8 5 13 City Council Proceedings Official_Special and Regular
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:00 p.m. on August 5, 2013 in
th
the Historic Federal Building, 350 W. 6 Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on the Washington Neighborhood Market
Analysis.
WORK SESSION
Washington Neighborhood Market Analysis
Neighborhood Division Specialist Jerelyn O’Connor, Housing and Community Develop-
ment Director, Alvin Nash, Economic Development Coordinator, Megan Starr, Acting
Economic Development Director Phil Wagner, and AICP and LEED A P, Principal Scott
Goldstein presented an overview of the completed and ongoing projects in the Wash-
ington Neighborhood and there positive effects.
There being no further business upon motion the City Council adjourned at 6:04 p.m.
/s/Trish L Gleason, CMC
Assistant City Clerk
1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on August 5, 2013 in
th
the Historic Federal Building, 350 W. 6 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)
Chamber Volunteer Appreciation Day (August 8, 2013) was accepted by Damian
Waid, Membership Manager, Dubuque Area Chamber of Commerce.
Red Cross River View Barbeque Day (August 15, 2013) was accepted by Red Cross
Board Chair: Tom Stricker, and Board Members: Mark Dalsing and Joe Blodgett.
Attendance Awareness Month (September 2013) was accepted by Shirley Horse-
man, Dubuque Community Schools and Nicole Yockey, Attendance Coordinator, Dubu-
que’s Campaign for Third Grade Reading.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Resnick. Motion carried 7-0.
Minutes and Reports Submitted:Arts and Cultural Affairs Advisory Commission of
6/25; Catfish Creek Watershed Management Authority of 4/25; City Council Proceed-
ings of 7/15 and 7/30; Civic Center Advisory Commission of 7/29; Civil Service Com-
mission of 7/12; Historic Preservation Commission of 6/20; Housing Commission of
6/25; Human Rights Commission of 6/10; Investment Oversight Advisory Commission of
7/24; Library Board of Trustees Update of 7/25; Sister City Relationships Advisory
Commission of 7/10; Zoning Board of Adjustment of 7/25; Proof of publication for City
Council Proceedings of 7/1. Upon motion the documents were received and filed.
Notice of Claims and Suits:Sheryl Holder for vehicle damage. Upon motion the doc-
uments were received, filed and referred to the City Attorney.
Disposition of Claims:City Attorney advising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Sheryl Holder for vehicle damage. Upon motion the documents were re-
ceived, filed and concurred.
2
Government Finance Officers Association - Certificate of Achievement:City Manager
th
advising that the City of Dubuque has been awarded its 25 consecutive Certificate of
Achievement for Excellence in Financial Reporting from the Government Officer’s Fi-
nance Association (GFOA). Upon motion the documents were received and filed.
Area Residential Care Easement Agreement Proposed Amendment:City Manager
recommending approval of the First Amendment to Easement Agreement with Area
Residential Care to outline the responsibility for pavement markings and the purchase
of benches and outside improvements. Upon motion the documents were received and
filed and Resolution No. 238-13 approval of the First Amendment to Easement Agree-
ment between the City of Dubuque, Iowa and Area Residential Care, Inc. was adopted.
RESOLUTION NO. 238-13
APPROVAL OF FIRST AMENDMENT TO EASEMENT AGREEMENT BETWEEN THE
CITY OF DUBUQUE, IOWA AND AREA RESIDENTIAL CARE, INC.
Whereas, Area Residential Care, Inc. (ARC) and the City of Dubuque, Iowa (City) en-
th
tered into an Easement Agreement (the Easement Agreement) dated the 7 day of
May, 2012 for the construction and operation of a bus transfer center at ARC's facility
located at John F. Kennedy Circle in Dubuque, Iowa (the Transfer Center) described in
that Easement Agreement; and
Whereas, Section 3.5 of the Easement Agreement sets forth ARC's local match con-
tribution to the construction costs of the Transfer Center; and Whereas, Section 6 of the
Easement Agreement sets forth the repair and maintenance responsibilities of City and
ARC; and
Whereas, City and ARC now desire to modify ARC's local match contribution by re-
ducing the amount ARC will contribute to the local match by $2,500.00; and
Whereas, City now desires to initially install pavement markings at the Transfer Cen-
ter and ARC now desires to bear responsibility for the ongoing maintenance of those
pavement markings; and
Whereas, City and ARC now desire to amend the Easement Agreement as set forth
in the attached First Amendment to Easement Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the First Amendment to Easement Agreement attached hereto is
hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the First
Amendment to Easement Agreement on behalf of the City of Dubuque.
th
Passed, approved and adopted this 5 day of August, 2013.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, CMC, Assistant City Clerk
Federal Transit Administration Authorizing Resolution: City Manager recommending ap-
proval of a Resolution allowing Candace Eudaley, the new Director of Jule Transit Op-
erations, to submit applications and other reporting documents to the Federal Transit
Authority on behalf of the City of Dubuque. Upon motion the documents were received,
3
filed and Resolution No. 239-13 Authorizing the Director of Jule Transit Operations file
applications with the Federal Transit Administration, an Operating Administration of the
United States Department of Transportation, for Federal Transportation Assistance Au-
thorized by 49 U.S.C. Chapter 53 Title 23 United States Code and other Federal Stat-
utes administered by the Federal Transit Administration was adopted.
RESOLUTION NO. 239-13
AUTHORIZING THE DIRECTOR OF JULE TRANSIT OPERATIONS FILE APPLICA-
TIONS WITH THE FEDERAL TRANSIT ADMINISTRATION, AN OPERATING ADMIN-
ISTRATION OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR
FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C. CHAP-
TER 53 TITLE 23 UNITED STATES CODE AND OTHER FEDERAL STATUTES AD-
MINISTERED BY THE FEDERAL TRANSIT ADMINISTRATION
Whereas, the Federal Transportation Administrator has been delegated authority to
award Federal financial assistance for a transportation project; and
Whereas, the grant or cooperative agreement for Federal Financial assistance will
impose certain obligations upon the Applicant, and may require the Applicant to provide
the local share of the project cost; and
Whereas, the Applicant has or will provide all annual certifications and assurances to
the Federal Transit Administration required for the project; and
Whereas, the Mayor may authorize a designee to execute and file applications to the
Federal Transit Administration on behalf of the City of Dubuque; and
Whereas, Candace Eudaley has been appointed as the new Director of Jule Transit
Operations, effective July 29, 2013.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA, AS FOLLOWS:
Section 1. The Mayor of the City of Dubuque has authorized Candace Eudaley, Di-
rector of Jule Transit Operations, to serve as designee to execute and file application for
Federal assistance on behalf of the City of Dubuque d.b.a. The Jule Transit with the
Federal Transit Administration for Federal Assistance authorized by 49 U.S.C. Chapter
53, Title 23, United States Code, or other Federal statutes authorizing a project adminis-
tered by the Federal Transit Administration.
Section 2. The Mayor of the City of Dubuque or his/her designee (i.e. Director of Jule
Transit Operations) is authorized to execute and file with its application the annual certi-
fication and assurances and other documents the Federal Transportation Administration
requires before awarding a Federal grant or cooperative agreement.
Section 3. The Mayor of the City of Dubuque or his/her designee (i.e. Director of Jule
Transit Operations) is hereby authorized and directed to execute said grant and coop-
erative agreements with the Federal Transit Administration on behalf of the City of
Dubuque and the City Clerk is authorized and directed to attest his signature.
th
Passed, approved and adopted this 5 day of August, 2013.
Roy D Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
Traffic Engineer Position:City Manager recommending approval to eliminate one En-
gineering Technician position and create an additional Traffic Engineer position in the
Engineering Department. Upon motion the documents were received, filed and ap-
proved.
4
Final Plat - English Ridge Subdivision No. 3:City Manager recommending approval
of the final plat of English Ridge Subdivision No. 3. Upon motion the documents were
received, filed and Resolution No. 240-13 Authorizing approval of the Final Plat of Eng-
lish Ridge Subdivision No. 3 in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 240- 13
AUTHORIZING APPROVAL OF THE FINAL PLAT OF ENGLISH RIDGE SUBDIVI-
SION NO. 3 IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of English Ridge Sub-
division No. 3 in the City of Dubuque, Iowa; and
Whereas, upon said final plat appear streets to be known as Stone Valley Drive (Lot
A), South Wilshire Lane (Lot B), North Wilshire Lane (Lot C) and Shrewsbury Lane (Lot
D) together with certain public utility, storm sewer and water main easements, which the
owner by said final plat has dedicated to the public forever; and
Whereas, the preliminary plat has been examined by the Zoning Advisory Commis-
sion and its approval has been endorsed thereon; and
Whereas, said final plat has been reviewed by the City Planner and her approval has
been endorsed thereon, subject to the owner’s agreeing to the conditions specified
herein; and
Whereas, said final plat has been examined by the City Council and the City Council
find the final plat conforms to the applicable statutes and ordinances, except that streets
and public utilities have not yet been completely constructed or installed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Stone Valley Drive (Lot A), South Wilshire Lane (Lot
B), North Wilshire Lane (Lot C) and Shrewsbury Lane (Lot D) and the easements for
public utilities, storm sewer and water mains, as they appear on said final plat, be and
the same are hereby accepted; and
Section 2. That the Final Plat of English Ridge Subdivision No. 3 is hereby approved
and the Mayor and City Clerk are hereby authorized and directed to endorse the ap-
proval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said
property herein named, execute their written acceptance of the attached conditions and
further agree:
(a) To reduce Stone Valley Drive (Lot A), South Wilshire Lane (Lot B), North Wilshire
Lane (Lot C) and Shrewsbury Lane (Lot D) to grade and to construct longitudinal
sub-drain, concrete curb and gutter with asphaltic concrete pavement or Portland
Cement concrete pavement with integral curb, all in accordance with the City of
Dubuque standard specifications in a manner acceptable to the City Engineer, in
conformance with construction improvement plans approved by the City Engineer,
and inspected and approved by the City Engineer.
(b) To install sanitary sewer mains and sewer service laterals into each individual lot,
water mains and water service laterals into each individual lot, storm sewers and
catch basins, boulevard street lighting, fiber optic conduit, and erosion control devic-
es all in accordance with the City of Dubuque standard specifications in a manner
acceptable to the City Engineer, and in accordance with construction improvement
plans approved by the City Engineer, and inspected and approved by the City Engi-
neer.
(c) To construct accessible sidewalk ramps at the intersections of Stone Valley Drive
5
with South Wilshire Lane, North Wilshire Lane, and Shrewsbury Lane in accordance
with City of Dubuque Standards and Specifications.
