7 21 14 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on July 21, 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, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
Apples for Students Months (July/August 2014) was accepted by Jessica Pape, De-
velopment Director of St. Mark's Youth Enrichment, 1201 Locust St.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Connors. Motion carried 7-0.
1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of
5/27; Cable TV Commission of 6/4; City Council Proceedings of 7/7; Housing Commis-
sion of 6/24; Library Board of Trustees Update of 6/19; Zoning Advisory Commission of
7/2; Zoning Board of Adjustment of 6/24. Upon motion the documents were received
and filed.
2. Notice of Claims and Suits: Stacey Duve for vehicle damage, Steve Maker II for
vehicle damage. Upon motion the documents 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: Steve Duve for vehicle damage. Upon motion the documents were re-
ceived, filed and concurred.
4. William D. Hatfield Award: Iowa Water Environment Association (IAWEA) an-
nouncing that Dubuque Water & Resource Recover Center Manager Jonathan Brown is
the 2014 Recipient of the William D. Hattfield Award for outstanding performance and
professionalism in the treatment and maintenance of a wastewater plant. Upon motion
the documents were received and filed.
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5. Dubuque Jaycees -Radio Dubuque 2015 Fireworks Request: Correspondence from
Thomas Parsely, General Manager of Radio Dubuque and on behalf of the Dubuque
Jaycees, requesting permission to conduct a fireworks display on Friday, July 3, 2015
from 9:00 p.m. to 10:30 p.m. on Volunteer Road between Hawthorne and Lime Streets
with a rain date of July 4, 2015. Upon motion the documents were received, filed and
approved.
6. Shelter Plus Care Program Contract: City Manager recommending approval of a
contract with the U.S. Department of Housing and Urban Development for administra-
tion of the Shelter Plus Care Program. Upon motion the documents were received, filed
and approved.
7. 2115 Sunnyview Drive - Agreement and Acceptance of Storm Sewer Easement:
City Manager recommending approval of an agreement and acceptance of a storm
sewer easement from James E. and Kristine E. Noonan for a proposed storm sewer re-
location. Upon motion the documents were received and filed and Resolution No. 207-
14 Approving a Memorandum of Agreement for Construction of a Storm Sewer and Ac-
cepting a Grant of Easement for Storm Sewer Through, Over and Across a Part of the
Southerly 99 Feet of Lot 92 in Finley's Addition to the City of Dubuque, Dubuque, Iowa,
was adopted.
RESOLUTION NO. 207-14
APPROVING A MEMORANDUM OF AGREEMENT FOR CONSTRUCTION OF A
STORM SEWER AND ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER
THROUGH, OVER AND ACROSS A PART OF THE SOUTHERLY 99 FEET OF LOT
92 IN FINLEY'S ADDITION TO THE CITY OF DUBUQUE, DUBUQUE, IOWA
Whereas, James E. and Kristine E. Noonan have executed a Memorandum of
Agreement with the City of Dubuque setting forth the terms for the relocation of the ex-
isting storm sewer utility through a part of the Southerly 99 Feet of Lot 92 in Finley's
Addition to the City of Dubuque, in the City of Dubuque, Dubuque County, Iowa; and
Whereas, James E. and Kristine E. Noonan have executed an Easement for Storm
Sewer through, over and across a part of the Southerly 99 Feet of Lot 92 in Finley's Ad-
dition to the City of Dubuque, in the City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac-
cepts and consents to the Grant of Easement for Storm Sewer through, over and across
a part of the Southerly 99 Feet of Lot 92 in Finley's Addition to the City of Dubuque, in
the City of Dubuque, Dubuque County, Iowa from James E. and Kristine E. Noonan, a
copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. The City Council of the City of Dubuque, Iowa, hereby approves of the
Memorandum of Agreement with James E. and Kristine E. Noonan setting forth the
terms for the relocation of the existing storm sewer utility through a part of the Southerly
99 Feet of Lot 92 in Finley's Addition to the City of Dubuque, in the City of Dubuque,
Dubuque County, Iowa, a copy of which is attached hereto.
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Section 4. The City Manager is hereby authorized and directed to execute and
acknowledge on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 21st day of July, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Workers' Compensation Excess Insurance Renewal Fiscal Year 2015: City Man-
ager recommending approval of the renewal rate submitted by Safety National for Fiscal
Year 2015 Workers' Compensation Excess Insurance. Upon motion the documents
were received, filed and approved.
9. Iowa Department of Transportation - Detours Agreement: Iowa Department of
Transportation (IDOT) submitting an agreement for use of local agency roads as de-
tours during the construction of the Intermodal Transportation Center. Upon motion the
documents were received, filed and approved.
10. Collective Bargaining Agreement - Dubuque Professional Firefighter's Associa-
tion #353: City Manager requesting that the City Council receive and file the arbitration
award between the City of Dubuque and the Dubuque Professional Firefighters Asso-
ciation, Local #353, effective July 1, 2014 through June 30, 2015. Upon motion the doc-
uments were received and filed.
11. Collective Bargaining Agreement Teamsters Local 120 (Bus Operators): City
Manager recommending approval of an Amendment to the Collective Bargaining
agreement between the City and Dubuque and the Teamster Local Union No. 120 (Bus
Operators). Upon motion the documents were received, filed and approved.
12. Property Acquisition - 420 Garfield Avenue: City Manager recommending ap-
proval to acquire property located at 420 Garfield Avenue from Thomas J. Blaser and
Margaret M. Blaser 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. 208-14Approving the acquisition of real estate owned by Thomas J.
Blaser and Margaret M. Blaser, D/B/A Dubuque Fire Equipment, Inc., in the City of
Dubuque was adopted.
RESOLUTION NO. 208-14
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY THOMAS J.
BLASER AND MARGARET M. BLASER, D/B/A DUBUQUE FIRE EQUIPMENT, INC.,
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 (Project) for
stormwater mitigation activities as recommended in the 2001 "Drainage Basin Master
Plan" and as amended in 2013; and
Whereas, the Project requires the reconstruction of storm sewer along 19th Street ad-
jacent to certain real estate owned by Thomas J. Blaser and Margaret M. Blaser (the
Owners); 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 certain real estate legally
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described as follows (the Property):
Lot 1 of Lot 1 of Lot 11, and, Lot 2 of Lot 11, in East Dubuque, an Addition to the
City of Dubuque, Iowa; Lot 2 of Lot 1 of Lot A of Mineral Lot 100, and, Lot 2 of
Lot A of Mineral Lot 100; Lot 1 of Lot 2 of Mineral Lot 106; and Lot 2 of Lot 1 of
Lot 2 of Lot 2 of Mineral Lot 106; all in the City of Dubuque, Iowa, according to
the respective recorded Plats thereof; and
Whereas, acquisition of the Property would facilitate construction of the 19th Street
storm sewer improvements to be constructed as part of Project; and
Whereas, acquisition of the Property would provide right-of-way for the hike/bike trail
to be constructed as part of the Project; and
Whereas, acquisition of the Property would allow for better access to the existing
public storm sewer that currently runs beneath the building on the Property; and
Whereas, it is in the best interest of the City of Dubuque to acquire the Property; 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, an Offer to Buy Real Estate and Acceptance has been finalized with the
Owners of the Property and an Acknowledgment of Voluntary Negotiation has been ex-
ecuted by the Owners.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the
Offer to Buy Real Estate and Acceptance attached hereto.
Section 2. That the City of Dubuque be and is hereby authorized to accept a 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 Attorney be and is hereby authorized and directed to cause
said Warranty Deed to be recorded in the office of the Dubuque County Recorder, to-
gether with a certified copy of this Resolution.
Section 4. That the City Attorney be and is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
Passed, approved and adopted this 21st day of July, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Partial Property Acquisition - 430 Garfield Avenue: City Manager recommending
approval to purchase a portion of 430 Garfield Avenue and two temporary construction
easements through 430 Garfield Avenue that are required for the Bee Branch Creek
Restoration Project; and that a Memorandum of Understanding be executed with Robert
Klauer regarding relocation, re-establishment expenses and points of discussion. Upon
motion the documents were received and filed and Resolution No. 209-14 Approving
the acquisition of real estate owned by Robert F. Klauer in the City of Dubuque was
adopted.
RESOLUTION NO. 209-14
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY ROBERT F.
KLAUER, IN THE CITY OF DUBUQUE
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Whereas, the City of Dubuque intends to acquire certain real estate located in the ar-
ea of the Bee Branch Creek Restoration Project (Project) for stormwater mitigation ac-
tivities as recommended in the 2001 "Drainage Basin Master Plan" and as amended in
2013; and
Whereas, the City Council established the alignment for the Bee Branch Creek Res-
toration Project, establishing properties to be acquired for the Bee Branch Creek Resto-
ration Project with the adoption of Resolution 491-04; and
Whereas, the City Council amended the alignment with the adoption of Resolution
291-13 establishing the need for certain real estate owned by Robert F. Klauer (the
Owner) legally described as follows (the Property): Lot 2 of Bee Branch Subdivision 11;
and
Whereas, an Offer to Buy and Acceptance and a Memorandum of Understanding has
been negotiated with the Owner.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the
Offer to Buy Real Estate and Acceptance attached hereto.
Section 2. The City Manager is hereby authorized to execute the Memorandum of
Understanding attached.
Section 3. That the City of Dubuque be and is hereby authorized to accept a Warran-
ty Deed to the Property, conveying the owner's interest to the City of Dubuque, Iowa for
the herein described real estate.
Section 4. That the City Attorney be and is hereby authorized and directed to cause
said Warranty Deed to be recorded in the office of the Dubuque County Recorder, to-
gether with a certified copy of this Resolution.
Section 5. That the City Attorney be and is hereby directed to forward a copy of this
Resolution to the Dubuque County Assessor and the Dubuque County Auditor.
Passed, approved and adopted this 21st day of July, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. 2014 Access Ramp Installation Project Phase 2 — Award: City Manager recom-
mending that the award for the 2014 Access Ramp Installation Project — Phase 2 be of-
ficially recorded in the minutes of the City Council. Upon motion the documents were
received, filed and made a Matter of Record.
15. Community Development Block Grant (CDBG) 2014 Curb Access Ramp Installa-
tion Project Award: City Manager recommending that the award for the 2014 CDBG
Curb Access Ramp Installation Project be officially recorded in the minutes of the City
Council. Upon motion the documents were received, filed and made a Matter of Record.
