Partnership.
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, approves the transfer of the
property via quit claim deed attached hereto to Bishop's Block Limited Partnership.
Section 2. The Mayor is hereby authorized and directed to execute a quit claim deed
conveying the City's interest to Bishop's Block Limited Partnership.
Passed, approved and adopted this 17th day of March, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Dubuque Intermodal Transportation Center: Proof of publication on notice of public
hearing to consider final approval of plans, specifications, form of contract, and estimat-
ed cost for Dubuque Intermodal Transportation Center Project and the City Manager
recommending approval. Motion by Braig to receive and file the documents and adopt
Resolution No. 94-14 Approval of plans, specifications, form of contract, and estimated
cost for Dubuque Intermodal Transportation Center. Seconded by Resnick. Motion car-
ried 7-0.
RESOLUTION NO. 94-14
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR DUBUQUE INTERMODAL TRANSPORTATION CENTER
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, and form of contract now on file in the Office
of the City Clerk and the estimated cost for the Dubuque Intermodal Transportation
Center in the estimated amount, $14,430,944 is hereby approved.
Passed, adopted and approved this 17th day of March, 2014.
Attest: Kevin S. Firnstahl, City Clerk
21
Roy D. Buol, Mayor
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1. Pre -Annexation Requirement Waiver Request - Jon Luckstead Plat: City Manager
recommending that a pre -annexation agreement be required for property at 10496
Ironwood Drive, which lies along U.S. Highway 61/151 and is adjacent to the Dubuque
city limits. Correspondence from Jon Luckstead requesting the City Council support his
request for a waiver and to address the City Council. Motion by Braig to receive and file
the documents and approve the recommendation.Seconded by Resnick. Mr. Luck -
stead, 3042 Echo Hills Drive, Bellevue, addressed the City Council about his concerns
with the agreement, the details regarding future assessments, its potential for prevent-
ing the sale of the property. City Manager Van Milligen stated that any assessments
would .be identical to any other property owner and that transitional property tax rates
are extended to annexed properties. Planning Services Laura Carstens and Assistant
City Attorney Crenna Brumwell responded to questions from the City Council stating
that the action of subdividing the lot triggered the annexation agreement as part of the
city/county fringe area policy and that the agreement applies to both parcels. Motion
carried 7-0.
2. Pre -Annexation Requirement Waiver Request - Loras Pape Plat: City Manager
recommending that a pre -annexation agreement be required for property at 10593 Lake
Eleanor Road, which lies along U.S. Highway 61/151 and is adjacent to the Dubuque
city limits. Motion by Braig to receive and file the documents and approve the recom-
mendation. Seconded by Jones. Assistant City Attorney Maurenn Quann reiterated that
the whole parcel is bound by the agreement. Motion carried 7-0.
3. Regulation of Payday Lenders: City Manager transmitting information on possible
zoning regulations for payday lenders in response to a request by the City Council on
November 18, 2013. Restated motion by Jones to receive and file the documents and
request staff to schedule a work session. Seconded by Connors. City Council asked
that the work session include the current meeting's information, maps of locations and
distances/proximities, Information from the League of Women Voters, petition from the
Franciscans, best practices of other comparable cities, and a payday loan business rep-
resentative. Other suggestions from Council can be submitted to the City Manager. Citi-
zen input can be submitted to the City Clerk. Motion carried 7-0.