(d) To construct the improvements outlined in (a), (b) and (c) above within two years
from the date of acceptance of this resolution, at the sole expense of the owners, or
future owner.
(e) To maintain the improvements outlined in (a), (b) and (c) above for a period of
two (2) years from the date of the acceptance of those improvements by the City
Council of the City of Dubuque, Iowa, at the sole final expense of the owners, or fu-
ture owner;
(f) To provide security for the performance of the foregoing conditions specified in
Section 16-11-24 of the Unified Development Code in such form and with such sure-
ties as may be acceptable to the City of Dubuque, Iowa.
Section 3. That sidewalk installation, excluding the accessible ramps noted in Section
2(c) above, shall be the responsibility of each lot owner for each lot abutting the public
rights-of-way, including lots with multiple frontages, as required by City Code Chapter
10-1-2 (Sidewalk Installation and Repair).
Section 4. That the owner must continue to own and maintain stormwater detention
basin (Lot A of English Ridge Subdivision) until (1) the facility has been fully completed,
(2) 80% of the platted lots shown on the preliminary plat of English Ridge Subdivision
have been fully developed, and 3) adequate erosion control measures, as approved by
the City Engineer, have been installed on the remaining 20% of the said lots. Ac-
ceptance of the detention facility must be approved by the City Council as required by
the Unified Development Code. Upon the City’s acceptance of the detention facility, the
inspection, administrative and maintenance expenses incurred by the City of Dubuque
for the storm water detention facility (Lot A of English Ridge Subdivision) shall be as-
sessed against the property owners, except the City of Dubuque, of all phases of Eng-
lish Ridge Subdivision as indicated above and on the preliminary plat, in equal amounts,
and the City Manager shall certify such costs to the City Clerk, who in turn shall prompt-
ly certify such costs to the Dubuque County Treasurer, and such costs shall then be col-
lected with and in the same manner as general property taxes in accordance with provi-
sions of law.
Section 5. That the planting of street trees shall be coordinated with the City Forester.
Any trees planted within the street right-of-way must be chosen and planted by the City
of Dubuque Leisure Services Department at the developer’s expense.
Section 6. That the final acceptance of the public improvements shall only occur upon
certification of the City Engineer to the City Council that the public improvements have
been completed in accordance with the approved improvement plans and City stand-
ards and specifications and accepted by City Council Resolution.
Section 7. That in the event English Ridge, LLC fails to execute the acceptance and
furnish the guarantees provided hereof within 180 days after the date of this Resolution,
the provisions hereof shall be null and void and the acceptance of the dedication and
approval the plat shall not be effective.
th
Passed, approved and adopted this 5 day of August, 2013.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
6
ACCEPTANCE OF RESOLUTION NO. 240-13
I, the undersigned, Larry McDermott, representing English Ridge, LLC, having read the
terms and conditions of the Resolution No. 240-13 and being familiar with the condi-
tions thereof, hereby accept this same and agree to the conditions required therein.
th
Dated in Dubuque, Iowa this 30 day of August, 2013.
/s/ Larry McDermott
Civil Service Commission:Civil Service Commission submitting the Certified Lists for
Mechanic, Medical Officer, Police Officer and Sanitation Driver. Upon motion the docu-
ments were received and filed.
July 11, 2013
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Mechanic was administered on June 27, 2013. We hereby certify that the individuals
listed below have passed this written examination and the vacancy for this position
should be made from this list and that this list is good for two (2) years from above date.
Mechanic
1. Alan Vondran 11.Daniel Kelley 21. Randy Hancock
2. Larry Hoppman 12. Kevin Munson 22. Jeff Oberbroeckling
3. Chuck Fink 13. Francis Thomas. 23. Randy Sertle
4. Jeff Davis, Jr. 14.Robert Hall 24. James Taylor
5. David Nauman 15. Brandon Rondeau 25. David Johnson
6. Randall Lester 16. Darren Steil 26. Tim Manders
7. Robert Pigors 17. Zachary Hentges 27. Christopher Bousson
8. Steve Schulz 18. Richard Hackett 28. Dave Hanson
9. Steve Martens 19. David Oberhoffer
10. Matthew Montoya 20. Nathan Rochelle
Plus the following qualified internal candidates that were not required to test: Jim Smith
and Bob Moyer
Respectfully Submitted,
Daniel White, Chairperson
Civil Service Commission
June 19, 2013
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Medical Officer was administered on May 29, 2013. We hereby certify that the indi-
viduals listed below have passed this written examination and the vacancy for this posi-
tion should be made from this list and that this list is good for two (2) years from above
date.
7
Medical Officer: Timothy Griebel and Michael Kuhn
Respectfully submitted,
Daniel White, Chairperson
Civil Service Commission
June 19, 2013
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the posi-
tion of Police Officer was administered on April 6, 2013. We hereby certify that the in-
dividuals listed below have passed this written examination and the vacancy for this
position should be made from this list and that this list is good until April 30, 2014.
Police Officer
1. Adam Baugh 15.Jeffrey Tschiggfrie 28. Justin Manson
2. Joseph Kluever 16.Lucas Trevarthen 29 Scott Goric
3. Cole Hedrick 17. Brian Vize. 30. Austin Wilson
4. Ronald Bahr 18.Shawn VanWinkle 31. Philip Wendling
5. Nathan Goedken 19.Jared Spielsinger 32. Mathew Drosopoulos
6. Matthew Levin 20.Tracy Tillman 33. Megan Goodall
7. Katerina Radtke 21. Chad Crabill 34. John Corey
8. Thomas Ammon 22.Jonathan Barna 35. Devaughn Heinze-Schaul
9. Lucasz Trojanowski 23. Sean Yaros 36. Samual McNutt
10.Trevor Runkle 24.Boris Medvedev 37. Jwan Brookins
11.Erik Honda 25.Jarred Mumm 38. Cody Arnold
12.Jeffrey Schmidt 26.Dionte Stewart 39 .Spenser Hartman
13.Tyler Hunt 27. Aaron Goldbin 40. Nicholas Rollins
14.Wilkins Dieujuste
Respectfully Submitted,
Civil Service Commission
July11, 2013
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Sanitation Driver was administered on July 2, 2013. We hereby certify that the indi-
viduals listed below have passed this written examination and the vacancy for this posi-
tion should be made from this list and that this list is good for two (2) years from above
date.
8
Sanitation Driver
1. Brian Cue 17.Brad Pettigout 32.David Groezinger
2. Jeffrey Pfeiler 18.Jeffrey Standort 33.Ryan Nicks
3. Justin Licht 19.Matthew Wright 34.Daniel Petersen
4. Brian Heim 20.Paul Bartlett 35.Matthew Welch
5. Richard Myers 21.Terry Dunkel 36.Gary Breiner
6. Wayne lmbus 22.Doug Kuehn 37.Christopher Collins
7. Dale Richardson 23.Steven Pfeiffer 38.Jeremy Daughetee
8. Scott Nauman 24.Kevin Roling 39.James Healey
9. David Schaul 25.Jay Valentine 40.David Jaeger
10.Aaron Cigrand 26.Richard Zeller 41.Timothy Leslein
11. Joseph Davis 27.Dave Hanson 42.Chris Maiden
12. Jayson Freiburger 28.Jeremy Hubanks 43.Jeremy McGraw
13. Richard Temperley 29.Jeffrey Leibold 44.Patrick Nolan
14. Lowell Ware 30.James Brosius 45.Jacob Trierweiler
15. Jeffrey Weiland 31.Mitchell Glaser 46.Cietus Urbain
16. William Griffin
Respectfully submitted,
Dan White, Chairman
Civil Service Commission
Lansing Brothers Construction Company - Amendment to Demolition Contract
Award: City Manager recommending approval of an Amendment to the Demolition Con-
tract awarded to Lansing Brothers Construction Company for demolition of the flood-
damages properties at 1711 Old Mill Road and 1654 Manson Road (garage). Upon mo-
tion the documents were received, filed and approved.
Inter-creditor Agreement - James Madison, LLC Loan Priority:City Manager recom-
mending approval of an Inter-creditor Agreement with Premier Bank to clarify the rela-
tionship between mortgages for the German Bank Building. Upon motion the documents
were received, filed and Resolution No. 241-13 Approving an Inter-Creditor Agreement
between the City of Dubuque, Iowa and Premier Bank was adopted.
RESOLUTION NO. 241-13
APPROVING AN INTERCREDITOR AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND PREMIER BANK
Whereas, Premier Bank (Bank) has entered into a Promissory Note and related loan
documents with James Madison, LLC, Mathew J. Kluesner and Sarah E. Kluesner (Bor-
rower), pursuant to which Bank agreed to make a loan to Borrower with respect to the
German Bank Building, which bank loan is secured by a mortgage in favor of Bank; and
Whereas, City has made a loan to German Bank Building LLLP which loan has been
assumed by Borrower and is also secured by a mortgage on the German Bank Building;
and
Whereas, City and Bank wish to set forth their agreement for the purpose of estab-
lishing the priorities of their respective mortgages, as set out in the attached lntercredi-
tor Agreement; and
9
Whereas, the City Council of the City of Dubuque, Iowa finds that it is in the best in-
terests of the City to approve the lntercreditor Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. The lntercreditor Agreement attached hereto is hereby approved.
Section 2. The City Manager is hereby authorized and directed to sign the lntercredi-
tor Agreement on behalf of the City of Dubuque.
th
Passed, approved and adopted this 5 day of August, 2013
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
Shelter Plus Care Program Contract:City Manager recommending approval of a con-
tract with the U.S. Department of Housing and Urban Development for administration of
the Shelter Plus Care Program. Upon motion the documents were received, filed and
approved.
Wilbur Street Retaining Wall:City Manager transmitting information on the need to
replace a failing private retaining wall located in the City right-of-way along 610 Wilbur
Street. Upon motion the documents were received, filed and Resolution No. 242-13 Au-
thorizing emergency repairs to the retaining wall adjacent to 610 Wilbur Street and the
Wilbur Street Pavement was adopted.