16. Harvest Kitchen and Bar - Request for Release of Community Development
Block Grant (CDBG) Funds: City Manager recommending approval of a resolution au-
thorizing the Request Release of Funds for the proposed Economic Development Fi-
nancial Assistance Program Community Development Block Grant loan to Harvest
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Kitchen and Bar. Upon motion the documents were received and filed and Resolution -
No. 210-14 Authorizing Request for release of Community Development Block Grant
funds for Economic Development Financial Assistance Program - Harvest Kitchen and
Bar
RESOLUTION NO. 210-14
AUTHORIZING REQUEST FOR RELEASE OF COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR ECONOMIC DEVELOPMENT FINANCIAL ASSIS-
TANCE PROGRAM — HARVEST KITCHEN AND BAR
Whereas, the City of Dubuque will enter into a subrecipient loan agreement with the
Harvest Kitchen and Bar, a providing for financial assistance to the Harvest Kitchen and
Bar under Title I of the Housing and Community Development Act of 1974, as amended;
and
Whereas, pursuant to the rules and regulations as promulgated by the U.S. Depart-
ment of Housing and Urban Development, an environmental review has been pro-
cessed for the hereinafter listed projects to be financed with Community Development
Block Grant funds; and
Whereas, a Notice of Intent to Request Release of Funds for said grants has been
published on June 17, 2014 to commence the required seven (7) day public comment
period; and
Whereas, any and all comments received as a result of such notice will be duly con-
sidered before proceeding with a Request for Release of Funds and Certification; and
Whereas, a Request for Release of Funds and Certification must be sent to the U.S.
Department of Housing and Urban Development at the conclusion of the comment peri-
od.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor of the City of Dubuque is hereby authorized and directed
to execute a Request for Release of Funds and Certification for the following identified
Community Development Block Grant projects on or about June 26th, 2014 and submit
to the U.S. Department of Housing and Urban Development.
Economic Development Financial Assistance Program
Harvest Kitchen and Bar
Economic Development Financial Assistance Program provides large and small
businesses with low-interest and forgivable loans to support economic development ef-
forts. Financial Assistance Program will provide a working capital loan to Harvest Kitch-
en and Bar, a restaurant, to create 18 full-time equivalent jobs for low and moderate in-
come workers. The restaurant will be located in an existing structure, at 900 Jackson
Street, Dubuque IA.
No funds will be committed prior to completion of a review for other related laws of 24
CFR 58.5, including Section 106, if required for site-specific projects that are currently
unidentified.
Section 2. That the Mayor of the City of Dubuque is hereby authorized to consent to
assume the status of a responsible federal official under the National Environmental
Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of
Housing and Urban Development responsibilities for review, decision making, and ac-
tion assumed and carried out by the City of Dubuque as to environmental issues.
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Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent
personally, in his official capacity and on behalf of the City of Dubuque, to accept the
jurisdiction of the federal courts if an action is brought to enforce responsibilities in rela-
tion to environmental review, decision-making and action.
Passed, approved and adopted 21 st day of July, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Harvest Kitchen and Bar - CDBG Loan Agreement: City Manager recommending
approval of a forgivable loan through the Community Development Block Grant (CDBG)
Economic Development Loan Program to the owners of Harvest Kitchen and Bar, a new
business to be located in the Schmid Innovation Center at 955 Washington Street. Upon
motion the documents were received and filed and Resolution No. 211-14 Approving a
Community Development Block Grant Loan Agreement for One Hundred Seventy -Five
Thousand Dollars ($175,000) for Harvest Kitchen and Bar was adopted.
RESOLUTION NO. 211-14
APPROVING A COMMUNITY DEVELOPMENT BLOCK GRANT LOAN AGREEMENT
FOR ONE HUNDRED SEVENTY-FIVE THOUSAND DOLLARS ($175,000) FOR
HARVEST KITCHEN AND BAR
Whereas, under provisions of Title I of the Housing and Community Development Act
of 1974, as amended, the City of Dubuque has received Community Development Block
Grant Funds for the purpose of stimulating economic development activities within the
community; and
Whereas, Harvest Kitchen and Bar has applied for Community Development Block
Grant Funds to develop a restaurant and bar in the Historic Millwork District which will
create new permanent employment opportunities for low and moderate income citizens;
and
Whereas, the City Council finds that it is in the best interests of the City of Dubuque
to approve the Loan Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the attached Loan Agreement is hereby approved.
Section 2. That the City Manager is hereby authorized to execute, on behalf of the
City of Dubuque, Iowa, the Loan Agreement and all necessary loan documents and is
further authorized to disburse loan funds from the Community Development Block Grant
Funds Economic Development Loan Program, in accordance with the terms and condi-
tions of the Loan Agreement.
Passed, approved and adopted this 21st day of July, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18. Pre -Annexation Agreement - Richard M. and Mary Lou Bradley: City Manager
recommending approval of a pre -annexation agreement with Richard M. and Mary Lou
Bradley, property owners, in conjunction with their request for approval of a Final Plat of
Richard Bradley Third Addition in Dubuque County. Upon motion the documents were
received and filed and Resolution No. 212-14 Approving a Pre -Annexation Agreement
between the City of Dubuque, Iowa and Richard M. and Mary Lou Bradley was adopted.
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RESOLUTION NO. 212-14
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND RICHARD M. AND MARY LOU BRADLEY
Whereas, Richard M. and Mary Lou Bradley, the owners of the following described
property in Dubuque County, Iowa (the Property) have submitted to the City Council of
the City of Dubuque an application for voluntary annexation of the Property to the City of
Dubuque:
Lot 2 of RICHARD BRADLEY SECOND SUBDIVISION, and the NE 1/4 of the NW
1/4 of Section 36, T88N, R2E of the 5th P.M., excluding Lot 1 of Richard Bradley
Second Subdivision, all in Dubuque County, Iowa.; and
Whereas, Richard M. and Mary Lou Bradley have entered into a Pre -annexation
Agreement with the City of Dubuque a copy of which is attached hereto governing the
future annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property
in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan
of the City of Dubuque, necessary for the future orderly growth and development of the
City of Dubuque, and will promote efficient and cost effective extension of municipal
services; and
Whereas, the City Council finds that the annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Richard M. and Mary Lou
Bradley and the City of Dubuque is hereby approved.
Passed, approved and adopted this 21st day of July, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Jule Bus Purchase Acceptance: City Manager recommending final acceptance of
a bus as delivered from Hoglund Bus Co., Inc. and establishing the final contract
amount Upon motion the documents were received and filed and Resolution No. 213-14
Accepting the Jule bus purchase and authorizing the payment of the contract amount to
the contractor was adopted.
RESOLUTION NO. 213-14
ACCEPTING THE JULE BUS PURCHASE AND AUTHORIZING THE PAYMENT OF
THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Contract for the Jule Bus Purchase (the Project) has been completed
according to the terms of the Contract and that the Director of Transit Operations rec-
ommends that the Project be accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the Director of Transit Operations is approved and
the Project is hereby accepted.
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Section 2. The Finance Director is hereby directed to pay to the Contractor from the
ILDOT FTA Reimbursement and Transportation Development Credits for the contract
amount of $87,104.75 less any retained percentage provided for therein as provided in
Iowa Code chapter 573, and to pay such retainage only in accordance with the provi-
sions of Iowa Code chapter 573.
Passed, approved and adopted this 21st day of July, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
20. Sisters of Charity of the Blessed Virgin Mary: Correspondence from Sister Teri
Hadro, BVM, of the Sister of Charity advising the City that they anticipate resubmitting
their request to rezone property at 1100 Carmel Drive in the fall of 2014. Upon motion
the documents were received and filed.
21. Dubuque City Assessors Office: Correspondence from Dubuque City Assessor
Rick Engelken advising the City of property tax appeals filed with the Iowa Property As-
sessment Appeal Board for the 2014 assessment. Upon motion the documents were
received and filed.
22. College Partnership Contracts Fiscal Year 15: City Manager recommending ap-
proval of the contracts for College/University Transit Partnership with Clarke University,
Loras College and University of Dubuque for the 2014-2015 school year. Upon motion
the documents were received, filed and approved.
23. USDA Local Foods, Local Places Program: City Manager recommending approv-
al of a letter of intent to apply for the USDA Local Foods, Local Places technical assis-
tance program. Upon motion the documents were received, filed and approved.
24. Mediacom Communications Company: Correspondence from Mediacom Com-
munications Company advising the City that it will be changing the seasonal rates for
some services on or about September 1, 2014. Upon motion the documents were re-
ceived and filed.
25. Iowa Department of Natural Resources - NPDES Inspection: Correspondence
from the Iowa Department of Natural Resources providing the City with an inspection
report of the Water & Resource Recover Center and Notice of Violation. Upon motion
the documents were received, filed and referred to the City Manager.
26. Signed Contracts: Dittmer Recycling, Inc. Third Amendment to Agreement with
Dubuque Metropolitan Area Solid Waste Agency. Upon motion the documents were re-
ceived and filed.
27. Improvement Contract and Maintenance Bonds: Portzen Construction, Inc., for
the E. B. Lyons Expansion Project. Upon motion the documents were received, filed
and approved.
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28. Alcohol Compliance Civil Penalty for Alcohol License Holders — Oky Doky #1:
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Oky Doky #1, 250 W. 1st Street. Upon motion the
documents were received, filed and approved.
29. Tobacco Compliance — Civil Penalty for Tobacco License Holders — Oky Doky #1:
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a tobacco compliance violation for Oky Doky #1, 250 W. 1st Street. Upon motion the
documents were received, filed and approved.
30. Alcohol Compliance Civil Penalty for Alcohol License Holders — Murph's South
End Tap: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Murph's South End Tap 55 Locust
Street. Upon motion the documents were received, filed and approved.
31. Alcohol and Tobacco License Applications: City Manager recommending approv-
al of annual liquor, beer, wine and tobacco licenses as submitted. Upon motion the doc-
uments were received and filed and Resolution No. 214-14 Approving applications for
beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordinances
Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor,
Beer and Wine Licenses and Permits; and Resolution No. 215-14 Approving applica-
tions for retail cigarette/tobacco sales permits, as required by Iowa Code 453A.47A
were adopted.