4. Code of Ordinances Amendments - Title 16 Historic Preservation Demolition Re-
view: Historic Preservation Commission recommending approval of amendments to the
City of Dubuque Code of Ordinances Title 16 to provide uniform criteria and regulations
for demolition review in historic and conservation districts. Motion by Connors to receive
and file the documents and that the requirement that a proposed ordinance be consid-
ered and voted on for passage at two Council meetings prior to the meeting at which it
is to be passed be suspended. Seconded by Jones. Motion carried 7-0. Motion by Con-
nors for final consideration and passage of:
Ordinance No. 25-14 Amending City of Dubuque Code of Ordinances Title 16 Unified
Development Code, Chapter 10 Historic Preservation Commission Applications and
Procedures, Section 6 Identification and Designation of Landmarks, Sites and Historic
Districts by Providing for a Meeting and Establishing Procedures by Which the Commis-
sion May Accept Oral or Written Testimony from Interested Parties;
Ordinance No. 26-14 Amending City of Dubuque Code of Ordinances Title 16 Unified
Development Code, Chapter 10 Historic Preservation Commission Applications and
Procedures, Section 8 Demolition of Landmarks, Landmark Sites and Historic Districts
by Clarifying Procedures and Criteria for Demolition of Landmarks, Sites and Structures
in Historic Districts and Conservation Districts;
Ordinance No. 27-14 Amending City of Dubuque Code of Ordinances Title 16 Unified
Development Code, Chapter 10 Historic Preservation Commission Applications and
Procedures, Section 9 Alteration of Landmarks, Historic Properties and Sites by Clarify-
ing the Procedure for Disapproval of Applications and by Removing all References to
Demolition;
Ordinance No. 28-14 Amending City of Dubuque Code of Ordinances Title 16 Unified
Development Code, Chapter 10 Historic Preservation Commission Applications and
Procedures, Section 10 Standards for Review by Clarifying Design Review Standards;
and
Ordinance No. 29-14 Amending City of Dubuque Code of Ordinances Title 16 Unified
Development Code, Chapter 10 Historic Preservation Commission Applications and
Procedures, Section 11 Review of Demolition Permits in Conservation Districts by De-
leting Procedures for Review of and Application for Demolition in Conservation Districts
Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code,
Chapter 10 Historic Preservation Commission Applications and Procedures, Section 11
Review of Demolition Permits in Conservation Districts by Deleting Procedures for Re-
view of and Application for Demolition in Conservation Districts.
Seconded by Jones. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 25-14
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DE-
VELOPMENT CODE, CHAPTER 10 HISTORIC PRESERVATION COMMISSION AP-
PLICATIONS AND PROCEDURES, SECTION 6 IDENTIFICATION AND DESIGNA-
TION OF LANDMARKS, SITES AND HISTORIC DISTRICTS BY PROVIDING FOR A
MEETING AND ESTABLISHING PROCEDURES BY WHICH THE COMMISSION
MAY ACCEPT ORAL OR WRITTEN TESTIMONY FROM INTERESTED PARTIES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 16-10-6 of the City of Dubuque Code of Ordinances is amended to
read as follows:
16-10-6: IDENTIFICATION AND DESIGNATION OF LANDMARKS, SITES AND
HISTORIC DISTRICTS:
A. Generally: The commission conducts studies for the identification and nomina-
tion of landmarks, landmark sites, individually designated historic properties and
historic districts, as defined by this chapter. The commission may proceed on its
own initiative or upon a petition from any person, group or association.
B. Nomination:
1. Landmarks And Landmark Sites: The nomination of landmarks and landmark
23
sites must be initiated by an application submitted to the commission by the prop-
erty owner on a form supplied by the commission.
2. Historic Districts: The designation of historic districts must be initiated by a
nomination for such designation. A nomination is made to the commission on a
form prepared by the commission and may be submitted by a member of the
commission, the owner of record of property within a proposed historic district, the
city council, or any other person or organization. When a commissioner, as a pri-
vate citizen, nominates a historic district for designation, the nominating commis-
sioner must abstain from voting on the designation. This provision does not extend
to a designation motion presented by a commissioner as part of commission pro-
ceedings.
3. Individually Designated Historic Properties: The nomination of individually
designated historic properties must be initiated by an application submitted to the
commission by the property owner on a form supplied by the commission.
C. Criteria For Consideration Of Nomination: The commission will, upon such in-
vestigation as it deems necessary, make a determination as to the following:
1. Whether the nominated property, structure, object, site or area:
2. Whether the structure, property, object, site or area has sufficient integrity of
location, design, materials and workmanship to make it worthy of preservation or
restoration; and/or
3. Whether the structure, property, object, site or area is at least fifty (50) years
old, unless the commission determines that it has achieved significance within the
past fifty (50) years and is of exceptional importance.
D. Notification Of Nomination: Within sixty (60) days after receipt of a completed
nomination in proper form, the commission must meet to review the nomination. No-
tice that a nomination for designation is being considered and the date, time, place
and purpose of the meeting must be sent by certified mail, at least fourteen (14)
days prior to the date of the hearing, to the owner(s) of record of the nominated
landmark or landmark site, nominated individually designated historic property, or
property within the nominated historic district and to the nominator(s). Notice must
also be published in a newspaper having general circulation in the city. The notice
must state the street address and legal description of a nominated landmark or
landmark site or the boundaries of a nominated district.