RESOLUTION NO. 242-13
AUTHORIZING EMERGENCY REPAIRS TO THE RETAINING WALL ADJACENT TO
610 WILBUR STREET AND THE WILBUR STREET PAVEMENT
Whereas, a private retaining wall adjacent to 610 Wilbur Street is failing and the
pavement on Wilbur Street will be affected as the result of the failing private retaining
wall; and
Whereas, Iowa Code § 384.103 provides that when emergency repair of a public im-
provement is necessary and the delay of advertising and a public letting might cause
serious loss or injury to the city, the governing body shall, by resolution, make a finding
of the necessity to institute emergency proceedings and shall procure a certificate from
a competent registered professional engineer or architect, not in the regular employ of
the city, certifying that emergency repairs are necessary, and that in that event the gov-
erning body may contract for emergency repairs without holding a public hearing and
advertising for bids; and
Whereas, Iowa Code § 364.12(3)(c) provides that a city may require the removal, re-
pair, or dismantling of a dangerous structure and if the property owner does not perform
the action, in an emergency a city may perform the action and assess the costs to the
property owner.
Whereas, the City Council finds that the condition of the retaining wall is a dangerous
structure and constitutes an emergency and that an emergency repair of the retaining
wall and adjoining public street supported by the retaining wall is necessary and the de-
lay of advertising and a public letting might cause serious loss or injury to the city; and
Whereas, the City has procured a certificate from a competent professional engineer
registered in the State of Iowa, not in the regular employ of the City, certifying that
emergency repairs to the retaining wall and street are necessary.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
10
DUBUQUE, IOWA:
Section 1. The City Council finds that it is necessary to institute emergency proceed-
ings to repair the retaining wall along 610 Wilbur Street and the Wilbur Street pavement.
Section 2. The City Manager is hereby authorized to proceed with instituting such
emergency repairs as provided by law.
th
Passed, adopted and approved this 5 day of August, 2013.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
Hartig Timber-Hyrst Place No. 2 Acceptance of Storm Sewer Easement:City Manag-
er recommending acceptance of a storm sewer easement from Robert A. and Beth M.
Hartig for a recently constructed storm sewer across Lot 1 Timber Hyrst Place No. 2 in
the City of Dubuque. Upon motion the documents were received, filed and Resolution
No. 243-13 Accepting the grant of an Easement for storm sewer through, over and
across a part of Lot 1 of Timber-Hyrst Place No. 2 in the City of Dubuque, Iowa was
adopted.
RESOLUTION NO. 243-13
ACCEPTING THE GRANT OF AN EASEMENT FOR STORM SEWER THROUGH,
OVER AND ACROSS A PART OF LOT 1 OF TIMBER HYRST PLACE NO. 2 IN THE
CITY OF DUBUQUE, IOWA
Whereas, Robert A. and Beth M. Hartig have executed an Easement for Storm Sew-
er through, over and across Lot 1 of Timber Hyrst Place No. 2, 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
Lot 1 of Timber Hyrst Place No. 2 in the City of Dubuque, Dubuque County, Iowa from
Robert A. and Beth M. Hartig, 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.
th
Passed, approved and adopted this 5 day of August, 2013.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
Timber Hyrst Estates No. 2 and Timber Hyrst Place No. 2 - Acceptance of Storm
Sewer Improvements:City Manager recommending acceptance of the storm sewer im-
provements in Timber Hyrst Estates No. 2 and Timber Hyrst Place No. 2, which the
owners, Robert and Beth Hartig, have recently completed. Upon motion the documents
were received, filed and Resolution No. 244-13 Accepting storm sewer improvements in
Timber Hyrst Estates No. 2 and Timber Hyrst Place No. 2 was adopted.
11
RESOLUTION NO. 244-13
ACCEPTING STORM SEWER IMPROVEMENTS IN TIMBER HYRST ESTATES NO. 2
AND TIMBER HYRST PLACE NO. 2
Whereas, pursuant to a Storm Sewer Relocation Agreement dated May 21, 2013,
certain public improvements including a storm sewer extension were installed by Robert
and Beth Hartig, Owners of Lot 2 Timber Hyrst Estates No. 2 and Lot 1 Timber Hyrst
Place No. 2 ; and
Whereas, the storm sewer extension has been completed and the City Manager has
examined the work and has filed a certificate stating that the same has been completed
in accordance with the plans approved by the City Council and in conformance with City
specifications, and has recommended that the storm sewer extension be accepted by
the City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that said
storm sewer extension in Timber Hyrst Estates No. 2 and Timber Hyrst Place No. 2 be
and the same is hereby accepted.
Section 2. That maintenance of permanent erosion control devices at the effluent end
of said storm sewer extension shall be the responsibility of Robert and Beth Hartig,
Owners of Lot 2 Timber Hyrst Estates No. 2 and Lot 1 Timber Hyrst Place No. 2, in per-
petuity.
th
Passed, adopted and approved this 5 day of August, 2013.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
Delinquent Weed, Junk and Garbage Collection Assessments:City Manager recom-
mending the levy of special assessments for the Weed /Junk/Garbage Enforcement
Program. Upon motion the documents were received, filed and Resolution No. 245-13
Adopting the Schedule of Assessments for 2012 and directing the City Clerk to certify
the schedule of assessments to the County Treasurer and to publish notice thereof was
adopted.
RESOLUTION NO. 245-13
ADOPTING THE SCHEDULE OF ASSESSMENTS FOR 2012 AND DIRECTING THE
CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY
TREASURER AND TO PUBLISH NOTICE THEREOF
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the Schedule of Assessments attached hereto for
weed/grass cutting and junk/garbage removal tax assessments which Schedule of As-
sessments was filed in the office of the City Clerk on the August 5, 2013, the said
Schedule of Assessments be and the same is hereby approved and adopted. That there
be, and is hereby assessed and levied as a lien upon the real property, the respective
sums indicated.
That the City Clerk be and is hereby directed to certify said schedule to the County
Treasurer of Dubuque County, Iowa, and to publish notice of said certification once
each week for two consecutive weeks in the manner provided in Iowa Code §362.3, the
first publication of which shall be not more than fifteen days from the date of filing of the
12
final schedule. On or before the date of the second publication of the notice, the City
Clerk shall also mail a copy of said notice to property owners whose property is subject
to assessment, as provided and directed in Iowa Code § 384.60.
The assessments may be paid in full or in part without interest at the Utility Billing Of-
th
fice, City Hall, 50 W. 13 Street, Dubuque, Iowa, at any time within 30 days after the
date of the first publication of the notice of the filing of the Schedule of Assessments
with the County Treasurer. After 30 days, unpaid assessments are payable at the Coun-
ty Treasurer’s Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Io-
wa, and charges shall be collected in the same manner as general property taxes
against the respective parcels of the property set opposite the name of the property
owner.
th
Passed, approved and adopted this 5 day of August, 2013.
Roy D. Buol, Mayor
Attest: Trish L. Gleason Assistant City Clerk
SCHEDULE OF ASSESSMENTS
WEED/JUNK/GARBAGE ENFORCEMENT PROGRAMS
Property Address, Owner, Parcel, Legal Description, Date Cut/Cleaned Up By Contrac-
tor, Expense, Admin. Fee, WebQA No., Activity
End 2013 Year:
Central, 2464, Holly Campbell, 2464 Central Ave, Dubuque IA 52001, 1013378003,
S 35' Lot 6 Frank Fosselmann's, 12/13/2012, $185.00, $25.00, 48666, Garbage/junk
Wilson, 877, Donald & Julie Houselog, 877 Wilson St, Dubuque IA 52001,
1025109042, Lot 5 Keoghs Sub, 12/17/2012, $60.00, $25.00, 49067,
weeds/garbage/junk
Start 2013 Year:
Lowell, 895, Bruce Bisping, 895 Lowell, Dubuque IA 52001, 1023235009, S 50' of
Lots 22 & 23, 2/25/2013, $194.00 , $25.00 , 51196, Garbage
Clarke Dr, 836, Eric J. Welu, 836 Clarke Dr., Dubuque IA 52001, 1023278010, Lot 39
Littleon & Sawyers Add, 2/26/2013, $45.00 , $25.00 , 51369, Junk
Berkley, 811, Brenda Stumpf, 811 Berkley Pl, Dubuque IA 52001, 1014403037, Lot
18 Blk 2 and Lot 18 Blk 3 Sunnyview Hills Sub, 6/18/2013, $35.00 , $25.00, 54683,
Weeds
Elm, 2141, Allan & Connie LeGrand, 2141 Elm St, Dubuque IA 52001, 1024210019,
Lot 2-1-M 1/3-99 L H Langworthy's Add "PT West of Elm St", 6/10/2013, $306.98 ,
$25.00 , 54542, weeds/garbage/junk
Novelty Iron Works Development - Assignment of Agreement:City Manager recom-
mending approval of an assignment of the Warehouse Trust LLC development agree-
ment to a new limited liability company, Novelty Iron Landlord LLC, which will be man-
aged and partially owned by Warehouse Trust LLC as well as two amendments to the
Development Agreement. Upon motion the documents were received, filed and Resolu-
tion No. 246-13A Consenting to the Assignment Of The Development Agreement be-
tween the City of Dubuque, Iowa and Warehouse Trust, LLC to Novelty Iron Landlord,
LLC; and Resolution 236-13B Approving the first amendment to the Development
Agreement between the City of Dubuque, Iowa and Novelty Iron Landlord were adopt-
ed.
13
RESOLUTION NO. 246-13 A
CONSENTING TO THE ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE, IOWA AND WAREHOUSE TRUST, LLC TO
NOVELTY IRON LANDLORD, LLC
Whereas, the City of Dubuque entered into a Development Agreement with Ware-
house Trust, LLC dated June 17, 2013; and
Whereas, Warehouse Trust, LLC now desires to assign its rights and responsibili-
ties under the Development Agreement to Novelty Iron Landlord LLC, which will be
managed and partially owned by Warehouse Trust, LLC; and
Whereas, the Development Agreement requires the consent of the City to any
such assignment; and
Whereas, the City Council of the City of Dubuque finds that the City of Dubuque
should consent to the assignment, a copy of which Assignment Agreement is attached
hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque hereby consents to the Assignment Agreement, a
copy of which is attached hereto.
th
Passed, approved and adopted this 5 day of August, 2013.
Roy D. Buol, Mayor
Trish L. Gleason, Assistant City Clerk
Attest:
RESOLUTION NO. 246-13 B
APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA AND NOVELTY IRON LANDLORD,
LLC
Whereas, the City of Dubuque entered into a Development Agreement with Ware-
house Trust, LLC dated June 17, 2013; and
Whereas, Warehouse Trust, LLC has assigned its rights and responsibilities un-
der the Development Agreement to Novelty Iron Landlord LLC; and
Whereas, Novelty Iron Landlord LLC has requested an amendment to the Develop-
ment Agreement in the form attached hereto; and
Whereas, the City Council of the City of Dubuque finds that the City of Dubuque
should consent to the Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque hereby approves the Amendment to Development
Agreement, a copy of which is attached hereto.