RESOLUTION NO. 214-14
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:
Renewals
Keywest Conoco
2150 Twin Valley Dr.
Class E Liquor, Class B Native Wine,
Class C Beer (Sunday)
Kwik Stop C -Stores
2335 University Ave.
Class E Liquor, Class B Native Wine,
Class C Beer (Sunday)
Shannon's Bar & Grill
521 E 22nd St.
Class C Liquor (Sunday)
Walnut Tap Tavern
709 University Ave.
Class C Liquor (Sunday)
Vinny Vanucchis Little Italy
164 Main St.
Class C Liquor, Class B Wine (Sun-
day)
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Passed, approved and adopted this 21st day of July, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 215
APPROVING APPLICATIONS FOR RETAIL CIGARETTE/TOBACCO SALES PER-
MITS, AS REQUIRED BY IOWA CODE 453A.47A.
Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed with
the City Council for approval and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the Ordinances of the City and the applicants have filed the proper fees and
otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
following named applicants and locations for cigarette/tobacco sales permit.
Vapor City Outlet
3330 Asbury Rd.
Passed, approved and adopted this 21st day of July, 2014.
Roy 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. Elm Street Parking Lot Project: City Manager recommending initiation of the public
bidding process for the construction of the Elm Street Parking Lot Project, and further
recommends that a public hearing be set for August 4, 2014. Upon motion the docu-
ments were received and filed and Resolution No. 216-16Preliminary 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 advertise-
ment for bids was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on August 4, 2014 in the Historic Federal Building.
RESOLUTION NO. 216-14
ELM STREET PARKING LOT PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING
THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Elm
Street Parking Lot Project, are hereby preliminarily approved and ordered filed in the
office of the City Clerk for public inspection.
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A public hearing will be held on the 4th day of August, 2014, at 6:30 p.m. in the His-
toric Federal Building Council Chambers at which time interested persons may appear
and be heard for or against the proposed plans and specifications, form of contract and
estimated cost of said Project, and the City Clerk be and is hereby directed to cause the
attached notice of the time and place of such hearing to be published in a newspaper
having general circulation in the City of Dubuque, Iowa, which notice shall be published
not less than four days nor more than twenty days prior to the date of such hearing. At
the hearing, any interested person may appear and file objections to the proposed
plans, specifications, form of contract, or estimated cost of the Project.
The Elm Street Parking Lot Project is hereby ordered to be advertised for bids for
construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the attached 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 7th day of August, 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 18th day of August, 2014, in the Historic Federal Building
Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 21 st day of July, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. SRF Green Alley Project Bid Set 2 - Year 2: City Manager recommending initiation
of the public bidding process for the SRF Green Alley Bid Set 2 — Year 2 Project, and
further recommends that a public hearing be set for August 18, 2014. Upon motion the
documents were received and filed and Resolution No. 217-14 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 adver-
tisement for bids; Resolution No. 218-14 Approving the plats, Schedule of Assessments
and estimate of total cost for the SRF Green Alley Bid Set 2 - Year 2 Project; Resolution
No. 219-14 Resolution of Necessity for the SRF Green Alley Bid Set 2 - Year 2 Project
and Resolution No. 220-14 Fixing date of public hearing on Resolution of Necessity
were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Au-
gust 18, 2014 in the Historic Federal Building.
RESOLUTION NO. 217-14
SRF GREEN ALLEY BID SET 2 YEAR 2 PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING
THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the SRF
Green Alley Bid Set 2 — Year 2 Project in the estimated amount $951,266.09, are here -
12
by preliminarily approved and ordered filed in the office of the City Clerk for public in-
spection.
A public hearing will be held on the 18th day of August, 2014, at 6:30 p.m. in the His-
toric Federal Building Council Chambers at which time interested persons may appear
and be heard for or against the proposed plans and specifications, form of contract and
estimated cost of said Project, and the City Clerk be and is hereby directed to cause the
attached notice of the time and place of such hearing to be published in a newspaper
having general circulation in the City of Dubuque, Iowa, which notice shall be published
not less than four days nor more than twenty days prior to the date of such hearing. At
the hearing, any interested person may appear and file objections to the proposed
plans, specifications, form of contract, or estimated cost of the Project.
The SRF Green Alley Bid Set 2 —Year 2 Project is hereby ordered to be advertised
for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the attached 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 21st day of August, 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 18th day of August, 2014, in the Historic Federal
Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 21 st day of July, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION 218-14
APPROVING THE PLATS, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF
TOTAL COST FOR THE SRF GREEN ALLEY BID SET 2 - YEAR 2 PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached plats, schedule of assessments, and estimate of total cost for the
SRF Green Alley Bid Set 2 — Year 2 Project are hereby approved.
Passed, approved and adopted this 21st day of July, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION 219-14
RESOLUTION OF NECESSITY FOR THE SRF GREEN ALLEY BID SET 2 - YEAR 2
PROJECT
Whereas, the plat, schedule of assessments, and estimate of total cost for the SRF
Green Alley Bid Set 2 — Year 2 Project have been duly prepared and approved by the
City Council of the City of Dubuque and ordered placed on file in the office of City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
13
The SRF Green Alley Bid Set 2 - Year 2 Project will provide: Reconstruction of Eight
(8) alleys using interlocking concrete pavers. Reconstruction of the pavement surface
with interlocking concrete pavers.
Installation of concrete pavement to hold bricks in place.
Installation of concrete street headers and driveway headers
Installation of water main and connection of services in one alley
Repair of an existing sanitary sewer main and associated services in one alley Instal-
lation of ADA detectible warning panels and miscellaneous sidewalk at alley crossings.
There is on file in the office of the City Clerk an estimated total cost of the work, and
a preliminary plat and schedule showing the amount proposed to be assessed to each
lot for the improvement.
The date, time, and place the council will hear property owners subject to the as-
sessment and interested parties for or against the improvement, its cost, the assess-
ment, or the boundaries of the district:
That the City Council deems it advisable and necessary for the public welfare to
make the herein mentioned improvements.
Unless a property owner files objections with the City Clerk at the time of hearing on
the resolution of necessity, the property owner is deemed to have waived all objections
pertaining to the regularity of the proceeding and the legality of using the special as-
sessment procedure.
Said improvements shall be constructed in accordance with the plans and specifica-
tions which have been approved by the City Council and are now on file in the Office of
the City Clerk. The cost of making such improvement will be assessed against property
lying with the assessment limits.
The above resolution was introduced, approved and ordered placed on file with the
City Clerk this 21 st day of July, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 220-14
FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY
Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary ap-
proval to the plat, schedule of assessments, and estimated total cost for the SRF Green
Alley Bid Set 2 — Year 2 Project and ordered the plat, schedule of assessments, and es-
timate of total cost placed on file in the Office of the City Clerk; and
Whereas, the proposed Resolution of Necessity for Project has been introduced and
is now on file in the Office of the City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The City Council will meet on the 18th day of August, 2014, at 6:30 p.m. in the Histor-
ic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Io-
wa. at which time the owners of property subject to assessment for the proposed im-
provement or any other person having an interest in the matter may appear and be
heard for or against the making of the improvement, the boundaries of the district, the
cost, the assessment against any lot, or the final adoption of a resolution of necessity.
A property owner will be deemed to have waived all objections unless at the time of
hearing the property owner has filed objections with the City Clerk.
14
The City Clerk be and is hereby authorized and directed to cause a notice of the time
and place of such hearing to be published in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall be published once each week for two
consecutive weeks, the first publication of which shall be not less than ten days prior to
the day fixed for its consideration.
Passed, adopted and approved this 21 st day of July, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their appointment to the
following Boards/Commissions:
1. Housing Commission: One, 3 -year term through August 17, 2017 (Expiring term of
Baumhover). Applicant: Rick Baumhover, 601 Garfield Ave #104. Mr. Baumhover spoke
in support of his appointment.
2. Human Rights Commission: One, 3 -year term through January 1, 2016 (Vacant
term of Helgager). Applicants: Nikkole Nutter, 2897 Asbury Rd.; Susan Stone, 1384 So-
lon St. Ms. Nutter and Ms. Stone spoke in support of their respective appointments.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the City
Council and the following items.
1. Code of Ordinances Amendment - Title 16 Unified Development Code - Payday
Lenders: Proof of publication on notice of public hearing to consider a request by the
City of Dubuque to amend Section 16-7, of the Unified Development Code - Supple-
mental Use Regulations, by adding a new Section 16-7.5 Pay Day Lending Establish-
ments and adding siting requirements and the Zoning Advisory Commission recom-
mending approval. Motion by Jones to receive and file the documents and that the re-
quirement 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 Braig. Planning Services Manager Laura Carstens provided a staff report.
Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 46-14 Amend-
ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
Amending Article 16-7 Supplemental Use Regulations by Adding a New Section 7-5 Ti-
tled Pay Day Lending Establishments and Establishing Regulations to Their Location in
the Community. Seconded by Braig. Motion carried 7-0.
ORDINANCE NO. 46-14
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY AMENDING ARTICLE 16-7 SUPPLEMENTAL USE
REGULATIONS BY ADDING A NEW SECTION 7-5 TITLED PAY DAY LENDING ES-
TABLISHMENTS AND ESTABLISHING REGULATIONS TO THEIR LOCATION IN
THE COMMUNITY
15
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 Article 7-5 is hereby added as follows:
7-5: Pay Day Lending Establishments
7-5.1 Purpose
A. The special provisions of this Section are intended to regulate the location of pay
day lending establishments as herein defined, by specifying districts in which such uses
may be permitted and requirements for spatial separation of such uses. Nothing in this
Code shall be construed or interpreted to permit pay day lending establishments in are-
as other than those set forth herein.
B. The provisions of this Section shall govern the location and spatial separation of
pay day lending establishments in commercial districts and industrial districts, and no
such regulated use, as defined, may be permitted except in conformance with these
provisions.
7-5.2 Definition: Pay Day Lender: a company that; 1) accepts a check dated subse-
quent to the date it was written, and/or; 2) accepts a check on the date it was written
and holds the check for a period of time prior to deposit or presentment pursuant to an
agreement with, or any representations made to, the maker of the check, whether ex-
pressed or implied.
7-5.3 Pay Day Lending — Siting Requirements
A. Establishments may be established within any commercial or industrial zoning dis-
trict, but shall not be located within 1,200 feet of any residential district.
B. No pay day lending establishment shall be located within 2,500 feet of any other
pay day lending establishment.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided
by law.