E. Meeting: The commission may, at its discretion, accept oral or written testimo-
ny concerning the significance of the nominated landmark, landmark site or historic
district any interested person. The commission may request expert testimony, con-
sider staff reports or present its own evidence regarding the compliance of the nom-
inated landmark, landmark site, individually designated historic property or historic
district with the criteria set forth in subsection C of this section. The owner of any
nominated landmark, landmark site, individually designated historic property or of
any property within a nominated historic district shall be allowed a reasonable op-
portunity to present evidence regarding the nomination.
F. Determination By Commission, Recommendation And Report: Within thirty
(30) days following the commission's meeting, the commission will determine
whether the nominated landmark, landmark site, individually designated historic
property or historic district meets the criteria for designation. Such determination is
made in an open meeting by resolution of the commission, in the form of a written
recommendation and a written report in support of the nomination. The commis-
sion's recommendation on the nomination of a landmark, landmark site, individually
designated historic property or historic district, and its supporting report, will be
transmitted to the city council, with a proposed ordinance or amendment establish-
ing such landmark, landmark site, individually designated historic property or histor-
ic district and describing its location and boundaries by address and legal descrip-
tion
G. Action By City Council:
1. The city council must submit the proposed ordinance or amendment to the
state historic preservation office for review and recommendations at least thirty
(30) days prior to the date of any public hearing conducted by the city council. The
City will make any recommendations made by the state historic preservation office
available to the public for viewing during normal working hours at a city govern-
ment place of public access.
2. Upon receipt of the recommendation and report of the commission, and after
having received a recommendation from the state historic preservation office or if
the thirty (30) day waiting period has lapsed since submission of the request for
such recommendation, the city council will conduct a public hearing on the ordi-
nance or amendment establishing the proposed landmark, landmark site, individu-
ally designated historic property or historic preservation district. After public hear-
ing, the city council will approve or disapprove the ordinance or amendment, or re-
fer the nomination back to the commission for modification. A modified nomination
requires compliance with the same procedure for designation as set forth above.
3. City council approval of the ordinance or amendment constitutes designation
of the landmark, landmark site, individually designated historic property or historic
district.
H. Amendment And Rescission Of Designation: A designation may be amended
or rescinded upon petition to the commission and compliance with the same proce-
dure and criteria as set forth above for designation.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 17th day of March, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald Newspaper on the 21st day of March, 2014.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 26-14
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DE-
VELOPMENT CODE, CHAPTER 10 HISTORIC PRESERVATION COMMISSION AP-
PLICATIONS AND PROCEDURES, SECTION 8 DEMOLITION OF LANDMARKS,
LANDMARK SITES AND HISTORIC DISTRICTS BY CLARIFYING PROCEDURES
AND CRITERIA FOR DEMOLITION OF LANDMARKS, SITES AND STRUCTURES IN
HISTORIC DISTRICTS AND CONSERVATION DISTRICTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
25
Section 1. Section 16-10-8 of the City of Dubuque Code of Ordinances is amended to
read as follows:
16-10-8: DEMOLITION OF LANDMARKS, LANDMARK SITES AND STRUCTURES
IN HISTORIC DISTRICTS AND CONSERVATION DISTRICTS:
A. Demolition Generally: Demolition of landmarks, landmark sites, individually
designated historic properties or structures within historic districts, and structures in
conservations districts is prohibited unless, upon application and after hearing, the
commission issues a certificate of appropriateness or a certificate of economic non -
viability pursuant to this section.
B. Demolition. By Neglect Prohibited: The owner of a building or structure in any
historic or conservation district, or of a landmark or landmark site, or individually
designated historic property must keep in good repair all the exterior portions of
such buildings or structures and all interior portions thereof whose maintenance is
necessary to prevent deterioration and decay of any exterior portion and comply
with all other provisions of law requiring property and improvements to be kept in
good repair. The owner must repair the building or structure to correct any of the fol-
lowing defects as determined by the city building official:
D. Review Of Demolition Permits: Upon receiving an application for a demolition
permit for any building subject to this section, the building official must immediately
notify the planning services department of such application. If the application is for
any building with one or more dwelling units, the building official must also immedi-
ately notify the housing and community development department. The applicant
must file the information required in this section with the historic preservation com-
mission at the office of the planning services department by the application deadline
established by the commission. If the application is for any building with one or
more dwelling units, the planning services department must provide the filed infor-
mation to the housing and community development department.