Section 2. The Mayor is authorized and directed to sign the Amendment to De-
velopment Agreement on behalf of the City of Dubuque.
th
Passed, approved and adopted this 5 day of August, 2013.
Roy D. Buol, Mayor
Trish L. Gleason, Assistant City Clerk
Attest:
14
Quarterly Investment Report:City Manager transmitting the Quarterly Investment
Report for June 30, 2013. Upon motion the documents were received and filed.
City Development Board - Annexation of 13034 Seippel Road:Correspondence from
the City Development Board advising the City that it will consider the proposal to annex
13034 Seippel Road (Hillcrest Family Services) at the August 14, 2013 meeting of the
City Development Board. Upon motion the documents were received and filed.
City Assessor's Office: Correspondence from City Assessor Rick Engelken providing
a list of property tax appeals that have been filed with the Iowa Property Assessment
Appeal Board for the 2013 assessment. Upon motion the documents were received and
filed.
Growing Sustainable Communities Conference Contract with Sustainable City Net-
work:City Manager recommending approval of an agreement with Sustainable City
th
Network, Inc. and Woodward Communications for co-management of the 6 Annual
Growing Sustainable Communities Conference to be held September 24 and 25, 2013.
Upon motion the documents were received, filed and approved.
Community Development Block Grant Agreement:City Manager recommending au-
thorization for the Mayor to execute the Community Development Block Grant Agree-
ment with the U.S. Department of Housing and Urban Development for the program
year beginning July 1, 2013 and ending June 30, 2014. Upon motion the documents
were received, filed and Resolution No.247-13 Authorizing execution of a Community
Development Block Grant Agreement with the U.S. Department of Housing and Urban
Development was adopted.
RESOLUTION NO. 247-13
AUTHORIZING EXECUTION OF A COMMUNITY DEVELOPMENT BLOCK GRANT
AGREEMENT WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVEL-
OPMENT
Whereas, under provisions of Title I of Housing and Community Development Act of
1974, as amended, the City of Dubuque prepared and submitted an Annual Action Plan
for a Community Development Block Grant; and
Whereas, the submission has been approved by the U.S. Department of Housing and
Urban Development in the amount of $974,408 for a twelve month program year com-
mencing July 1, 2013 and ending June 30, 2014; and
Whereas, a grant agreement covering the activities proposed to be carried out with
the Community Development Block Grant funds has been transmitted to the City of
Dubuque by the U. S. Department of Housing and Urban Development.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Funding Approval/Agreement, authorized by the U.S. Department
of Housing and Urban Development beginning July 1, 2013 for a Community Develop-
ment Block Grant to the City of Dubuque in the amount of $974,408 and identified as
Grant Number B-13-MC-19-0004 is hereby accepted.
15
Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and
directed to execute said Agreement and related documents on behalf of the City of
Dubuque, Iowa.
th
Passed, approved and adopted this 5 day of August 2013.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
Collective Bargaining Agreement Amendment - Operating Engineers Local 234: City
Manager recommending approval of an Amendment to the Collective Bargaining
Agreement with the International Union of Operating Engineers, Local #234, to provide
for a work week that consists of ten hours per day and four days per week for full-time
Public Safety Dispatchers effective October 1, 2013 through September 30, 2014. Upon
motion the documents were received, filed and approved.
nd nd
City Manager Employment Agreement – 22Amendment:Submittal of the 22
Amendment to the City Manager's Employment Agreement for approval. Upon motion
the documents were received, filed and approved.
Improvement Contracts / Performance, Payment and Maintenance Bonds:Portzen
Construction, Inc. for the 30-Inch Sanitary Sewer Force Main Relocation Project Phase
ththth
1 (9 St. to 11 St.); Portzen Construction, Inc. for the 5 and Bluff Street Public Re-
stroom Project; Skyline Construction for the Sidewalk Installation Area 2
McAlleece/Admiral Sheehy Dr.; Tschiggfrie Excavating, Inc. for the Sidewalk Installation
Area 1 McAleece/Admiral Sheehy Dr.; Tschiggfrie Excavating, Inc. for the Highway
151/61 Water Main Relocation Project; Visu-Sewer for the FY 13-14 Sewer Cured-in-
Place Lining Project (CIPP). Upon motion the documents were received, filed and ap-
proved.
Signed Contracts: IIW Engineers for design services related to the E.B. Lyons Inter-
pretive Center Addition; MEP Engineers, LLC for the Fire Station #4 Mechanical and
Restroom Upgrade Capital Improvement Project; Mercy Medical Center Security Ser-
vices Agreement. Upon motion the documents were received and filed.
Alcohol License Applications:City Manager recommending approval of annual liquor,
beer, and wine licenses as submitted. Upon motion the documents were received, filed
and Resolution No. 248-13 Approving applications for beer, liquor, and/or wine permits,
as required by City of Dubuque Code of Ordinances Title 4 Business and License Regu-
lations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits
was adopted.
RESOLUTION NO. 248-13
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSI-
NESS AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE
B LIQUOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submit-
ted and filed with the City Council for approval and the same have been examined and
approved; and
16
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 re-
quired documentation.
Renewals
Fly DBQ Café 11000 Airport Rd. Class B Beer, Native Wine
(Sunday)
Fresh Take 345 Main St. Class C Beer, Class B Native
Wine
National Mississippi River 350 E Third St. Class C Liquor (Catering) (Out-
Museum & Aquarium door) (Sunday)
Shannon's Bar & Grill 521 E 22 nd St Class C Liquor (Sunday)
Texas Roadhouse 845 Wacker Dr. Class C Liquor (Catering) (Out-
door) (Sunday)
The Lift 180 Main St. Class C Liquor (Sunday)
Special Events
Voices Productions (8-8-13) 275 E. 10 th St. Adding Outdoor Service
Monks Kaffee Pub (8-17-13) 373 Bluff St. Adding Outdoor Service
Summers Last Blast (8-23-13) Town Clock Plaza Class B Beer (Outdoor)
9 th Annual Irish Hooley Alliant Amphitheater Special Class C Liquor (Out-
(8-24-13) door)
Chocolaterie Stam Dubuque Premise transfer to
(8-30-13) 145 N Crescent
Camp Albrecht Acres Alliant Amphitheater Special Class C Liquor (Out-
(9-10-13) door)
New
The Annex Bar and Grill 1850 Central Ave. Class C Liquor
th
Passed, approved and adopted this 5 day of August, 2013.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Jones to receive and file the documents, adopt the resolutions, set the
public hearings as indicated, and direct the City Clerk to publish notice as prescribed by
law. Seconded by Braig. Motion carried 7-0.
Sale of Property at 2318 Washington Street: City Manager recommending setting a
public hearing for August 19, 2013 to dispose of City-owned real property located at
2318 Washington Street to Brian J. Nilles. Upon motion the documents were received,
17
filed and Resolution No. 249-13 Intention to dispose of City-owned property, Lot 1, Bee
Branch Sub. No. 5 in the City of Dubuque, Iowa, According to the recorded Plat there of
- 2318 Washington Street was adopted setting a public hearing for a meeting to com-
mence at 6:30 p.m. on August 19, 2013 in the Historic Federal Building.
RESOLUTION NO. 249- 13
INTENTION TO DISPOSE OF CITY-OWNED PROPERTY, LOT 1 BEE BRANCH SUB.
NO. 5, IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT
THEREOF – 2318 WASHINGTON STREET
Whereas, the City of Dubuque, has acquired certain real properties in connection
with the Bee Branch Creek Re-Alignment Project; and
Whereas, the City has received an offer to purchase this property from Brian J. Nilles;
Whereas, by accepting an offer to purchase for this property the City’s objective for
providing homeownership to a qualifying buyer can be realized.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa, intends to dispose of its interest in the fol-
lowing legally-described property:
“Lot 1 Bee Branch Sub. No. 5 in the City of Dubuque, Iowa, according to the record-
ed plat thereof.”
Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the
above-described real property to Brian J. Nilles, for the sum of $102,000.
Section 3. That the City Clerk is hereby authorized and directed to cause this Resolu-
tion and a notice to be published as prescribed by Iowa Code Section 364.7 for a public
hearing on the City’s intent to dispose of the above-described property, to be held on
th
August 19, 2013, at 6:30 pm at the Federal Building, 350 W 6 Street, Dubuque, Iowa.
th
Passed, approved and adopted this 5 day of August, 2013.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions.
Housing Trust Fund Advisory Committee:One - 3 year term through September 8,
2016 (Expiring term of Walsh)Applicant:John Walsh, 2116 Spring Valley Rd.
Transit Advisory Board:One– 3 year term through July 30, 2016 (Expiring term of
th
Knight)Applicant:Rhonda Knight, 250 West 6 St.
Zoning Board of Adjustment: One– 5 year term through March 25, 2016 (At-Will term
of Klauer)Applicant:Jonathan McCoy, 263 Main St.
Appointments to the following boards and commissions:
Building Code Board of Appeals:One– 3 year term through August 1, 2016 (Expiring
term of Kolf) Applicant: James Kolf, 114 Princeton Pl. Motion by Braig to reappoint
James Kolf to the Building Code Board of Appeals for a 3-year term through August 1,
2016. Seconded by Connors. Motion carried 7-0.
Civic Center Commission: Two – 3 year terms, one through June 29, 2015 and one
through June 29, 2016 (Vacant terms of Kurt and Fuller) Applicants: Tyler Daugherty,
418 Emmett St. Adrienne Scott, 471 ½ Locust St. Motion by Connors to appoint Tyler
18
Daugherty to a 3-year term through July 1, 2015 and Adrienne Scott to a 3-year term
through July 1, 2016 on the Civic Center Commission. Seconded by Jones. Motion car-
ried 7-0.
Housing Commission: Three – 3 year terms through August 17, 2016 (Expiring terms
of Root and Schwendinger. Vacant term of McAllister)Applicants: Judie Root, 2312
Washington St.,Dorothy Schwendinger, 3525 Windsor Ave.,Ricardo Woods, 1535 Bluff
St. #2. Motion by Jones to reappoint Judie Root, and Ricardo Woods and to appoint
Dorothy Schwendinger, each to a 3-year term through August 17, 2016. Seconded by
Resnick. Motion carried 7-0.