Passed, approved and adopted this 21st day of July, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 11th day of July, 2014.
/s/Kevin S. Firnstahl, City Clerk
2. Code of Ordinances Amendment Title 16 - Unified Development Code Keeping of
Hens: Proof of publication on notice of public hearing to consider a request by the City
of Dubuque to amend the Unified Development Code to allow the keeping of Hens for
Egg Production as an accessory use in residential districts and the Zoning Advisory
Commission recommending approval. Motion by Jones to receive and file the docu-
ments and that the requirement that a proposed ordinance be considered and voted on
for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Braig. Planning Services Manager Laura Carstens provided a
staff report. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 47-14 Amend-
ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
Amending Article 16-8-5.10 Conditional Uses by Eliminating the Keeping of Hens and
16
Amending Articles 16-5-2.3 (R-1), 16-5-3.3 (R-2), 16-5-4.3 (R -2a), 16-5-5.3 (R-3), and
16-5-6.3 (R-4) to Allow the Keeping of Hens for Egg Production as an Accessory Use in
Residential Districts. Seconded by Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 47-14
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY AMENDING ARTICLE 16-8-5.10 CONDITIONAL
USES BY ELIMINATING THE KEEPING OF HENS AND AMENDING ARTICLES 16-
5-2.3 (R-1), 16-5-3.3 (R-2), 16-5-4.3 (R -2A), 16-5-5.3 (R-3), AND 16-5- 6.3 (R-4) TO
ALLOW THE KEEPING OF HENS FOR EGG PRODUCTION AS AN ACCESSORY
USE IN RESIDENTIAL DISTRICTS
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 Article 8-5.10 Conditional Uses and Articles 5-2.3, 5-3.3, 5-4.3, 5-5.3, and
5-6.3 are hereby amended as follows:
16. Reserved
Section 2. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel-
opment Code Articles 16-5-2.3 (R-1), 16-5-3.3 (R-2), 16-5-4.3 (R -2A), 16-5-5.3 (R-3),
and 16-5-6.3 (R-4) is hereby amended as follows:
5-2.3 Accessory Uses
13. The keeping of hens for egg production.
5-3.3 Accessory Uses
13. The keeping of hens for egg production.
5-4.3 Accessory Uses
13. The keeping of hens for egg production.
5-5.3 Accessory Uses
13. The keeping of hens for egg production.
5-6.3 Accessory Uses
13. The keeping of hens for egg production.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided
by law.
Passed, approved and adopted this 21 st day of July, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 11th day of July, 2014.
/s/Kevin S. Firnstahl, City Clerk
3. Code of Ordinances Amendment - Title 16 Unified Development Code Definitions:
Proof of publication on notice of public hearing to consider a request by the City of
Dubuque to amend Section 16-2-3 of the Unified Development Code to remove the def-
inition of disability and to redefine the definition of family to include a reference to City
Code Chapter 8-1.1 defining disability and the Zoning Advisory Commission recom-
mending approval. Motion by Connors to receive and file the documents and that the
17
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 Jones. Planning Services Manager Laura Carstens provided a staff report.
Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 48-14
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by Amending Article 16-2 -3 by Eliminating the Definition of Disability and to Mod-
ify the Definition of Family to Include a Reference to City Code Chapter 8-01.1 Defining
Disability. Seconded by Jones. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 48-14
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY AMENDING ARTICLE 16-2 -3 BY ELIMINATING
THE DEFINITION OF DISABILITY AND TO MODIFY THE DEFINITION OF FAMILY
TO INCLUDE A REFERENCE TO CITY CODE CHAPTER 8- 01.1 DEFINING DISA-
BILITY
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 Article 2-3 is hereby added as follows:
2-3. Definitions
Family: any number of people occupying a single dwelling unit living together as a
single housekeeping unit, related by blood, marriage, or formal adoption plus not more
than three additional people not so related, except that foster children and persons with
disabilities as defined in the City Code Section 8-1.1, shall be considered a family.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided
by law.
Passed, approved and adopted this 21 st day of July, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 11th day of July, 2014.
/s/Kevin S. Firnstahl, City Clerk
4. Southwest Arterial Right -of -Way Property Acquisition: Proof of publication on no-
tice of public hearing to consider the City's intent to acquire, or condemn if necessary,
property for the Southwest Arterial Project, and the City Manager recommending ap-
proval. Correspondence from Hugh McFadden. Motion by Braig to receive and file the
documents and adopt Resolution No. 221-14 Establishing the fair market value of real
property for the Southwest Arterial Project, directing good faith negotiations for the ac-
quisition of property and authorizing the commencement of eminent domain proceed-
ings, if necessary, to acquire property. Seconded by Connors. Hugh McFadden, 10618
Cedar Point Ct., spoke in opposition to the project stating that he believed the City was
first obligated to complete the utilities extension at the end of Pennsylvania Avenue. Mo-
tion carried 7-0.
18
RESOLUTION NO. 221-14
ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY FOR THE
SOUTHWEST ARTERIAL PROJECT, DIRECTING GOOD FAITH NEGOTIONS FOR
THE ACQUISITION OF PROPERTY AND AUTHORIZING THE COMMENCEMENT OF
EMINENT DOMAIN PROCEEDINGS, IF NECESSARY, TO ACQUIRE PROPERTY
Whereas, the City of Dubuque (City) has caused to be made appraisals of the prop-
erties described below for the Southwest Arterial Project and the Just Compensation
Valuation (Fair Market Value) for the properties are listed below; and
Whereas, the legal description of each of the properties to be acquired, the owners
and the Just Compensation Valuation (Fair Market Value) of each of the properties is
listed below; and
Whereas, the City Council has conducted a public hearing on the approval of the final
location and alignment of the Southwest Arterial Project, approved the project and the
acquisition of all or a part of the property listed below for the Southwest Arterial Project:
PROPERTY
OWNER(S)
APPRAISED VALUE
Part of Parcel 195A/ 195B as described on
Exhibit A, B and C attached
O'Rourke Farms, LLC
$ 1,067,115
and;
Whereas, Iowa law requires that the City make a good faith effort to negotiate with
the owners regarding the purchase before proceeding with condemnation; and
Whereas, the City may not make an offer to purchase a property which is less than
the Just Compensation Valuation (Fair Market Value) established for the property; and
Whereas, the City Council now desires to establish the Just Compensation Valu-
ation (Fair Market Value) for each of the properties; and
Whereas, the City wishes to acquire the properties listed for the Southwest Arte-
rial Project by good faith negotiation or eminent domain proceedings, if necessary.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The Just Compensation Valuation (Fair Market Value) of each of the
properties listed above is hereby established to be the amount of its appraised value as
listed above.
Section 2. The City Manager is directed to enter into good faith negotiations for the ac-
quisition for each of the above properties, and, if necessary, commence eminent domain
proceedings to acquire the properties.
Passed, approved and adopted this 21st day of July, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
EXHIBIT A
PROJECT PARCEL NO. 195A-1
A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF THE SOUTHWEST 1/4 OF
THE NORTHWEST 1/4, PART OF LOT 3 OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4, PART OF LOT 1 OF THE NORTHWEST 1/4 OF THE SOUTH-
WEST 1/4, AND PART OF LOT 1 OF THE EAST 1/2 OF THE SOUTHWEST 1/4, ALL
IN SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUN-
TY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOL-
LOWS:
19
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 13; THENCE
SOUTH 02° (DEGREES) 19' (MINUTES) 10" (SECONDS) EAST (ASSUMED BEAR-
ING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE WEST LINE OF THE
SOUTHWEST 1/4 OF SAID SECTION 13, A DISTANCE OF 215.14 FEET TO THE
PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 61, BEING
THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE
NORTHEASTERLY ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, BEING A
1,468.16-FOOT RADIUS CURVE CONCAVE NORTHWESTERLY AND HAVING A
303.91-FOOT LONG CHORD BEARING NORTH 41°08'24" EAST, 304.45 FEET (ARC
LENGTH); THENCE NORTH 35°11'58" EAST ON SAID SOUTHEASTERLY RIGHT-
OF-WAY LINE, 521.10 FEET; THENCE NORTHEASTERLY ON SAID SOUTHEAST-
ERLY RIGHT-OF-WAY LINE, BEING A 990.61-FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY AND HAVING A 67.65-FOOT LONG CHORD BEARING NORTH
33°14'49" EAST, 67.67 FEET (ARC LENGTH); THENCE NORTH 45°04'43" EAST ON
SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 199.84 FEET; THENCE NORTH
38°27'50" EAST ON SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, 595.36 FEET;
THENCE NORTH 77°00'06" EAST ON SAID SOUTHEASTERLY RIGHT-OF-WAY
LINE, 48.86 FEET; THENCE SOUTH 23°42'05" WEST, 245.79 FEET; THENCE
SOUTHERLY ON A 705.00-FOOT RADIUS CURVE CONCAVE EASTERLY AND HAV-
ING A 244.41-FOOT LONG CHORD BEARING SOUTH 04°03'28" WEST, 246.65 FEET
(ARC LENGTH); THENCE SOUTH 14°31'55" EAST, 267.26 FEET; THENCE SOUTH
14°36'27" WEST, 314.71 FEET; THENCE SOUTH 25°17'00" WEST, 125.95 FEET;
THENCE SOUTH 39°31'57" WEST, 108.83 FEET; THENCE SOUTH 12°33'59" WEST,
106.52 FEET; THENCE SOUTH 42°12'34" EAST, 319.77 FEET; THENCE SOUTH
63°43'23" EAST, 348.35 FEET; THENCE SOUTH 71°54'38" EAST, 371.85 FEET;
THENCE NORTH 87°23'10" EAST, 128.88 FEET; THENCE NORTH 65°32'31" EAST,
254.15 FEET; THENCE NORTH 53°08'23" EAST,205.82 FEET; THENCE NORTH
65°29'35" EAST, 220.72 FEET TO THE PRESENT SOUTHWESTERLY RIGHT-OF-
WAY LINE OF OLDE DAVENPORT ROAD; THENCE NORTH 52°17'10" EAST, 33.00
FEET TO THE CENTERLINE OF OLDE DAVENPORT ROAD; THENCE SOUTH
37°42'50" EAST ON SAID CENTERLINE, 320.00 FEET; THENCE SOUTH 52°17'10"
WEST, 33.00 FEET TO THE PRESENT SOUTHWESTERLY RIGHT-OF-WAY LINE OF
OLDE DAVENPORT ROAD; THENCE SOUTH 50°27'08" WEST, 272.18 FEET;
THENCE SOUTH 72°21'18" WEST, 292.51 FEET; THENCE SOUTH 63°05'18" WEST,
498.96 FEET; THENCE SOUTH 75°26'07" WEST, 137.26 FEET; THENCE NORTH
71°05'21" WEST, 201.02 FEET; THENCE NORTH 47°20'47" WEST, 384.57 FEET;
THENCE NORTH 39°46'38" WEST, 285.82 FEET; THENCE NORTH 65°45'23" WEST,
383.11 FEET; THENCE SOUTH 35°53'42" WEST, 650.48 FEET; THENCE SOUTH
45°46'18" WEST, 187.25 FEET TO THE WEST LINE OF THE SOUTHWEST 1/4 OF
SAID SECTION 13; THENCE NORTH 02°19'10" WEST ON SAID WEST LINE, 915.82
FEET TO THE POINT OF BEGINNING.
SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD.
HEREINAFTER TO BE KNOWN AS LOT A OF LOT 1 OF THE SOUTHWEST 1/4
OF THE NORTHWEST 1/4 AND OF LOT 3 OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4 AND OF LOT 1 OF THE NORTHWEST 1/4 OF THE SOUTHWEST
1/4 AND OF LOT 1 OF THE EAST 1/2 OF THE SOUTHWEST 1/4, ALL IN SECTION
13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBU-
QUE, STATE OF IOWA.
20
CONTAINING 1,712,564 SQUARE FEET OR 39.32 ACRES OF WHICH 10,560
SQUARE FEET OR 0.24 ACRE IS EXISTING RIGHT-OF-WAY.
COUNTY PARCEL NO. 1513152001 - LOT 1 OF THE SW1/4 OF THE NW1/4, SEC.
13-88-2E, CONTAINS 1,338 SQUARE FEET OR 0.03 ACRE.
COUNTY PARCEL NO. 1513152002 - LOT 3 OF THE SW1/4 OF THE NW1/4, SEC.
13-88-2E, CONTAINS 423,700 SQUARE FEET OR 9.73 ACRES.
COUNTY PARCEL NO. 1513300001 - LOT 1 OF THE NW1/4 OF THE SW1/4, SEC.
13-88-2E, CONTAINS 802,193 SQUARE FEET OR 18.42 ACRES.
COUNTY PARCEL NO. 1513300004 - LOT 1 OF THE E1/2 OF THE SW1/4, SEC.
13-88-2E, CONTAINS 485,333 SQUARE FEET OR 11.14 ACRES OF WHICH 10,560
SQUARE FEET OR 0.24 ACRE IS EXISTING RIGTH-OF-WAY.
EXHIBIT B
PROJECT PARCEL NO. 195A-2
A PARCEL OF LAND SITUATED IN PART OF LOT 1 OF THE SOUTHWEST 1/4 OF
THE NORTHWEST 1/4, PART OF LOT 3 OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4, AND PART OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4,
ALL IN SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M.,
COUNTY OF DUBUQUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 13; THENCE
NORTH 87° (DEGREES) 49' (MINUTES) 29" (SECONDS) EAST (ASSUMED BEAR-
ING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE SOUTH LINE OF THE
SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13, A DISTANCE
OF 956.02 FEET; THENCE NORTH 25°17'00" EAST, 51.08 FEET; THENCE NORTH
14°36'27" EAST, 314.71 FEET TO THE POINT OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED; THENCE NORTH 14°31'55" WEST, 267.26 FEET; THENCE
NORTHEASTERLY ON A 705.00 -FOOT RADIUS CURVE CONCAVE EASTERLY AND
HAVING A 244.41 -FOOT LONG CHORD BEARING NORTH 04°03'28" EAST, 246.65
FEET (ARC LENGTH); THENCE NORTH 23°42'05" EAST, 245.79 FEET TO THE
PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 61; THENCE
NORTH 77°00'06" EAST ON THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY
LINE OF U.S. HIGHWAY 61, A DISTANCE OF 74.80 FEET; THENCE SOUTH
71°09'18" EAST ON THE PRESENT SOUTHEASTERLY RIGHT-OF-WAY LINE OF
U.S. HIGHWAY 61, ALSO BEING THE PRESENT SOUTHWESTERLY RIGHT-OF-
WAY LINE OF OLDE DAVENPORT ROAD, 137.52 FEET; THENCE NORTH 53°06'04"
EAST, 33.00 FEET TO THE CENTERLINE OF OLDE DAVENPORT ROAD; THENCE
SOUTH 36°53'56" EAST ON SAID CENTERLINE, 153.19 FEET; THENCE SOUTH
13°02'50" WEST, 43.11 FEET TO THE PRESENT SOUTHWESTERLY RIGHT-OF-
WAY LINE OF OLDE DAVENPORT ROAD; THENCE SOUTH 13°01'03" WEST, 265.20
FEET; THENCE SOUTH 40°03'32" WEST, 278.11 FEET; THENCE SOUTH 55°26'06"
WEST, 148.12 FEET TO THE POINT OF BEGINNING.
SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD.
HEREINAFTER TO BE KNOWN AS LOT B OF LOT 1 OF THE SOUTHWEST 1/4
OF THE NORTHWEST 1/4 AND OF LOT 3 OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4 AND THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, ALL IN
SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY
OF DUBUQUE, STATE OF IOWA. 0.13 ACRE IS EXISTING RIGHT-OF-WAY.
21
COUNTY PARCEL NO. 1513152001 - LOT 1 OF THE SW1/4 OF THE NW1/4, SEC.
13-88-2E, CONTAINS 14,504 SQUARE FEET OR 0.33 ACRE.
COUNTY PARCEL NO. 1513152002 - LOT 3 OF THE SW1/4 OF THE NW1/4, SEC.
13-88-2E, CONTAINS 164,818 SQUARE FEET OR 3.78 ACRES.
COUNTY PARCEL NO. 1513176001 - SE1/4 OF THE NW1/4, SEC. 13-88-2E,
CONTAINS 37,748 SQUARE FEET OR 0.87 ACRE OF WHICH 5,513 SQUARE FEET
OR 0.13 ACRE IS EXISTING RIGHT-OF-WAY.
EXHIBIT C
PROJECT PARCEL NO. 195B
A PARCEL OF LAND SITUATED IN PART OF LOT 3 OF THE SOUTHWEST 1/4 OF
THE NORTHWEST 1/4, PART OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4
AND PART OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, ALL IN SECTION
13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBU-
QUE, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 13; THENCE
NORTH 87° (DEGREES) 54' (MINUTES) 58" (SECONDS) EAST (ASSUMED BEAR-
ING FOR THE PURPOSE OF THIS DESCRIPTION) ON THE NORTH LINE OF THE
NORTHWEST 1/4 OF SAID SECTION 13, A DISTANCE OF 1,350.25 FEET TO THE
NORTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SAID SECTION 13; THENCE SOUTH 02°11'51" EAST ON THE WEST LINE OF THE
NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13, A DISTANCE OF
1,048.50 FEET TO A POINT ON THE PRESENT EASTERLY RIGHT-OF-WAY LINE
OF U.S. HIGHWAY 61, BEING THE POINT OF BEGINNING OF THE PARCEL OF
LAND HEREIN DESCRIBED; THENCE NORTHEASTERLY ON THE PRESENT
EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGHWAY 61, BEING A 2,090.00 -FOOT
RADIUS CURVE CONCAVE NORTHWESTERLY AND HAVING A 157.06- FOOT
LONG CHORD BEARING NORTH 11°19'29" EAST, 157.10 FEET (ARC LENGTH);
THENCE SOUTH 80°45'33" EAST, 139.85 FEET; THENCE SOUTH 07°20'51" EAST,
601.62 FEET; THENCE SOUTH 27°35'12" WEST, 176.62 FEET TO THE PRESENT
NORTHEASTERLY RIGHT-OF-WAY LINE OF OLDE DAVENPORT ROAD; THENCE
SOUTH 13°02'50" WEST, 43.11 FEET TO THE CENTERLINE OF OLDE DAVENPORT
ROAD; THENCE NORTH 36°53'56" WEST ON SAID CENTERLINE, 109.67 FEET;
THENCE NORTH 53°06'04" EAST ON THE PRESENT NORTHEASTERLY RIGHT-OF-
WAY LINE OF OLD DAVENPORT ROAD AND ITS SOUTHWESTERLY PROLONGA-
TION A DISTANCE OF 50.00 FEET; THENCE NORTH 31°52'25" WEST ON THE
PRESENT NORTHEASTERLY RIGHT- OF -WAY LINE OF OLDE DAVENPORT ROAD,
281.13 FEET TO THE PRESENT EASTERLY RIGHT-OF-WAY LINE OF U.S. HIGH-
WAY 61; THENCE NORTH 43°03'14" EAST ON THE PRESENT EASTERLY RIGHT-
OF-WAY LINE OF U.S. HIGHWAY 61, A DISTANCE OF 44.76 FEET TO THE
SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SAID SECTION 13 (ALSO BEING THE NORTHERLY CORNER OF SAID LOT 3);
THENCE NORTH 02°11'51" EAST ON THE PRESENT EASTERLY RIGHT-OF-WAY
LINE OF U.S. HIGHWAY 61 (ALSO BEING THE WEST LINE OF THE NORTHEAST
1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 13), A DISTANCE OF 274.71 FEET
TO THE POINT OF BEGINNING.
SUBJECT TO EASEMENTS OF RECORD AND NOT OF RECORD.
22
HEREINAFTER TO BE KNOWN AS LOT A OF LOT 3 OF THE SOUTHWEST 1/4
OF THE NORTHWEST 1/4 AND THE NORTHEAST 1/4 OF THE NORTHWEST 1/4
AND THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, ALL IN SECTION 13, TOWN-
SHIP 88 NORTH, RANGE 2 EAST OF THE 5TH P.M., COUNTY OF DUBUQUE,
STATE OF IOWA.
CONTAINING 134,060 SQUARE FEET OR 3.08 ACRES OF WHICH 3,161
SQUARE FEET OR 0.07 ACRE IS EXISTING RIGHT-OF-WAY.
COUNTY PARCEL NO. 1 51 31 52002 — LOT 3 OF THE SW1/4 OF THE NW1/4, SEC.