1. At its next regular meeting, the commission will approve or deny the applica-
tion, or table the application for additional information for a specified period not to
exceed ninety (90) days from the date of application with the commission. Failure
of the commission to take action on the application within the ninety (90) day peri-
od, unless the applicant requests and the commission grants an extension of such
time, constitutes commission approval thereof.
2. The commission will review all information submitted by the applicant and, if
the application is for any building with one or more dwelling units, all information
submitted by the housing and community development department, and make a
determination as to the following:
a. Whether the building proposed for demolition has historic or architectural
significance to the community; and
b. Whether denial of the proposed demolition permit would prevent the proper-
ty owner from earning a reasonable economic return on the property.
3. If the commission finds that denial of the application would prevent the prop-
erty owner from earning a reasonable economic return on the property, or that the
building does not have any historical or architectural significance to the communi-
ty, the commission will approve the application.
4. If the commission finds that denial of the application would not prevent the
property owner from earning a reasonable economic return on the property, and
that the building has historical or architectural significance to the community, the
commission will deny the permit application.
5. If the applicant is the state of Iowa or a political subdivision of the state, the
city council will also make a determination as to whether the denial of the applica-
tion would prevent the state or the political subdivision from accomplishing its gov-
ernmental functions as follows:
a. If, after weighing the interests and attempting to accommodate all conflicting
governmental interests, the city council finds that denial of the application would
prevent the state or the political subdivision from accomplishing its governmental
functions, the city council will approve the application.
b. If, after weighing the interests and attempting to accommodate all conflicting
governmental interests, the city council finds that denial of the application would
not prevent the state or the political subdivision from accomplishing its govern-
mental functions, the city council may deny the application.
6. If the city council denies the application, it will state its findings in writing and
shall transmit a copy of such findings to the applicant.
E. Standards for Demolition Review:
1. The report, "Heritage Of Dubuque" dated March 1974 and filed on record on
January 27, 1975, is a comprehensive study for the historical preservation and
conservation of the city and one of the guides to be considered at such time as a
demolition permit is applied for under this section. The city of Dubuque's historic
property inventory and any subsequent official architectural/historical sur-
veys/evaluations and nominations to the national register of historic places pre-
pared for any buildings located within the conservation districts described in sub-
section A of this section are also guidelines at such time.
2. In determining whether a building has historic or architectural significance,
the commission considers an application for a demolition permit in accordance
with the standards for review set forth in the secretary of the interior's "standards
for identification and evaluation", and any subsequent revisions of these standards
and guidelines by the secretary of the interior. The commission also considers a
determination from the state historical preservation office as to the potential eligi-
bility for listing of the building proposed for demolition on the national register of
historic places.
F. Economic Guidelines And Review Criteria:
1. In determining whether to approve or deny the application, the commission
may consider the information set forth in this subsection. The commission may al-
so investigate strategies which would allow the property owner to earn a reasona-
ble economic return on the property, may solicit expert testimony, and may require
that the applicant make submissions concerning any or all of the following infor-
mation:
a. A bid from a qualified contractor showing the cost of the proposed demoli-
tion.
b. A report from a licensed engineer, architect or contractor with experience in
rehabilitation as to the structural integrity of the structure(s) that the applicant
proposes to demolish.
c. The appraised value of the property by a licensed appraiser for the following
27
conditions:
(1) In the property's current condition;
(2) After completion of the proposed demolition;
(3) After rehabilitation of the existing property for continued use by providing
sales for the previous six (6) months for at least three (3) comparable proper-
ties. If there are not sales for the previous six (6) months at comparable proper-
ties, sales for the previous year at comparable properties may be used; and
(4) If the property is an income-producing property, such valuation must in-
clude the rent scheduled and anticipated income after such rehabilitation, and
the same for at least three (3) comparable properties to substantiate the infor-
mation provided for the property in question.
d. An estimate from an architect, developer, contractor, or appraiser experi-
enced in rehabilitation as to the cost to rehabilitate the building to the point of
which a reasonable use or a reasonable profit can be realized from the property,
including but not limited to, bringing a building up to code so it can be occupied,
not necessarily its "highest and best use", preferred use, or a restoration project.