Human Rights Commission:One – 3 year term through January 1, 2016 (Vacant
term of Root)Applicants:Tom LoGuidice, 786 Stone Ridge Pl.Christopher Ostwinkle,
3678 Pennsylvania Ave. Apt O-183 (Additional Applicant)Adrienne Scott, 471 ½ Locust
St.
Upon roll call vote of 4-3 (Jones, Lynch and Resnick voting for Ostwinkle), Tom
LoGuidice was appointed to the Human Rights Commission for a 3 year term through
January 1, 2016
Safe Community Advisory Committee:One – 1 year term through December 31,
2013 (Vacant term of Callahan)Applicant:Adrienne Scott, 471 ½ Locust St. Motion by
Jones to appoint Adrienne Scott to the Safe Community Advisory Committee for a 1-
year term through December 31, 2013 Seconded by Connors. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Purina Drive Barge Docking Facility Repair Project:Proof of publication on notice of
public hearing to consider the approval of plans, specifications, form of contact and es-
timated cost for the Purina Drive Barge Docking Facility Repair Project and the City
Manager recommending approval. Motion by Braig to receive and file the documents
and adopt Resolution No. 250-13 Approval of plans, specifications, form of contract, and
estimated cost of the Purina Drive Barge docking Facility Repair Project. Seconded by
Connors. Motion carried 7-0.
RESOLUTION NO. 250- 13
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST OF THE PURINA DRIVE BARGE DOCKING FACILITY REPAIR PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, and form of contract now on file in the Office
of the City Clerk and estimated cost for the Purina Drive Barge Docking Facility Repair
Project, in the estimated amount of $593,213.00 are hereby approved.
th
Passed, approved and adopted this 5 day of August, 2013.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
19
Ninth and Eleventh Streets One-Way to Two-Way Conversion Project:Proof of publi-
cation on notice of public hearing to consider approval of plans, specifications, form of
thth
contract, and the estimated cost for the 9 Street and 11 Street One- Way to Two-Way
Conversion Project and the City Manager recommending approval. Motion by Jones to
receive and file the documents and adopt Resolution No. 251-13 Approval of plans,
thth
specifications, form of contract, and estimated cost for the 9 Street and 11 Street
One-Way to Two-Way Conversion Project Seconded by Connors. Motion carried 6-1
with Resnick voting Nay.
RESOLUTION NO. 251-13
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
THTH
ED COST FOR THE 9 STREET AND 11 STREET ONE-WAY TO TWO-WAY
CONVERSION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, and form of contract now on file in the Office
thth
of the City Clerk and estimated cost for the 9 Street and 11 Street One-way to Two-
way Conversion Project in the estimated amount $1,870,756.00, are hereby approved.
th
Passed, adopted and approved this 5 day of August, 2013.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
thth
Elm Street Reconstruction Project 9 to 12 StreetsProof of publication on notice of
public hearing to consider approval of the plans, specifications, form of contract and es-
timated cost for the Elm Street Reconstruction Project (9th to 12th Streets) and the City
Manager recommending approval. Motion by Connors to receive and file the documents
and adoptResolution No. 252-13 Approval of plans, specifications, form of contract, and
thth
estimated cost for Elm Street Reconstruction Project (9 to 12), Iowa DOT Project No.
TCSP--052-2(129)--9S-31. Seconded by Braig. Motion carried 7-0.
RESOLUTION NO 252-13
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
THTH
ED COST FOR ELM STREET RECONSTRUCTION PROJECT (9 TO 12), IOWA
DOT PROJECT NO. TCSP – 052-2(129)—9S-31
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, and form of contract now on file in the Office
thth
of the City Clerk and estimated cost for Elm Street Reconstruction Project (9 to 12),
Iowa DOT Project No. TCSP – 052-2(129)—9S-31 in the estimated amount
$875,000.00, are hereby approved.
th
Passed, adopted and approved this 5 day of August, 2013.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
Gavilon Grain, LLC Lease Agreement - Dove Harbor Site:Proof of publication on no-
tice of public hearing to consider disposal of an interest in City-owned real property by
lease agreement with Gavilon Grain, LLC for 7.87 acres of industrial riverfront property
at Dove Harbor. Motion by Braig to receive and file the documents and adoptResolution
20
No. 253-13 Approving disposal of an interest in real property owned by the City of
Dubuque in the Dove Harbor area by lease agreement with Gavilon Grain, LLC. Se-
conded by Resnick. Motion carried 7-0.
RESOLUTION NO. 253-13
APPROVING DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY THE
CITY OF DUBUQUE IN THE DOVE HARBOR AREA BY LEASE AGREEMENT WITH
GAVILON GRAIN, LLC
Whereas, the City of Dubuque, Iowa is the owner of the real property described in
Exhibit A attached hereto (approximately 7.87 acres) located in the Dove Harbor area
(the Property); and
Whereas, the City of Dubuque, Iowa, is interested in stimulating reinvestment in the
Greater Downtown Urban Renewal District; and
Whereas, Gavilon Grain, LLC has proposed a Lease Agreement on the Property for
the construction of improvements and the handling of bulk commodities; and
Whereas, the City Clerk published a notice as required by law soliciting competitive
proposal for the Property; and
Whereas, as of 10:00 a.m. on August 5, 2013, the City Clerk received no competitive
proposals for the Property; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque to
approve the Lease Agreement proposed by Gavilon Grain, LLC.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Lease Agreement between the City and Gavilon Grain, LLC is hereby
approved.
Section 2. The Mayor is authorized and directed to execute said Lease Agreement
on behalf of the City of Dubuque.
th
Passed, approved and adopted this 5 day of August, 2013.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
Gavilon Grain, LLC Lease Agreement - City Salt Site:Proof of publication on notice of
public hearing to consider the disposal of City-owned property by lease agreement to
Gavilon Grain, LLC of approximately 9.66 acres in total, 6.02 usable acreage) located in
the area known as the Salt Site and the City Manager recommending approval. Motion
by Connors to receive and file the documents and adopt Resolution No. 254-13 Approv-
ing the disposal of in interest in real property owned by the City of Dubuque at the Salt
Site by lease agreement with Gavilon Grain, LLC. Seconded by Braig. Motion carried 7-
0.
RESOLUTION NO. 254-13
APPROVING DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY THE
CITY OF DUBUQUE AT THE SALT SITE BY LEASE AGREEMENT WITH GAVILON
GRAIN, LLC
Whereas, the City of Dubuque, Iowa is the owner of the real property described in
Exhibit A attached hereto (approximately 9.66 acres in total, 6.02 usable acreage) lo-
cated in the area known as the Salt Site (the Property); and
Whereas, the City of Dubuque, Iowa, is interested in stimulating reinvestment in the
21
Greater Downtown Urban Renewal District; and
Whereas, Gavilon Grain, LLC has proposed a Lease Agreement on the Property for
the handling of bulk commodities; and
Whereas, the City Clerk published a notice as required by law soliciting competitive
proposal for the Property; and
Whereas, as of 10:00 a.m. on August 5, 2013, the City Clerk received no competitive
proposals for the Property; and
Whereas, the City Council believes it is in the best interest of the City of Dubuque to
approve the Lease Agreement proposed by Gavilon Grain, LLC.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Lease Agreement between the City and Gavilon Grain, LLC is hereby
approved.
Section 2. The Mayor is authorized and directed to execute said Lease Agreement
on behalf of the City of Dubuque.
th
Passed, approved and adopted this 5 day of August, 2013.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
Sale of City Owned Property at 2234 Washington Street:Proof of publication on no-
tice of public hearing to consider disposal of City-owned property located at 2234 Wash-
ington Street to Abram and Leah Miller and the City Manager recommending approval.
Motion by Lynch to receive and file the documents and adopt Resolution No. 255-13
Approving the sale of real estate specifically 2234 Washington Street. Seconded by
Connors. Motion carried 7-0.
RESOLUTION NO. 255-13
APPROVING THE SALE OF REAL ESTATE SPECIFICALLY 2234 WASHINGTON
STREET
Whereas, pursuant to a notice, duly published in the Telegraph Herald newspaper, in
the City Council of Dubuque, Iowa, met on July 15, 2013, in the Dubuque Historic Fed-
th
eral Building, 350 West 6 Street, Dubuque, Iowa to consider the proposal to dispose of
City-owned real estate located at 2234 Washington Street.
Lot 1 Bee Branch #10, in the City of Dubuque, County of Dubuque, Iowa
Whereas, a qualifying home buyer, Abram and Leah Miller, has signed an offer to
purchase and has obtained financing from a local lender; and
Whereas, the City Council of the City of Dubuque, Iowa has overruled any and all ob-
jections, oral and written, to the proposal to dispose of the interest of the City of Dubu-
que, Iowa, in the herein and above-named real estate to the above-named grantee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the sale of the following legally-
described property:
Lot 1 Bee Branch #10 in the City of Dubuque, County of Dubuque, Iowa, according to
the recorded plat thereof, at the cost of One Hundred Fifteen Thousand Dollars
($115,000).
Section 2. That the City of Dubuque be and is hereby authorized to provide a War-
ranty Deed to the buyer, conveying the City’s interest to Abram and Leah Miller for the
22
herein-described real estate.
Section 3. That the City Clerk be and is hereby authorized and directed to cause said
Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together
with certified copy of the Resolution.
Section 4. That the City Clerk be and is hereby authorized and directed to forward a
copy of this Resolution to the Dubuque Count Assessor and the Dubuque County Audi-
tor.
th
Passed, approved and adopted this 5 day of August, 2013.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
Eagle Point Water Plant, Lot 339 - Grant of Easement for Private Utilities:Proof of
publication on notice of public hearing to consider the granting of an easement across a
portion of the Eagle Point Water Plant property to accommodate proposed water and
sewer service lines to Charles R. and Colleen R. Sroka for their property at 2561 Front
Street and the City Manager recommending approval. Motion by Lynch to receive and
file the documents and adopt Resolution No. 256-13 Granting easement for private utili-
ty to Charles R. and Colleen S. Sroka for an underlying portion of Lot 339 of Eagle Point
(AKA Ham's Addition) and Resolution No. 257-13 Disposing of City interest by Grant of
Easement for private utility to Charles R. and Colleen S. Sroka for an underlying portion
of Lot 339 of Eagle Point (AKA Ham's Addition). Seconded by Resnick. Motion carried
7-0.