13-88-2E, CONTAINS 1,388 SQUARE FEET OR 0.03 ACRE.
COUNTY PARCEL NO. 1513126001 - NE1/4 OF THE NW1/4, SEC. 13-88-2E,
CONTAINS 76,632 SQUARE FEET OR 1.76 ACRES.
COUNTY PARCEL NO. 1513176001 - SE1/4 OF THE NW1/4, SEC. 13-88-2E CON-
TAINS 56,040 SQUARE FEET OR 1.29 ACRES OF WHICH 3,161 SQUARE FEET OR
0.07 ACRE IS EXISTING RIGHT-OF-WAY.
5. Dubuque Regional Airport Property Easement Acquisition for Extension of Public
Utilities: Proof of publication on notice of public hearing to consider the City's intent to
acquire, or condemn if necessary, property for the extension of public utilities to the Air-
port and the City Manager recommending approval. Correspondence from Hugh
McFadden. Motion by Jones to receive and file the documents and adopt Resolution
No. 222-14 Establishing the fair market value of real property for the extension of public
utilities to the Dubuque Regional Airport, directing good faith negotiations for the acqui-
sition of property and authorizing the commencement of eminent domain proceedings, if
necessary, to acquire property. Seconded by Braig. Hugh McFadden, 10618 Cedar
Point Ct., spoke in opposition to the project stating that he believed the City was first ob-
ligated to complete the utilities extension at the end of Pennsylvania Avenue. City Man-
ager Van Milligen stated that Mr. McFadden was addressing a private property sewer
extension and that this is a public improvement project. Motion carried 7-0.
RESOLUTION NO. 222-14
ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY FOR THE EX-
TENSION OF PUBLIC UTILITIES TO THE DUBUQUE REGIONAL AIRPORT, DI-
RECTING GOOD FAITH NEGOTIONS FOR THE ACQUISITION OF PROPERTY AND
AUTHORIZING THE COMMENCEMENT OF EMINENT DOMAIN PROCEEDINGS, IF
NECESSARY, TO ACQUIRE PROPERTY
Whereas, the City of Dubuque (City) has caused to be made appraisals of the prop-
erties described below for the Extension of Public Utilities to the Dubuque Regional Air-
port and the Just Compensation Valuation (Fair Market Value) for the properties are
listed below; and
Whereas, the legal description of each of the properties to be acquired, the owners
and the Just Compensation Valuation (Fair Market Value) of each of the properties is
listed below; and
Whereas, the City Council has conducted a public hearing and has approved the pro-
ject and the acquisition of all or a part of the property listed below for the Extension of
Public Utilities to the Dubuque Regional Airport:
23
PROPERTY
OWNER(S)
APPRAISED
VALUE
Part of Parcel 101 / 102 as described on
Exhibit A and Exhibit B attached
O'Rourke Farms, LLC
$ 35,890.00
Part of Parcel 103 as described on Ex-
hibit C attached
William D. Tracy, Craig Tracy and Kay
J. Tracy
$ 14,656.00
Part of Parcel 104 as described on Ex-
hibit D attached
Patricia Furuseth
$ 6,951.00
Reimbursement for Walnut and Spruce
Trees
Patricia Furuseth
$ 17,065.75
Part of Parcel 105 as described on Ex-
hibit E attached
O'Rourke Farms, LLC
$ 25,056.00
and;
Whereas, Iowa law requires that the City make a good faith effort to negotiate with
the owners regarding the purchase before proceeding with condemnation; and
Whereas, the City may not make an offer to purchase a property which is less than
the Just Compensation Valuation (Fair Market Value) established for the property; and
Whereas, the City Council now desires to establish the Just Compensation Valuation
(Fair Market Value) for each of the properties; and
Whereas, the City wishes to acquire the properties listed for the Extension of Public
Utilities to the Dubuque Regional Airport by good faith negotiation or eminent domain
proceedings, if necessary.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The Just Compensation Valuation (Fair Market Value) of each of the proper-
ties listed above is hereby established to be the amount of its appraised value as listed
above.
Section 2. The City Manager is directed to enter into good faith negotiations for the
acquisition for each of the above properties, and, if necessary, commence eminent do-
main proceedings to acquire the properties.
Passed, approved and adopted this 21st day of July, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
EXHIBIT A
PARCEL NO. 101
PERMANENT UTILITY EASEMENT DESCRIPTION
A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANITARY SEWER
AND FIBER OPTIC CABLE UTILITIES LOCATED IN THE NORTHWEST QUARTER
(NW 1/4) OF SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH
PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA, AND MORE COMPLETELY
DESCRIBED AS FOLLOWS:
Commencing at the Northwest (NW) Corner of said Section 13; thence N 87°55'02" E
1417.50 feet along the North Line of the NW 1/4 of said Section 13 to the Point of Be-
ginning; thence continuing N 87°55'02" E 20.00 feet along said North Line; thence S
02°29'54" E 129.38 feet; thence 229.98 feet Southeasterly along a 1140.00 foot radius
curve concave Easterly and having a 229.59 feet chord bearing S 08°16'39" E; thence S
14°03'25" E 266.67 feet; thence S 09°11'37" W 185.13 feet; thence S 20°26'37" W
24
70.62 feet; thence S31°41'37" W 101.98 feet; thence S 08°51'41" W 44.91 feet; thence
S 02°23'19" E 39.36 feet; thence N 56°10'48" E 362.38 feet; thence N 58°17'06" E
374.06 feet; thence N 45°24'42" E 369.94 feet; thence N 02°26'23" E 399.94 feet;
thence N 44°50'44" E 13.59 feet to a point on the North Line of said Section 13; thence
N 87°55'02" E 29.29 feet along said North Line; thence S44°50'44" W 27.22 feet; thence
S 02°26'23" W 400.06 feet; thence S 45°24'42" W 380.06 feet; thence S 58°17'06" W
375.94 feet; thence S 56°10'48" W 374.24 feet; thence S 02°23'19" E 268.67 feet;
thence S 33°02'10" W 84.98 feet to a point on the easterly right-of-way line of US High-
way 61 & 151; thence N 31°52'25" W 44.13 feet along said easterly right-of-way line;
thence N 43°03'14" E 44.76 feet along said easterly right-of-way line; thence N
02°10'57" W 268.24 feet along said easterly right-of-way line; thence N 56°10'48" E
21.23 feet; thence N 02°23'19" W 53.55 feet; thence N 08°51'41" E 50.92 feet; thence N
31°41'37" E 104.05 feet; thence N 20°26'37" E 66.68 feet; thence N 09°11'37" E 179.05
feet; thence N 14°03'25" W 262.55 feet; thence 234.02 feet Northerly along a 1160.00
foot radius curve concave Easterly and having a 233.62 feet chord bearing N 08°16'39"
W; thence N 02°29'54" W 129.52 feet to the Point of Beginning. Said easement contains
1.50 acres including and subject to all easement of record.
NOTE: The North Line of the NW 1/4 is assumed to bear N 87°55'02" E.
EXHIBIT B
PARCEL NO. 102
PERMANENT UTILITY EASEMENT DESCRIPTION
A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANITARY SEWER
AND FIBER OPTIC CABLE UTILITIES LOCATED IN LOT 1 AND LOT 3 OF THE
SOUTHWEST QUARTER (SW 1/4) OF THE NORTHWEST QUARTER (NW 1/4) AND
LOT 1 OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER
(SW 1/4) OF SECTION 13, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH
PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA, AND MORE COMPLETELY
DESCRIBED AS FOLLOWS:
Commencing at the Southwest (SW) Corner of said Section 13; thence N 02°19'22"
W 1469.39 feet along the West Line of said Section 13 to the Point of Beginning; thence
continuing N 02°19'22" W 26.87 feet along said West Line; thence N 45°46'18" E
203.43 feet; thence N 35°53'39" E 653.67 feet; thence N 47°36'33" E 363.46 feet;
thence N 12°25'44" E 115.09 feet; thence N 39°31'57" E 107.53 feet; thence N
25°17'00" E 129.56 feet; thence N 14°36'27" E 286.71 feet; thence N 14°33'30" W
300.35 feet; thence 246.40 feet Northerly along a 705.00 foot radius curve concave
Easterly and having a 245.15 feet chord bearing N 04°01'37" E; thence N 23°42'05" E
103.46 feet; thence S 37°40'34" W 480.21 feet; thence S 40°13'12" W 399.84 feet;
thence S 35°50'57" W 451.01 feet; thence S 51°40'52" W 275.19 feet; thence S
38°00'52" W 10.77 feet to a point on the West Line of said Sectionl3; thence
N 02°19'22" W 27.87 feet to a point of the Southeasterly right-of-way line of US High-
way 61 & 151; thence N 51°40'52" E 266.50 feet; thence N 35°50'57" E 448.99 feet;
thence N 40°13'12" E 400.16 feet; thence N 37°40'34" E 502.15 feet; thence
N 33°02'10" E 121.67 feet to a point on the Easterly right-of-way line of US Highway 61
& 151; thence N 77°00'06" E 50.47 feet along said Easterly right-of-way line; thence S
33°02'10" W 38.21 feet; thence S 28°32'57" W 240.03 feet; thence S 04°03'28" W
237.47 feet; thence S 17°27'07" E 278.65 feet; thence S 14°36'27" W 322.41 feet;
25
thence S 25°17'00" W 133.92 feet; thence S 39°31'57" W 105.21 feet; thence S
12°25'44" W 116.61 feet; thence S 47°36'33" W 367.75 feet; thence S 35°53'39" W
653.35 feet; thence S 45°46'18" W 223.10 feet to the Point of Beginning. Said easement
contains 2.14 acres including and subject to all easement of record.
NOTE: The West Line of the SW 1/4 is assumed to bear N 02°19'22" W.