e. The amount paid for the property, the date of purchase, and the person
from whom the property was purchased, a description of the relationship, if any, if
any between the owner of record, the applicant and the person from whom the
property was purchased or is being purchased, and the terms of the purchase or
proposed purchase, including financing.
f. If the property is income producing, copies of the 1040 schedule E or other
appropriate forms and/or' schedules filed with the IRS for the previous two (2)
years. Such forms must include operation and maintenance expenses, deprecia-
tion deduction and annual cash flow before and after debt service, if any. Such
forms must be signed by the current property owner to certify their authenticity. If
such forms/statements are not available, income statements from a certified pub-
lic accountant or licensed public accountant on letterhead and signed may be
substituted
g. The name of all mortgagees and the balance of all mortgages or other fi-
nancing secured by the property and annual debt service, if any, for the previous
two (2) years. Debt service is the amount of principle and interest payments paid
annually on the property.
h. All appraisals obtained within the previous two (2) years by the owner or
applicant in connection with the purchase, financing and ownership of the proper-
ty.
i. Any listing of the property for sale or rent, the price asked and offers re-
ceived for sale or rent, if any, within the previous five (5) years.
j. The assessed value of the property for the previous two (2) assessment
years.
k. The amount of real estate taxes assessed for the previous two (2) assess-
ment years and whether or not they have been paid.
I. The form of ownership or operation of the property, whether sole proprietor-
ship, for profit or not for profit corporation, limited partnership, joint venture or
other.
m. Any other information considered necessary by the commission to deter-
mine whether the property yields or may yield a reasonable economic return to
the property owner(s). A reasonable economic return is defined as the cost to re-
habilitate the building to the point at which a reasonable use or a reasonable
profit can be realized from the property. This may mean bringing a building up to
code to the point at which it can be occupied, not necessarily to its "highest and
best use", preferred use or a restoration project.
n. Proof of the applicant's efforts to obtain financing, tax incentives, preserva-
tion grants and other incentives to allow the applicant to earn a reasonable eco-
nomic return from the property.
o. Documents detailing the applicant's efforts in ongoing maintenance and re-
pair. This may include, but is not limited to, tax statements and/or copies of in-
voices.
2. If the application is for any building with one or more dwelling units, the hous-
ing and community development department may also make submissions con-
cerning any or all of the above information, including strategies which would allow
the property owner to earn a reasonable economic return on the property. The
commission will consider such information.
G. Guidelines And Review Criteria For Applications By State Or Political Subdivi-
sion Of State:
1. In determining whether to approve or deny the application, the commission
may consider the information set forth in this subsection and any other information
the commission considers relevant to balancing any conflicting governmental in-
terests.
2. The commission may require that the applicant make submissions concern-
ing the following information for the proposed site and suitable alternative loca-
tion(s), including but not limited to:
a. Fair market value of property.
b. Estimate of the cost of the proposed demolition, including hazardous mate-
rial removal and remediation.
c. Fair market value of any property owned by the governmental body that
could be sold if that site is not chosen for the project.
d. Property tax impact of removing private property from the tax rolls at the
proposed location and all alternative locations.
e. Any other factors that contribute to making one location more suitable than
others for the proposed use.
f. Any other information appropriate to evaluating how all conflicting govern-
mental interests may be accommodated.
g. The need for the use in question, the effect on neighboring property, and
the environmental impact of the proposed use.
H. Action: If the commission fails to take action to approve, deny or withhold ac-
tion on the application within the ninety (90) day period, or such extension as re-
quested by the applicant, the building official will issue the permit forthwith.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 17th day of March, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald Newspaper on the 21st day of March, 2014.
/s/Kevin S. Firnstahl, City Clerk
29
OFFICIAL PUBLICATION
ORDINANCE NO. 27-14
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DE-
VELOPMENT CODE, CHAPTER 10 HISTORIC PRESERVATION COMMISSION AP-
PLICATIONS AND PROCEDURES, SECTION 9 ALTERATION OF LANDMARKS,
HISTORIC PROPERTIES AND SITES BY CLARIFYING THE PROCEDURE FOR
DISAPPROVAL OF APPLICATIONS AND BY REMOVING ALL REFERENCES TO
DEMOLITION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 16-10-9 of the City of Dubuque Code of Ordinances is amended to
read as follows:
16-10-9: ALTERATION OF LANDMARKS, HISTORIC PROPERTIES AND SITES:
B. Nothing in this chapter may be construed to prevent ordinary maintenance or
repair of any landmark, landmark site or structure or site within a historic district
where such maintenance or repair does not involve a material change of appear-
ance which necessitates issuance of a regulated permit or site plan approval.