RESOLUTION NO. 256-13
GRANTING EASEMENT FOR PRIVATE UTILITY TO CHARLES R. AND COL-
LEEN S. SROKA FOR AN UNDERLYING PORTION OF LOT 339 OF EAGLE
POINT (AKA HAM’S ADDITION)
Whereas, Charles R. and Colleen S. Sroka have requested a “Grant of Ease-
ment” for Private Utility for an underlying portion of Lot 339 of Eagle Point (aka
Ham’s Addition) for the purpose of constructing and maintaining water and sewer
service lines; and
Whereas, Buesing and Associates has prepared and submitted to the City Council
an exhibit showing the underlying portion of Lot 339 of Eagle Point (aka Ham’s Addi-
tion) for proposed water and sewer service lines; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the
underlying portion of Lot 339 of Eagle Point (aka Ham’s Addition) can be utilized for
these water and sewer service lines, as shown on the Exhibit A, in the City of Dubu-
que, Dubuque County, Iowa, and should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the “Grant of Easement” for Private Utility for water and sewer ser-
vice lines to Charles R. and Colleen S. be and the same is hereby approved.
th
Passed, approved and adopted this 5 day of August, 2013.
Roy D. Buol, Mayor
Trish L. Gleason, Assistant City Clerk
Attest:
23
RESOLUTION NO. 257-13
DISPOSING OF CITY INTEREST BY GRANT OF EASEMENT FOR PRIVATE UTILI-
TY TO CHARLES R. AND COLLEEN S. SROKA FOR AN UNDERLYING PORTION
OF LOT 339 OF EAGLE POINT (AKA HAM’S ADDITION)
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
th
City of Dubuque, Iowa on the 19 day of July, 2013, the City Council of the City of
th
Dubuque, Iowa met on the 5 day of August, 2013, at 6:30 p.m. in the Historic Federal
th
Building, 350 W. 6 Street, Dubuque, Iowa, to consider the proposal for the granting of
easement described as:
Underlying portion of Lot 339 of Eagle Point (aka Ham’s Addition) for the purpose of
constructing and maintaining water and sewer service lines in the City of Dubuque,
Dubuque County, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec-
tions, oral or written to the proposed granting of easement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Grant of Easement for private utility by the City of Dubuque for
underlying portion of Lot 339 of Eagle Point (aka Ham’s Addition) for water and sewer
service lines in the City of Dubuque, Iowa, be and the same is hereby approved for the
sum of $975.00, plus mapping costs.
Section 2. The City of Dubuque reserves unto itself a perpetual easement of this
same described area for the purpose of erecting, installing, constructing, reconstructing,
repairing, owning, operating and maintaining all public utilities.
Section 3. That the Mayor be authorized and directed to execute the Grant of Ease-
ment for private utility and the City Clerk be and is hereby authorized and directed to
deliver said Grant of Easement to Charles R. and Colleen S. Sroka upon receipt of the
$975.00 payment.
Section 4. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this Grant of Easement for private utility in the offices of the City Asses-
sor, Dubuque County Recorder and Dubuque County Auditor.
th
Passed, approved and adopted this 5 day of August, 2013.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
Iowa and Locust Street Parking Ramps Repair Project:Proof of publication on notice
of public hearing to consider approval of the plans, specifications, form of contract, and
estimated cost for the Iowa and Locust Street Parking Ramps Repair Project and the
City Manager recommending approval. Motion by Lynch to receive and file the docu-
ments and adopt Resolution No. 258-13 Approval of plans, specifications, form of con-
tract, and estimated cost for Iowa and Locust Street Parking Ramp Repair Project. Se-
conded by Braig. Motion carried 7-0.
RESOLUTION NO. 258-13
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR IOWA AND LOCUST PARKING RAMP REPAIR PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
24
That the proposed plans, specifications, and form of contract now on file in the Office
of the City Clerk and the estimated cost for the Iowa and Locust Street Parking Ramp
Repair Project in the estimated amount, $427,900 is hereby approved.
th
Passed, adopted and approved this 5 day of August, 2013.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Grand River Center Annual Report:Mitzi Yordy, Manager of the Grand River Center,
made a presentation on the 2012-2013 Annual Report. Motion by Lynch to receive and
file the documents and listen to the presentation. Seconded by Resnick. Motion carried
7-0.
Dubuque Main Street - Getting Results Report:Dubuque Main Street Executive Di-
rector Dan LoBianco provided a report on Getting Results, the Economic Impact of Main
Street Iowa, 1986-2012. Motion by Connors to receive and file the documents and listen
to the presentation. Seconded by Braig. Motion carried 7-0.
Dubuque Rescue Mission - Conditional Use Permit Request:Correspondence from
Dubuque Rescue Mission Executive Director Rick Mihm requesting that poultry be al-
th
lowed at the community gardens located behind the 4 Street Parking Ramp. Motion by
Braig to receive and file the documents and allow up to twelve chickens and no roosters
at the community gardens. Seconded by Connors. Motion carried 7-0. City Attorney
Lindahl advised Council that this item is not a conditional use permit rather granting
permission under the current lease. Restated Motion by Braig to receive and file the
documents and allow up to twelve chickens and no roosters at the community gardens
under their current lease agreement. Seconded by Connors. Motion carried 7-0.
Dubuque County Wellness Coalition:Michelle Malone and Jean Daoud from the
Dubuque County Wellness Coalition spoke regarding a request that the City Council
make healthy living and well-being a focus and priority for Dubuque. Motion by Connors
to receive and file the documents. Seconded by Braig. Motion carried 7-0.
Roshek Building Status Update:Bill Callahan of Dubuque Initiatives and Heather Vet-
ter of Honkamp Krueger spoke regarding the status of the Roshek Building. Motion by
Connors to receive and file the documents. Seconded by Braig. Motion carried 7-0.
Code of Ordinances Title 10 Amendment - Animals, Definitions and Descriptions:City
Manager recommending an ordinance amendment permitting leashed dogs and cats on
certain trails, adding definitions, restricting horse drawn vehicles, establishing clean-up
requirements, and revising park, open space and trail descriptions.
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 Resnick.
Motion carried 7-0.
25
Motion by Jones for final consideration and passage of Amended Ordinance No. 42-
13 Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property,
Chapter 5 Parks and Recreation by adding definitions relating to animals; restricting
horse drawn vehicles; permitting dogs, cats, and domesticated animals in certain parks,
open spaces, and trails subject to conditions; establishing leash and waste clean-up re-
quirements; prohibiting animals running at-large within parks, open spaces, or trails; and
revising park, open spaces and trail descriptions. Seconded by Resnick. Motion carried
7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 42-13
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS
AND PROPERTY, CHAPTER 5 PARKS AND RECREATION BY ADDING DEFINI-
TIONS RELATING TO ANIMALS; RESTRICTING HORSE DRAWN VEHICLES;
PERMITTING DOGS, CATS, AND DOMESTICATED ANIMALS IN CERTAIN PARKS,
OPEN SPACES, AND TRAILS SUBJECT TO CONDITIONS; ESTABLISHING LEASH
AND WASTE CLEAN-UP REQUIREMENTS; PROHIBITING ANIMALS RUNNING AT-
LARGE WITHIN PARKS, OPEN SPACES, OR TRAILS; AND REVISING PARK,
OPEN SPACES AND TRAIL DESCRIPTIONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 10, Chapter 5 of the City of Dubuque Code of Ordinances is amended
to read as follows:
Chapter 5
PARKS AND RECREATION
ARTICLE A. ADMINISTRATION
. . . .
10-5A-2: PARK AND RECREATION ADVISORY COMMISSION:
. . . .
C. Powers: The responsibilities of the commission are to advise the city council on:
1. Use Of Grounds And Facilities: The establishment of rules and regulations
governing the use of all grounds and facilities that have been or may be set aside
as public parks, playgrounds, trails, open spaces, and other such park and rec-
reation facilities and grounds. Such rules and regulations shall include, but are
not limited to:
. . . .
ARTICLE B. USE REGULATIONS
10-5B-1: DEFINITIONS:
As used in this article, the following terms shall have the following meanings:
26
AT LARGE: Any dog, cat or livestock, fowl or ferret found off the premises of the
owner or keeper.
CAT: Both male and female animals in the family Felis catus whether neutered or
not.
CITY MANAGER: City manager or city manager’s designee.
COMMISSION OR THE COMMISSION: The park and recreation advisory commis-
sion.
DOG: Both male and female animals of the canine species whether neutered or not,
but not including a law enforcement dog.
DOMESTICATED ANIMAL: An animal commonly referred to as a bovine, swine,
sheep, goat, domesticated deer, llama, poultry, rabbit, horse, pony, mule, jenny, don-
key, or hinny.
KEEPER: A person other than the owner keeping, sheltering, having control or cus-
tody of or harboring an animal.
LEISURE SERVICES MANAGER: Leisure services manager or leisure services
manager’s designee.
MULTI-PURPOSE USE TRAIL OR TRAILS: A hardened trail of asphalt, concrete or
other impervious surface, typically ten (10) to twelve (12) feet wide and physically sepa-
rated from the motorized vehicular traffic by an open space or barrier and either within
highway public right-of-way or private property within an independent alignment for use
by pedestrians, skaters, joggers, bicyclists, and city maintenance vehicles.
OPEN SPACES: Open spaces available to the public for passive recreational use in
and adjacent to the city, which are under the responsibility of the commission.
OWNER: A person owning a cat, dog, or other animal.
PARKS OR PARKWAYS: Parks, parkways, buildings, park roads or driveways, and
all public service facilities or grounds, buildings and structures in and adjacent to the
city, which are under the responsibility of the commission.
10-5B-2: INTOXICATING BEVERAGES:
A. Possession, Consumption, Or Use Of Alcoholic Liquor, Wine, Beer, Or Other Intoxi-
cating Beverages Prohibited:
1. The possession, consumption, or use of alcoholic liquors, wine, and beer as
defined by chapter 123 of the code of Iowa or any other intoxicating beverages is
prohibited on park roadways and trails, in park and recreation facility parking lots,
and in vehicles located within a park.
. . . .
B. Exemptions:
1. Locations Exempt: Subsection A2 of this section shall not apply to the posses-
sion, consumption, or use of alcoholic liquors, wine, beer, or other intoxicating
beverages at:
a. Alliant Energy Amphitheater events for which a special events permit
has been issued under Title 10, Chapter 4;
b. American Trust River's Edge Plaza events for which a special events
permit has been issued under Title 10, Chapter 4;
. . . .
l. Mississippi Riverwalk events for which a special events permit has been
27
issued under Title 10, Chapter 4;
. . . .