EXHIBIT C
PARCEL NO. 103
PERMANENT UTILITY EASEMENT DESCRIPTION #1
A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANITARY SEWER
AND FIBER OPTIC CABLE UTILITIES LOCATED IN LOT 2 OF LOT 2 OF THE
SOUTHEAST QUARTER (SE 1/4) OF SECTION 14, TOWNSHIP 88 NORTH, RANGE
2 EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA, AND
MORE COMPLETELY DESCRIBED AS FOLLOWS:
Commencing at the Southeast (SE) Corner of said Section 14; thence N 02°19'22" W
1469.39 feet along the East Line of said Section 14 to the Point of Beginning; thence
continuing N 02°19'22" W 49.03 feet along said East Line to a point on the South Line of
Lot A of Lot 2 of Lot 2 of said SE 1/4; thence S 26°04'49" W 168.21 feet along said
South Line; thence S 39°36'57" W 182.98 feet along said South Line; thence S
58°35'29" W 261.63 feet along said South Line; thence S 69°47'09" W 187.78 feet along
said South Line; thence S 36°22'21" W 431.96 feet along said South Line; thence N
72°38'44" W 312.44 feet along said South Line; thence 248.89 feet Southwesterly along
a 800.00 foot radius curve concave Southeasterly and having a 247.89 feet chord bear-
ing S 40°25'29" W along said South Line; thence S 35°16'20" W 286.50 feet along said
South Line to a point on the Easterly right-of-way line of US Highway 61 & 151; thence
18.75 feet Southerly along a 922.00 foot radius curve concave Easterly and having a
18.75 feet chord bearing S 11°39'26" W along said right-of-way line; thence N 90°00'00"
E 15.25 feet; thence N 35°16'20" E 38.02 feet; thence S 01°24'09" W 409.52 feet;
thence S 02°12'43" E 18.24 feet to a point on the South Line of said Lot 2 of Lot 2;
thence N 87°24'30" E 20.00 feet along said South Line; thence N 02°12'43" W 17.49
feet; thence N 01°24'09" E 438.61 feet; thence N 35°16'20" E 221.67 feet; thence
232.28 feet Northeasterly along a 780.00 foot radius curve concave Southeasterly and
having a 231.42 feet chord bearing N 39°59'43" E; thence S 72°38'44" E 315.52 feet;
thence N 36°22'21" E 440.22 feet; thence N 69°47'09" E 183.73 feet; thence N
58°35'29" E 266.94 feet; thence N 39°36'57" E 188.70 feet; thence N 27°34'25" E
127.50 feet to the Point of Beginning. Said easement contains 1.16 acres including and
subject to all easement of record.
PARCEL NO. 103
PERMANENT UTILITY EASEMENT DESCRIPTION #2
A PERMANENT UTILITY EASEMENT FOR WATER MAIN, SANITARY SEWER
AND FIBER OPTIC CABLE UTILITIES LOCATED IN LOT 2 OF LOT 2 OF THE
SOUTHEAST QUARTER (SE 1/4) OF SECTION 14, TOWNSHIP 88 NORTH, RANGE
2 EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA, AND
MORE COMPLETELY DESCRIBED AS FOLLOWS:
Commencing at the Southeast (SE) Corner of said Section 14; thence N 02°19'22" W
2403.31 feet along the East Line of said Section 14 to the Point of Beginning; thence
26
continuing N 02°19'22" W 30.90 feet along said East Line to a point on the Southeaster-
ly right-of-way line of US Highway 61 & 151; thence S 38°00'52" W 860.91 feet along
said Southeasterly right-of-way line; thence N 45°40'36" E 150.00 feet; thence N
38°00'52" E 688.70 feet to the Point of Beginning. Said easement contains 0.36 acres
including and subject to all easement of record.
NOTE: The East Line of the SE 1/4 is assumed to bear N 02°19'22" W.
EXHIBIT D
PARCEL NO. 104
PERMANENT UTILITY EASEMENT DESCRIPTION
A PERMANENT UTILITY EASEMENT, TWENTY (20) FEET IN WIDTH, FOR SANI-
TARY SEWER LOCATED IN LOT 4 OF FURUSETH'S SUBDIVISION, IN LOT 33 OF
FURUSETH'S SIXTH ADDITION AND IN LOT 2 OF FURUSETH'S EIGHTH ADDITION
OF SECTION 23, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH PRINCIPAL
MERIDIAN, DUBUQUE COUNTY, IOWA, TEN (10) FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
Commencing at the Northwest (NW) Corner of the Northeast Quarter (NE 1/4) of said
Section 23; thence N 87°24'30" E 1189.47 feet along the North Line of the NE 1/4 of said
Section 23 to the Point of Beginning; thence S 02°13'54" E 382.13 feet; thence S
04°25'28" E 402.17 feet; thence S 03°19'27" W 330.00 feet; thence S 06°59'30" W
305.00 feet; thence S 74°37'39" W 38.77 feet to a point on the East right-of-way line of
Elmwood Drive and there terminating.
Said easement contains 0.67 acres including and subject to all easement of record.
NOTE: The North Line of the NE 1/4 is assumed to bear N 87°24'30" E.
EXHIBIT E
PARCEL NO. 105
PERMANENT INGRESS -EGRESS EASEMENT DESCRIPTION
A PERMANENT INGRESS -EGRESS EASEMENT, 30.00 FOOT IN WIDTH, LOCAT-
ED IN THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER
(SW 1/4) OF SECTION 23, TOWNSHIP 88 NORTH, RANGE 2 EAST OF THE 5TH
PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA, BEING 15.00 FEET ON EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
Commencing at the Northwest (NW) Corner of the Southwest Quarter (SW 1/4) of
said Section 23; thence S 02°05'55" E 185.33 feet along the West Line of said Section
23 to a point on the South Right -of -Way Line of US Highway 151; thence N 81°42'54" E
284.66 feet along said South Right -of -Way Line to the Point of Beginning; thence S
32°36'20" W 19.84 feet; thence S 81°42'54" W 258.21 feet parallel to and 15.00 feet
perpendicularly distant from said South Right -of -Way Line; thence S 02°05'55" E 655.58
feet parallel to and 15.00 feet perpendicularly distant from the West Line of the South-
west Quarter (SW 1/4) of said Section 23; thence S 85°10'04" E 76.47 feet; thence S
53°34'15" E 112.75 feet; thence S 87°03'58" E 35.06 feet; thence N 67°39'19" E 72.61
feet; thence N 89°46'57" E 98.48 feet; thence S 82°40'11" E 126.40 feet; thence N
89°37'06" E 137.93 feet; thence S 74°34'02" E 49.10 feet; thence S 89°37'00" E 44.28
feet; thence N 35°50'21" E 39.45 feet; thence N 12°50'56" E 62.26 feet; thence N
75°58'17" E 36.70 feet; thence S 58°25'39" E 72.11 feet; thence S 83°54'58" E 52.93
feet; thence S 66°17'33" E 54.57 feet; thence S 75°58'17" E 86.98 feet; thence N
48°24'11" E 26.29 feet; thence N 32°25'19" E 46.12 feet; thence N 66°46'28" E 83.12
27
feet; thence S 27°17'22" E 109.01 feet to a point on the Northerly Line of a City of
Dubuque permanent utility easement and there terminating. Said ingress -egress ease-
ment contains 1.62 acres including and subject to all easement of record.
NOTE: The West Line of the SW 1/4 is assumed to bear S 02°05'55" E.
PARCEL NO. 105
PERMANENT UTILITY EASEMENT DESCRIPTION
A PERMANENT UTILITY EASEMENT FOR A SANITARY SEWER LINE LOCATED IN
THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 23, TOWNSHIP 88 NORTH,
RANGE 2 EAST OF THE 5TH PRINCIPAL MERIDIAN, DUBUQUE COUNTY, IOWA, AND
MORE COMPLETELY DESCRIBED AS FOLLOWS:
Commencing at the Southwest (SW) Corner of said Section 23; thence N 88°09'41" E
1166.25 feet along the South Line of said Section 23 to the Point of Beginning; thence N
14°50'06" E 497.76 feet; thence N 00°05'59" W 497.31 feet; thence N 15°49'56" W 659.09
feet; thence N 44°13'04" E 402.28 feet; thence N 77°09'08" E 244.30 feet; thence N
56°54'44" E 310.73 feet; thence N 37°04'21" E 189.47 feet; thence N 48°13'29" E 49.51 feet
to a point of the Southwesterly right-of-way line of US Highway 61 & 151; thence 20.03 feet
Southeasterly along a 1056.00 foot radius curve concave Southwesterly and having a 20.03
feet chord bearing S 38°49'34" E along said Southwesterly right-of-way line; thence S
48°13'29" W 46.53 feet; thence S 37°04'21" W 191.01 feet; thence S 56°54'44" W 317.79
feet; thence S 77°09'08" W 241.96 feet; thence S 44°13'04" W 384.81 feet; thence S
15°49'56" E 650.30 feet; thence S 00°05'59" E 502.69 feet; thence S 14°50'06" W 494.39
feet to a point on the South Line of said Section 23; thence S 88°09'41" W 20.88 feet to the
Point of Beginning. Said easement contains 1.30 acres including and subject to all ease-
ment of record.
NOTE: The South Line of the SW 1/4 is assumed to bear N 88°09'41" E.
6. Iowa Department of Natural Resources - Mines of Spain Lease Agreement: Proof
of publication on notice of public hearing to consider an amended agreement between
the City of Dubuque and the Iowa Department of Natural Resources to add the E.B. Ly-
ons Interpretive Area Addition (Bottoms Farm) to the City's lease with the Iowa Depart-
ment of Natural Resources and the City Manager recommending approval. Motion by
Lynch to receive and file the documents and adopt Resolution No. 223-14 Authorizing
Second Amendment of Lease Agreement with Iowa Department of Natural Resources
for the E.B. Lyons Interpretive Area Addition. Seconded by Connors. Charles Winter -
wood, 1555 Montrose Terrace, spoke in favor of the recommendation. Motion carried 7-
0.
RESOLUTION NO. 223-14
AUTHORIZING SECOND AMENDMENT OF LEASE AGREEMENT WITH IOWA DE-
PARTMENT OF NATURAL RESOURCES FOR THE E.B. LYONS INTERPRETIVE
AREA ADDITION
Whereas, the Iowa Department of Natural Resources has a lease agreement with the
City of Dubuque for the E.B. Lyons Interpretive Center and 30 -acre Interpretive Area at
Mines of Spain State Recreation Area owned by the City of Dubuque; and
Whereas, the City of Dubuque has retained ownership of the 52 -acre E.B. Lyons In-
terpretive Area Addition; and
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Whereas, it is advantageous to have the E.B. Lyons Interpretive Center, Interpretive
Area, and Interpretive Area Addition under lease by the Iowa Department of Natural Re-
sources; and
Whereas, the Iowa Department of Natural Resources has agreed to amend the lease
agreement with the City of Dubuque to include the E.B. Lyons Interpretive Area Addi-
tion.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authorized to sign the second amendment of the
Lease agreement with the Iowa Department of Natural Resources for the E.B. Lyons
Interpretive Area Addition, subject to final approval of all corrections by the City Attor-
ney.