C. An application for a regulated permit or site plan approval must be made to
the appropriate city official. The application must state or the appropriate city official
will determine whether the proposed work or activity is to be done on a landmark,
landmark site, individually designated historic property or on a structure within a his-
toric district.
D. If the application demonstrates no material effect as recognized by this chap-
ter, then the city planner may issue a determination of no material effect, which au-
thorizes the proposed work or activity to proceed. If a permit application does not
demonstrate compliance with the standards for a determination of no material ef-
fect, then an application must be made for commission review of the proposed work
or activity. The application for commission review will be filed in the planning ser-
vices department.
E. Unless otherwise mutually agreed upon by the applicant and the commission,
the commission will, within sixty (60) days after submittal of a complete application,
review the proposed work or activity to determine whether it complies with the
standards specified in this chapter. In the event the commission does not approve
or deny an application within sixty (60) days after submittal of a complete applica-
tion, such application is deemed approved by the commission, unless the applicant
has consented to an extension of the sixty (60) day period. The commission will is-
sue a certificate of appropriateness if, after conducting a review of the application, it
finds:
F. The issuance of a certificate of appropriateness enables the applicant to ob-
tain a regulated permit or site plan approval and to proceed with the proposed work
or activity.
G. If the commission denies the proposed work or activity, it must state its rea-
sons and transmit to the applicant a written record of its denial. The commission
may propose revisions to the applicant's proposal, which, if adopted by the appli-
cant, may cause the commission to reconsider its denial. The applicant may modify
the proposed project and resubmit a modified proposal at any time.
H. The commission will also issue a certificate of appropriateness, if, after con-
ducting a review of preservation alternatives, it finds:
I. Prior to filing an application for a certificate of economic nonviability, as provid-
ed for in subsection J of this section, the applicant must file an application for a re-
view of preservation alternatives. This application documents the applicant's at-
tempts to evaluate and obtain "preservation alternatives", including, but not limited
to, financing, tax incentives, preservation grants, restoration alternatives and other
incentives sufficient to allow the applicant to earn a reasonable economic return
from the property.
1. After a review of the preservation alternatives, the commission approves or
denies the proposed project.
2. If the proposed project is approved, the commission issues a certificate of
appropriateness.
3. If the commission denies the proposed project, it must state its reasons and
transmit to the applicant a written record of its denial. The commission may pro-
pose appropriate revisions of the applicant's proposal that, if adopted by the appli-
cant, may cause the commission to reconsider its denial. The applicant may modi-
fy the proposed project and resubmit a modified proposal at any time.
J. If the commission denies such proposed project after a review of preservation
alternatives, it may, upon application or on its own motion, issue a certificate of
economic non -viability.
1. Certificate Of Economic Non -viability: Upon application or motion for a certifi-
cate of economic non -viability, the commission will schedule a public meeting on
that application or motion.
2. Data To Be Provided By Applicant: Before rendering its decision, the com-
mission may solicit expert opinion or require that the applicant for a certificate of
economic non -viability submit the following information, including but not limited to:
c. Estimated market value of the property in its current condition; after comple-
tion of the proposed construction or alteration; and after any changes recom-
mended by the commission.
d. The amount paid for the property, the date of purchase and the person from
whom purchased, including a description of the relationship, if any, between the
owner of record or the applicant and the person from whom the property was
purchased, and any terms of financing between the seller and buyer.
e. If the property is income producing, the annual gross income from the prop-
erty for the previous two (2) years.
f. Itemized operating and maintenance expenses for the previous two (2)
years; and depreciation deduction and annual cash flow before and after debt
service, if any, during the same period.
g. The remaining balance on any mortgage or other financing secured by the
property and annual debt service, if any, for the previous two (2) years.
h. All appraisals obtained within the previous two (2) years by the owner or
applicant in connection with the purchase, financing or ownership of the property.
31
i. Any listing of the property for sale or rent, price asked and offers received, if
any, within the previous two (2) years.
j. The assessed value of the property according to the two (2) most recent as-
sessments.
k. The amount of real estate taxes for the previous two (2) years and whether
or not they have been paid.