10-5B-3: HORSEDRAWN VEHICLES, RIDING OF ANIMALS RESTRICTED:
Horsedrawn vehicles or the riding of horses or any other domesticated animals used
for such purposes is prohibited in any park, parkway, trail, or open space unless per-
mission is granted by the Leisure Services Manager and thereafter authorized through
the issuance of a city special event permit under Title 10, Chapter 4.
10-5B-4: DOGS, CATS AND OTHER DOMESTIC ANIMALS:
. . . .
B. Leashed Dogs And Cats Allowed In Certain Parks And Areas.
1. Notwithstanding the foregoing, leashed dogs and cats shall be permitted in the
following:
Granger Creek Nature Trail, Heritage Trail, John G. Bergfeld Recreation
Area, Medical Associates Greenbelt Park, Miller-Riverview Park, Power-
line Trail, Northwest Arterial Trail and Southern Levy Trail
2. Leashed dogs and cats as allowed in Section 10-5B-4(B)(1) are subject to and
must comply with the provisions of Title 7, Chapter 6 of the City of Dubuque
Code of Ordinances.
3. The owner or keeper must pick up and dispose of or take away the dog or
cat’s waste.
4. The owner or keeper is responsible for the actions of the dog or cat.
. . . .
D. Exceptions: This section does not apply to:
1. Service animals used by persons with disabilities;
2. As part of an approved and permitted special event under Title 10, Chapter 4;
and
3. Animals which are part of the Storybook Hill Petting Zoo at Franklin Delano
Roosevelt Park.
4. Animals within Eagle Point Park, Murphy Park and Flora Park which are con-
fined to an automobile, camper, motorhome (a/k/a recreational vehicle), or other
similar conveyance during the entirety of their time within the designated park(s).
10-5B-5: WALKING ON GRASS:
No person may go on foot or otherwise upon the grass or turf of any park, parkway,
trail, or open space where any prohibitory sign is posted.
10-5B-6: THROWING STONES OR OTHER MISSILES:
No person may throw any stone or any other missile within any park, parkway, trail,
or open space.
. . . .
28
10-5B-12: POSSESSION OF FIREARMS, WEAPONS AND FIREWORKS:
A. Prohibition: The possession of firearms, air rifles, bows and arrows, pellet guns or
slingshots, or fireworks of any description by any person within the limits of any park,
parkway, trail, or open space is hereby prohibited unless authorized through the issu-
ance of a city special event permit under Title 10, Chapter 4.
B. Deer Hunting With Bow And Arrow:
1. Bow and arrow hunting will only be allowed on city property in accordance
with the annual Deer Management Program adopted by the Environmental
Stewardship Advisory Commission and the city council.
2. Exception: An exception to these rules may be granted if approved through
a city of Dubuque special events permit.
. . . .
10-5B-22: OPEN SEASON AND HOURS GENERALLY:
. . . .
H. The following parks and park and recreation facilities will be open for use by the pub-
lic from seven o'clock (7:00) A.M. to ten o'clock (10:00) P.M. daily:
A.Y. McDonald park, Allison-Henderson park, Avon park, Bee Branch park,
Burden park, Cancer Survivor park, Caledonia park, Center Grove open space,
Cleveland park, Comiskey park, Eagle Valley park, Elmwood Green park, Falk
park, Flat Iron park, Flora park, Gay park, Granger Creek nature trail, Grant park
Harvest View park, Heritage trail, Hillcrest park, Hilltop park, Ice Harbor park,
Jackson park, Jaycee trail, Jefferson park, John G. Bergfeld recreation area, Mad-
ison park, Marna Ridge children's forest, Medical Associates Greenbelt, Northwest
Arterial trail, Oakwood park, Pet park, Pinard park, Port of Dubuque Marina, Port
of Dubuque Riverwalk trail, Powerline trail, Pyatigorsk park, Riley park, Rocco Bu-
da Jr. park, Southern park, Southern Levy trail, Teddy Bear park, Trolley Line trail,
Usha park, Valentine park, Valley High park, Waller-Cooper park, Washington
park, Welu park and Westbrook park
. . . .
ARTICLE C. SPECIFIC PARKS, OPEN SPACES AND TRAILS
10-5C-1: SPECIFIC PARK AREAS, OPEN SPACES, AND TRAILS DESCRIBED:
Park descriptions for parks, open space descriptions for open spaces and trail de-
scriptions for trails will be reviewed on a periodic basis and added, deleted and amend-
ed as necessary. Enforcement of use regulations will not be contingent on parks, open
spaces, and trails being specifically listed in this provision.
The following described parcels of real estate are and will be used for public park
purposes and will continue to be known as set forth below and placed under the jurisdic-
tion of the park and recreation advisory commission:
29
A.Y. McDonald park: Blocks 1, 2, 3, 4 and 5 in River Front Subdivision No. 3.
Alliant Energy Amphitheater: The area of the Port of Dubuque west of the Mississippi
Riverwalk, south of the railroad tracks, east of Bell Street, and adjacent to the former
Dubuque Star Brewery.
Allison-Henderson park: Lots 1, 18, 19, 20, 21 and 22 of Pinehurst Subdivision in the
city of Dubuque, Iowa.
American Trust River's Edge Plaza: That area, including the flat area, steps and
ramp, outside the floodwall at the Port of Dubuque at the south end of the Mississippi
Riverwalk.
Avon park: Lots 6 through 10 of Mary Ann McDaniel's Subdivision of parts of Lots
823 and 824 of A. McDaniel's Subdivision in the city of Dubuque, Iowa.
th
Bee Branch: The park area surrounding the 16 Street detention basin and parallel-
ing the day lighted Bee Branch Creek.
Bunker Hill golf course: Part of Lot 2 in Highland Farms Addition; Lot 16 in Pfohl's
Subdivision; Mineral Lots 189, 200, 201, 202, 210, 270, 336 and 370, and parts of Min-
eral Lots 190, 265 and 340, all in the city of Dubuque, Iowa.
Burden park: Lot 1 of Lot 1 of Lot 3 northeast quarter, Section 13, Township 89
North, Range 2 East in the city of Dubuque, Iowa.
Caledonia park: Lot 38 of Kelly's Subdivision in the city of Dubuque, Iowa.
Center Gove open space: East one fourth of City Lot 500.
Cleveland park: South two-thirds of city Lot 695 and Lots 35, 36, 37 and east 20 feet
of Lot 38 of Union Addition in the city of Dubuque, Iowa.
Comiskey park: Lots 1 through 23, Lots 24 through 46 and the intervening alley in
Boulevard Addition of the city of Dubuque, Iowa.
E.B. Lyons Prairie/Woodland Preserve: A. Lots 2 and 3 of the northeast one-quarter
of the southeast one-quarter of section 1, township 88 north, range 2 east of fifth prime
meridian; Lots 2 and 3 of the northwest one-quarter of the southwest one-quarter, Lots
2 and 3 of the northeast one-quarter of the southwest one-quarter, and Lot 2 of Lot 1 of
the southwest one-quarter of the southwest one-quarter; of section 6, township 88
north, range 3 east of the fifth prime meridian in Dubuque County, Iowa, according to
the respective recorded plats thereof. B. Such real estate shall be known, called and
named as the "E.B. Lyons Prairie/Woodland Preserve" and accordingly such real estate
is so permanently named.
Eagle Point park and Ham House Museum: Lot 1 through Lot 7 in Berendes Subdivi-
sion; Lot 2 in Chris Braun's Place; Lot 1 of Lot 1 of Lot 2 of Lot 2A in Clark's Subdivi-
sion; Lot 2 of Lot 1, Lot 2 of Lot 1 of Lot 1, and Lot 2 in Eagle Point View; Lot 2 of Lot 6,
Lot 2 of Lot 1 of Lot 6, and Lot 107 through Lot 124 in Fountain Hill Resubdivisions; Lot
529 through Lot 534 in Ham's Addition; Lot 503 through Lot 515 in Ham's Addition (Ea-
gle Point); Lot 2 of Lot 221, Lot 1 of Lot 222, Lot 223 and Lot 224 in Julien Addition; Lot
1 of Lot 6 in Katherine Place; Lot 2 of Lot 1 of Lot 1 of Lot 1 in Potter Place; Lot 1
through Lot 10 in Potter's Shiras Avenue Place; Lot 1 of Lot 2 of Lot 2 of Lot 3 and Lot 2
of Lot 3 in Shiras Subdivision; and parts of Mineral Lots 305A, 308, 309A, 310, 311 and
312, all in the city of Dubuque, Iowa.
Eagle Valley park: Lot C of Block 3 of Eagle Valley Subdivision.
Elmwood Green park: Lot 2-2-2 of Mineral Lot 349 in the city of Dubuque, Iowa.
Falk park: Lot 23 in Falks Subdivision in the city of Dubuque, Iowa.
Flat Iron park: A triangularly shaped area bounded on the easterly side by Main
Street, on the southerly side by Jones Street and on the westerly side by Shields Street.
30
Flora park: Except for the appurtenant easements of right of way and a strip along
Pennsylvania Street twenty feet (20') in width, the following real estate in the west end
of the city: Sylvester Place: Lot 1 of 4 of Mineral Lot 260; Lot 2 of 1 of 2 of 4 of Mineral
Lot 260; Lot 2 of 2 of 4 of Mineral Lot 260; Lot 2 of 2 of Mineral Lot 259; Lot 1 of 2 of
Mineral Lot 259; Lot 1 of 1 of 1 of 1 of 1 of 2 of J.P. Metel's Subdivision.
Four Mounds: Lot 1 of Lot 1 of Lot 2 of Lot 1 of Lot 1, and Lot 1 of Lot 1 of Lot 2 of
Lot 1, both of the Subdivision of: "Lot 1 of Lot 7 of the southwest one-quarter of Section
1, the southwest one-quarter of the northwest one-quarter of Section 1 and Government
Lot 1 (or Mineral Lot 331) of Section 1, Township 89 North, Range 2 East of the fifth
principal meridian". Lot 2 of the northwest one-quarter of the northwest one-quarter of
Section 1, Township 89 North, Range 2 East of the fifth principal meridian, all in the city
of Dubuque, Iowa, and Lot 16 of "John Deere Dubuque Tractor Works" in Dubuque
Township, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of Lot 2 of Section 2, both in Township 89
North, Range 2 East of the fifth principal meridian, according to the United States Gov-
ernment Survey and the recorded plats thereof, subject to easements of record.