Passed, approved and adopted this 21st day of July, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Chaplain Schmitt Island Master Plan: Proof of publication on notice of public hear-
ing to consider approval of the Chaplain Schmitt Island Master Plan and the City Man-
ager recommending approval. Motion by Connors to receive and file the documents and
adopt Resolution No. 224-14 Adopting the Chaplain Schmitt Island Master Plan. Se-
conded by Jones. Andrew Dresdner of Cunningham Group provided a slide presenta-
tion of the project overview. Ken Guinter, President of the Mississippi Walleye Club,
asked the City Council to consider parking issues at the Hawthorne Boat Ramp that he
stated are increasing on summer weekends. Charles Winterwood, 1555 Montrose Ter-
race, questioned developing land that is not flood protected and asked if the project had
received approval from the Long Range Planning Advisory Commission. Motion carried
7-0.
RESOLUTION NO. 224-14
ADOPTING THE CHAPLAIN SCHMITT ISLAND MASTER PLAN
Whereas, the City of Dubuque and Mystique Casino / Dubuque Racing Association
(DRA) have jointly funded the creation of a Master Plan for Chaplain Schmitt Island; and
Whereas, the Master Plan identifies opportunities and partnerships for development
and improvements, including an economic feasibility/market study; and
Whereas, the 2012 Dubuque Comprehensive Plan includes goals and objectives for
riverfront development.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council hereby adopts the Chaplain Schmitt Island Master
Plan as it is consistent with the Dubuque Comprehensive Plan.
Passed, approved and adopted this 21st day of July, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
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ACTION ITEMS
1. Sustainable Dubuque Community Grant Program Recommendations: City Manag-
er recommending approval for funding of nineteen Sustainable Dubuque Community
grant applications. Motion by Lynch to receive and file the documents and approve the
recommendation. Seconded by Jones. Motion carried 7-0.
2. Smarter Travel Project Local Match: City Manager recommending approval of local
funds to match the Iowa Department of Transportation's ICAAP funds to implement the
IBM Smarter Travel project. Motion by Jones to receive and file the documents and ap-
prove the recommendation. Seconded by Connors. Motion carried 7-0.
3. Jule Transit Facility Roof & Sprinkler Repair Project Award: This item was removed
from the agenda at the request of the City Manager.
4. Code of Ordinances Amendment - Title 10 Motorized Personal Watercraft: City
Manager recommending amending City Ordinance Section 10-7-13 to add motorized
personal watercraft operation to the list of prohibited activities, as well as add additional
areas where activities are prohibited. Motion by Connors to receive and file the docu-
ments and that the requirement that a proposed ordinance be considered and voted on
for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Lynch. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 49-14
Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property,
Chapter 7 Boats, Boating and Waterfront Structures, Section 10-7-13 Activities by Add-
ing Motorized Personal Watercraft Operation to the List of Prohibited Activities and Add-
ing Additional Areas Where Activities are Prohibited. Seconded by Lynch. Motion car-
ried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 49-14
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY AMENDING ARTICLE 16-2 -3 BY ELIMINATING
THE DEFINITION OF DISABILITY AND TO MODIFY THE DEFINITION OF FAMILY
TO INCLUDE A REFERENCE TO CITY CODE CHAPTER 8- 01.1 DEFINING DISA-
BILITY
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 Article 2-3 is hereby added as follows:
2-3. Definitions
Family: any number of people occupying a single dwelling unit living together as a
single housekeeping unit, related by blood, marriage, or formal adoption plus not more
than three additional people not so related, except that foster children and persons with
disabilities as defined in the City Code Section 8-1.1, shall be considered a family.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
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Section 3. This ordinance shall take effect immediately upon publication, as provided
by law.
Passed, approved and adopted this 21 st day of July, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 25th day of July, 2014.
/s/Kevin S. Firnstahl, City Clerk
5. Code of Ordinances Amendment - Title 5 Transit Advisory Board: City Manager
recommending approval of an ordinance which repeals Chapter 1 Transit Advisory
Board provisions and adopting a new Chapter 1 which establishes the Transit Advisory
Board and provides for the powers, operation, membership, meetings and procedure for
fare increase or reduction in service. Motion by Jones to receive and file the documents
and that the requirement that a proposed ordinance be considered and voted on for
passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Connors. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 50-14 Amend-
ing City of Dubuque Code of Ordinances Title 5 Transit System by Repealing Chapter 1
Transit Advisory Board; General Provisions and Adopting a New Chapter 1 Transit Ad-
visory Board in Lieu Thereof Establishing the Transit Advisory Board and Providing for
the Powers, Operation, Membership, Meetings, and Procedure for Fare Increase or Re-
duction in Service. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 50-14
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 5 TRANSIT SYS-
TEM BY REPEALING CHAPTER 1 TRANSIT ADVISORY BOARD; GENERAL PRO-
VISIONS AND ADOPTING A NEW CHAPTER 1 TRANSIT ADVISORY BOARD IN
LIEU THEREOF ESTABLISHING THE TRANSIT ADVISORY BOARD AND PROVID-
ING FOR THE POWERS, OPERATION, MEMBERSHIP, MEETINGS, AND PROCE-
DURE FOR FARE INCREASE OR REDUCTION IN SERVICE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 5, Chapter 1 of the City of Dubuque Code of Ordinances is hereby re-
leased and the following adopted in lieu thereof:
Chapter 1 TRANSIT ADVISORY BOARD
5-1-1: BOARD CREATED: There is hereby created the Transit Advisory Board.
5-1-2: PURPOSE: The purpose of the board is to recommend the establishment of
routes, schedules, and changes in fare structure and/or rates.
5-1-3: INTERNAL ORGANIZATION AND RULES: The board may adopt rules and
regulations to govern its organizational procedures as may be necessary and which are
not in conflict with this Code of Ordinances or the Iowa Code.
5-1-4: PROCEDURES FOR OPERATION: All administrative, personnel, accounting,
budgetary, and procurement policies of the city govern the board in all its operations.
5-1-5: MEMBERSHIP: The board comprises five (5) residents of the city, appointed
by the city council.
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5-1-6: OATH: Each person, upon appointment or reappointment to the board, must
execute an oath of office at the first meeting of the board following the appointment or
reappointment or at the city clerk's office any time prior to the first meeting of the board.
5-1-7: TERMS: The term of office for members of the board is three (3) years or until
such member's successor is appointed and qualified.
5-1-8: VACANCIES: Vacancies must be filled in the same manner as original ap-
pointments.
5-1-9: OFFICERS/ORGANIZATION: The board must choose annually a chairperson
and vice -chairperson, each to serve a term of one (1) year. The chairperson must ap-
point a secretary, who need not be a member of the board. The board must fill a vacan-
cy among its officers for the remainder of the officer's unexpired term.
5-1-10: MEETINGS:
A. Regular Meetings. The board must meet not less than bimonthly.
B. Special Meetings. Special meetings may be called by the chairperson or at the
written request of a majority of the members.
C. Open Meetings. All meetings must be called and held in conformance with the
Iowa Open Meetings Law.
D. Attendance.
1. In the event a member of the board has been absent for three (3) or more con-
secutive meetings of the board, without being excused by the chairperson, such
absence will be grounds for the board to recommend to the city council that the
position be declared vacant and a replacement appointed.
2. Attendance must be entered upon the minutes of all meetings.
E. Minutes. A copy of the minutes of all regular and special meetings of the board
must be filed with the city council within ten (10) working days after each meeting,
or by the next regularly scheduled city council meeting, whichever is later.
F. Quorum. Three (3) members of the board constitute a quorum for the transaction
of business. The affirmative vote of a majority of the members present and voting
is necessary for the adoption of any motion or resolution.
5-1-11: COMPENSATION: Members serve without compensation, provided that they
may receive reimbursement for necessary travel and other expenses while on official
board business within the limits established in the city administrative policies and budg-
et.
5-1-12: REMOVAL: The city council may remove any member for cause upon written
charges and after a public hearing.
5-1-13: POWERS: The board has the following powers, duties, and responsibilities:
A. Advise the city council on executing agreements and grants relating to the transit
system operation and the purchase of new equipment.
B. Advise the city council on rates, fares, or charges for the transportation of passen-
gers and any incidental services and the rates or charges to be made for advertis-
ing in buses or any other facility.
5-1-14: FARE INCREASE OR REDUCTION IN SERVICE, PROCEDURE:
A. Public Hearing. Prior to the adoption of any fare increase or a substantial reduction
in service by the city council, the city council must set a time and place for public
hearing on such proposed fare increase or reduction in service, and must cause a
notice of the time and place of such hearing to be published in a newspaper of
general circulation in the city not less than four (4) nor more than twenty (20) days
32
prior to such hearing. All notices must comply with all federal, state, and local
regulations.
B. Contents of Notice. The notice must state the time and place of hearing, include a
summary of the proposed fare increase or reduction in service level, indicate who
the increase or reduction will affect, indicate the date the increase or reduction will
take effect, and request that interested persons comment, in writing filed with the
city clerk prior to the time of the public hearing or in person at the public hearing,
on the proposed increase or reduction. The notice must also state that any com-
ments submitted will be considered by the city council, and that following the pub-
lic hearing, the city council will act to adopt, modify or reject the proposed fare in-
crease or reduction in service. All notices must comply with all federal, state, and
local regulations.
Section 2. Nothing herein effects the term of any person serving as a member of the
board as of the effective date of this Ordinance.
Section 3. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 21 st day of July, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 25th day of July, 2014.
/s/Kevin S. Firnstahl, City Clerk
COUNCIL MEMBER REPORTS
Mayor Buol and Council Member Connors paid tribute to former Council Member Ann
Michalski, who passed away on July 17, 2014.
Council Member Jones reported on Senator Tom Harkin's Legacy Tour, which
stopped in Dubuque.
CLOSED SESSION
Motions by Jones to convene in closed session at 8:24 p.m. to discuss pending litiga-
tion and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Second-
ed by Connors. Motion carried 7-0.
Upon motion the City Council reconvened in open session at 9:26 p.m. stating that
staff had been given property direction.
There being no further business, the City Council adjourned at 9:27 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
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