I. The form of ownership or operation of the property, whether sole proprietor-
ship, for profit or not for profit corporation, limited partnership, joint venture or
other.
m. Any other information considered necessary by the commission .to make a
determination as to whether the property yields or may yield any reasonable
economic return to the property owner(s), including, but not limited to, the income
tax bracket of the owner(s) or applicant(s) or of the principal investor(s) in the
property.
n. Proof of the applicant's efforts to obtain financing, tax incentives, preserva-
tion grants and other incentives sufficient to allow the applicant to earn a reason-
able and an economic return from the property.
o. A showing of the applicant's efforts in ongoing maintenance and repair.
3. Issuance Or Postponement Of Certificate: If the commission, after review of
the evidence submitted, finds that denial of the proposed work would prevent the
property owner from earning any reasonable economic return from the property,
the commission will:
a. Immediately issue a certificate of economic non-viability; or
b. At its discretion, postpone, for a period not to exceed one hundred eighty
(180) days, the issuance of a certificate of economic non-viability. During this
time, the commission will investigate strategies for the property owner to earn a
reasonable economic return from the property. No regulated permit will be issued
during this time unless a certificate of appropriateness has been secured. If, at
the end of the one hundred eighty (180) day period, the commission, after a pub-
lic meeting, finds that the property owner still cannot earn any reasonable eco-
nomic return from the property, it will issue a certificate of economic non-viability.
4. Denial Of Certificate: If the commission finds, after initial review or after the
one hundred eighty (180) day period of postponement, that the property owner has
earned or is able to earn a reasonable economic return from the property, then the
commission will deny the application for a certificate of economic non-viability.
K. The failure of the commission to approve or deny an application for a certifi-
cate of appropriateness within sixty (60) days from the date of the filing of the appli-
cation for a certificate of appropriateness, unless an extension is agreed upon mu-
tually by the applicant and the commission, constitutes approval, unless within such
sixty (60) days the commission has made a determination of economic non-viability
and has suspended its decision regarding a certificate of economic non-viability
pursuant to subsection J3b of this section.
L. The certificate of appropriateness expires and becomes null and void unless
the regulated permits are secured within sixty (60) days from the date of its issu-
ance.
M. All required permits must be secured and work must commence within sixty
(60) days from the date of the issuance of the certificate of appropriateness and be
completed within such time as the building official determines is reasonable under
the circumstances, but not longer than two (2) years after its issuance. The building
official may grant, in writing, one (1) or more extensions of time, for periods not to
exceed one hundred eighty (180) days each. The extensions must be requested in
writing and justifiable cause for the extension must be demonstrated.
O. Each determination of no material effect, certificate of appropriateness or cer-
tificate of economic non -viability issued under the provisions of this chapter expires
and becomes null and void if the work or activity for which the determination of no
material effect, certificate of appropriateness or certificate of economic non -viability
was issued is not commenced within one (1) year of its issuance.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 17th day of March, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald Newspaper on the 21st day of March, 2014.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 28-14
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DE-
VELOPMENT CODE, CHAPTER 10 HISTORIC PRESERVATION COMMISSION AP-
PLICATIONS AND PROCEDURES, SECTION 10 STANDARDS FOR REVIEW BY
CLARIFYING DESIGN REVIEW STANDARDS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 16-10-10 of the City of Dubuque Code of Ordinances is amended
to read as follows:
16-10-10: STANDARDS FOR DESIGN REVIEW:
A. The commission considers each design review on the merits of the individual
case, with due deliberation given to each proposed change(s) and its sympathetic
relationship to the specific historic setting, architectural or historic significance, ex-
tent of previous alteration, use of original materials and quality of design of the ex-
isting structure or site. Commission approval of a particular type of alteration or ac-
tivity does not establish a binding precedent for future commission action, but may
constitute an additional factor to be considered in subsequent design reviews in-
volving the same type of alteration or activity.
B. The "secretary of interior's standards and guidelines for archaeology and his-
toric preservation", the "secretary of interior's standards and guidelines for the
treatment of historic properties", codified as 36 CFR 68, as amended, and the "sec-
retary of the interior's standards for rehabilitation and guidelines for rehabilitating
historic buildings", provide the guidelines by which the commission reviews an ap-
plication for a certificate of appropriateness or certificate of economic nonviability,
and any subsequent revisions of these standards and guidelines by the secretary of
the interior will be adopted by the commission.
C. The commission is also guided by the "Architectural Guidelines For Historic
Structures In The Historic Districts Of The City Of Dubuque, Iowa"; the "Streetscape
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And Landscape Guidelines For The Historic Districts Of The City Of Dubuque, Io-
wa"; and any design standards specified in the ordinance or amendment designat-
ing the landmark, landmark site or historic district.
D. The commission considers the factors of architectural style, scale, mass, ar-
rangement, texture, materials, and any other pertinent factors. The proposed work
must be appropriate for and must restore, preserve, or enhance features of build-
ings or structures. The proposed work may not adversely affect the exterior archi-
tectural features of the building or structure, nor may the proposed work adversely
affect the character or special historical, architectural or aesthetic value of the prop-
erty and its setting. The proposed work also must conform to such further standards
as may be embodied in the ordinance.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 17th day of March, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald Newspaper on the 21st day of March, 2014.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 29-14
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DE-
VELOPMENT CODE, CHAPTER 10 HISTORIC PRESERVATION COMMISSION AP-
PLICATIONS AND PROCEDURES, SECTION 11 REVIEW OF DEMOLITION PER-
MITS IN CONSERVATION DISTRICTS BY DELETING PROCEDURES FOR REVIEW
OF AND APPLICATION FOR DEMOLITION IN CONSERVATION DISTRICTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 16-10-11 of the City of Dubuque Code of Ordinances is amended
to read as follows:
16-10-11: CONSERVATION DISTRICTS:
A. Application Of Section: The provisions of this section apply to all buildings locat-
ed in whole or in part within the following described conservation districts:
B. Process For Establishment, Expansion Or Alteration Of Conservation District:
Any person may request that the city council for establish, expand or alter a conserva-
tion district. The process for establishment, expansion or alteration of a conservation
district is as follows:
1. A written request for the establishment, expansion or alteration of a conserva-
tion district must be submitted to the city clerk. At its next regular meeting following
receipt of the request by the city clerk, the city council may approve or deny the re-
quest, set the request for consideration at a subsequent meeting, set the request for
a public hearing, or refer the request to the commission for a recommendation be-
fore voting on the request.
2. At its next regular meeting, if a referral is made to it by the city council, the
commission will review the request, and make a recommendation to the city council
to approve or deny the request, or to table the request for additional information for
a specified period not to exceed sixty (60) days. Failure of the commission to act on
the request within the sixty (60) day period, unless the applicant requests and the
commission grants an extension of such time, constitutes commission approval
thereof. The recommendation of the commission will be transmitted to the city clerk.
The city clerk will promptly transmit the recommendation and the application to the
city council for its consideration. In determining whether to recommend approval or
denial of the request, the commission will consider whether the proposed conserva-
tion district, or the expansion or alteration of the district, has historic or architectural
significance to the community.
3. At its next regular meeting following receipt of the recommendation of the
commission by the city clerk, the city council will approve or deny the request, or re-
fer the nomination back to the commission for modification.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 17th day of March, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 21st day of March, 2014.
/s/Kevin S. Firnstahl, City Clerk
5. U.S. Department of Housing and Urban Development (HUD) - Voluntary Compli-
ance Agreement: City Manager recommending approval of a Voluntary Compliance
Agreement negotiated with the U.S. Department of Housing and Urban Development
(HUD). Motion by Braig to receive and file the documents, approve the recommendation
and listen to the staff presentation. Seconded by Jones. Motion carried 7-0. Assistant
City Attorney Crenna Brumwell and Housing and Community Development Director Al-
vin Nash provided a slide presentation on the background, implementation, monitoring,
enforcement and compliance components of the HUD Voluntary Compliance Agree-
ment. Following the presentation, Council thanked staff for their efforts in negotiating
and preparing the report.
PUBLIC INPUT
Jacob Long, 4604 Cardinal Drive, suggested making adjustments to the Code of Or-
dinances related to public input and the rights of the public at City Council meetings.
Rick Miescke, 3199 Sheridan Road, commended the Council on their recent action
related to special events and public gatherings and relayed his thoughts on gun regis-
tration and issues.
There being no further business, upon motion the City Council adjourned at 9:37 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
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