Franklin Delano Roosevelt park: Lot 1 of the west half of the northeast one-quarter of
Section 4, Township 88 North, Range 2 East of fifth principal meridian in Dubuque
County, Iowa and Mineral Lots 272 and 273, Lot 1 of Mineral Lot 271, Lot 1 of Mineral
Lot 274, and Lot 1 of Mineral Lot 276 in Dubuque Township, Dubuque County, Iowa.
Gay park: Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of Lot 1 in Young Primrose Place
and Lots 3 and 4 in Grommersch Place, all in the city of Dubuque, Iowa.
Gerald "Red" McAleece park and recreation complex: Those portions of Mineral Lots
294, 295, Lots 1 and 2 of 296, 297, 298, 299 and 300 and Government Lot 1, located in
Sections 17, 18, 19 and 20, Township 89 North, Range 3 East in the city of Dubuque,
Dubuque County, Iowa, and bounded by Lake Peosta Channel and the Mississippi Riv-
er.
Granger Creek nature trail: Area surrounding Dubuque Technology Park at corner of
Highways 151/61 and Lake Eleanor Road.
Grant park: A triangularly shaped area bounded on the easterly side by Locust
Street, on the westerly side by Bluff Street, and on the southerly side by Fifteenth
Street.
Harvest View park: Lot A of Harvest View Estates First Addition.
Heritage trail: A linear piece of property from 22nd to 32nd Streets along Elm Street,
in the city of Dubuque, Iowa.
Hillcrest park: Lot 1 of Lot 4 of Mineral Lot 261 in the city of Dubuque, Iowa.
Hilltop park: West one-half of Lot 1 of the south one-third of Lots 34 and 35; west 127
feet and 6 inches of Lot 1 of Lot 2 of the south one-third of Lots 34 and 35; west one-
half of Lot 2 of Lot 2 of the south one-third of Lots 34 and 35; west one-half of the north
one-half of Lot 36; west one-half of the south one-half of Lot 36; west one-half of Lot 2
of Lot 37; Lot 1 of Lot 1 of Lot 37; Lot 2 of Lot 2 of Lot 1 of Lot 37 all in Kelly's Subdivi-
sion in the city of Dubuque, Iowa.
Jackson park: An area bounded on the westerly side by Main Street, on the southerly
side by Fifteenth Street, on the easterly side by Iowa Street and on the northerly side by
the south property line of city Lot 746 of the original township, all in the city of Dubuque,
Iowa.
Jaycee trail: A linear trail area paralleling the Peosta Channel from AY McDonald
park to Pyatigorsk park.
31
Jefferson park: Lots 38, 39, 40 and east 21 feet of Lot 41 of Farley's Subdivision in
the city of Dubuque, Iowa.
John G. Bergfeld recreation area: Lot C of the Dubuque Industrial Center West.
Louis Murphy park: That part of Lots 1, 2 and 4 of Mineral Lot 37 lying southerly of
Highway 61; that part of Lots 1, 2, 3, 4 and 5 of O'Connor's Subdivision lying southerly
of Highway 61; westerly 42 feet of Lot 2 and the westerly 42 feet of Lot 2 of Lot 15 in
Summer Hill Addition; Lots 14, 15, 16 and 17 in Rowan's Addition; Lot 1 of Lot 1 of the
subdivision of Mineral Lot 36A; Lot 1 of Lot 2 of Mineral Lot 38; and that part of Lot 6
and all of Lots 7, 8, 9, 10, 11, 12 and 13 lying easterly of Highway 61, all in the city of
Dubuque, Iowa.
Madison park: Lots 32, 33, and 34 of the Subdivision of Lots 676 and 677 in L.H.
Langworthy Addition; Lot 5 of the Subdivision of Lot 674 in L.H. Langworthy Addition;
Lot 1 of Lot 2 of the Subdivision of Lots 676 and 677 in L.H. Langworthy Addition; Lot 3
of Lot 3 of the Subdivision of Lots 676 and 677 in L.H. Langworthy Addition; and two (2)
unnumbered Lots lying between Lots 677 and 678 in L.H. Langworthy Addition, all in the
city of Dubuque, Iowa.
Marna Ridge children's forest: Lot A of Lot B, Block 1 of Marna Ridge Estates 2, as
comprised of Mildreds Addition in the city of Dubuque, Iowa.
Marshall park: Northwest one-quarter of the southeast one-quarter of the southwest
one-quarter of Section 10, Township 89 North, Range 2 East of the fifth principal merid-
ian according to the United States Government Survey thereof, and the southwest quar-
ter of the southwest quarter of Section 10, Township 89 North, Range 2 East of the fifth
principal meridian according to the United States Government Survey thereof, also
right-of-way over the westerly 20 feet of Lot 1 of the subdivision of Lot 1 of 1 of 1 of
Mineral Lot 390, Lot 2 of 1 of Mineral Lot 386 and Lot 2 of Mineral Lot 380 according to
the recorded plats thereof, all in the city of Dubuque, Iowa.
Medical Associates greenbelt: Lot 11 of Medical Associates Subdivision in the city of
Dubuque, Iowa.
Miller-Riverview park: That part of Chaplain Schmitt Memorial Island located northerly
of the Dubuque greyhound racing facility and easterly of the wetlands area extending
easterly an average of approximately four hundred (400) feet more or less to the Mis-
sissippi River.
Nicholas J. Sutton swimming pool: Part of Lots 44, 45, 46, 47, 48, 331, 332 and 333
in Ham's Addition; that part of vacated Garfield Avenue lying adjacent to Lots 45, 46,
331 and 332 in Ham's Addition; that part of vacated Summer Street lying adjacent to
Lots 44, 45, 46, 47, 48, 331, 332 and 333 in Ham's Addition; and that part of the vacat-
ed alley lying adjacent to Lots 46 and 47 in Ham's Addition, all in the city of Dubuque,
Iowa.
Northwest Arterial trail: A linear trail in the IDOT right of way paralleling the Northwest
Arterial.
Oakwood park: Lot 2 Oakwood Park Subdivision and Lot 1 of Lot 1 of Lot 1 of Heim
Subdivision, both in the city of Dubuque, Iowa.
Park Tree Farm: Lots 503 and 515 in Ham's Addition of the city of Dubuque, Iowa.
Pet park: Area on North Grandview Avenue, east of the Bunker Hill golf course and
south of the water department pumping station.
Pinard park: Lots 138, 139 and 140 in Glendale Addition No. 2 in the city of Dubuque,
Iowa.
32
Port of Dubuque Marina: That part of the Port of Dubuque that serves as the Marina
bordered by the Ice Harbor.
Port of Dubuque Riverwalk trail: A linear trail area paralleling the Mississippi River
and Ice Harbor in the Port of Dubuque.
Power Line trail: A linear trail running from Grandview Avenue near Murphy park to
Julien Dubuque Drive.
Pyatigorsk park: Area located at the northeast corner of Sixteenth Street and Kerper
Boulevard, west of the Jaycees trail and south of the Highway 151 Bridge.
Riley park: Lot E of Crescent Heights Subdivision.
Rocco Buda Jr. park: Lot 1 of 1 of 1 of 810 A. McDaniels Subdivision.
Southern park: Beginning at the NW Corner of Lot 1 of said John Breakey's Addition;
3
thence S46°22/'W, 315.98 ft., along the Northwesterly line of said John Breakey's Ad-
4
131
dition; thence S81°01/'W, 12.72 ft.; thence S38°47/'E, 64.04 ft.; thence S51°12/'W,
444
33
46.36 ft.; thence N38°47/'W, 78.87 ft.; thence S68°57/'W, 111.56 ft.; thence
44
S35°45'W, 84.25 ft.; thence S42°39'E, 218.28 ft.
Southern Levy trail: A linear trail running on the Southern Levy along the Mississippi
River south of Highway 20.
Teddy Bear park: Lot 1 of Block 19, Sunnyslopes Estates in the city of Dubuque, Io-
wa.
Trolley Line trail: A linear trail running from Mathia S Ham House to welcome area at
entry of Eagle Point Park and a part of Eagle Point park.
Usha park: Lot 1 of Lot 2 of Lot 1 of Byrne's Subdivision in the city of Dubuque, Iowa.
Valentine park: Lot 1 of the Subdivision of Lot 1 of Lot 1 of Lot 1 of McLean Heights
and Lot 4 in Block 2 of Marna Ridge Estates 2 in the city of Dubuque, Iowa.
Valley High park: Lot 2 of Lot 1 of Lot 1 of Lot 1 in Mineral Lot 337 and Lot 5 in Wie-
gand's Subdivision, all in the city of Dubuque, Iowa.
Veterans' Memorial park: Lot 2 of Mineral Lot 382, Lots 1 and 2 of Lot 1 of Mineral
Lot 383, Mineral Lot 384 and part of Lot 1 of Lot 1 of Lot 2 of Mineral Lot 385 lying south
of Thirty Second Street, all in the city of Dubuque, Iowa.
Waller-Cooper park: Lots 26, 27 and 28 in Cooper Heights Addition in the city of
Dubuque, Iowa.
Washington park: An area bounded on the northerly side by West Seventh Street, on
the westerly side by Bluff Street, on the southerly side by West Sixth Street, and on the
easterly side by Locust Street.
Welu park: Lot 22 of Sunset Park Eighth Addition to the city of Dubuque, Iowa.
Westbrook park: Approximately three (3) acres within Lot A, Block 1 of Westbrook
Subdivision.
Section 2. This Ordinance takes effect upon publication.
th
Passed, approved, and adopted the 5 day of August, 2013.
/s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
th
Published officially in the Telegraph Herald newspaper on the 9 day of August, 2013.
/s/Trish L. Gleason, Assistant City Clerk
33
Code of Ordinances Title 9 Amendment - Roadways Laned for Traffic:City Manager
recommending approval of changes in City Ordinances 9-7-321.306 Roadways Laned
for Traffic. Motion by Connors to receive and file the documents and that the require-
ment that a proposed ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which it is to be passed be suspended. Seconded by
Jones. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 43-13
Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic,
Chapter 7 Operation, Division 6 Driving on Right Side of Roadway; Overtaking and
Passing, Section 9-7-321.306 Roadways Laned For Traffic By Removing The reference
to Three Lanes of Travel, adding references to the Designated Pavement Markings
and/or official traffic control devices and amending the provision which allows for driving
in the center lane of travel in preparation for making a left turn when nearest the drive-
way or intersection where a driver intends to turn, and removing the Slow Moving Vehi-
cle Section Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 43-13
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI-
CLES AND TRAFFIC, CHAPTER 7 OPERATION, DIVISION 6 DRIVING ON RIGHT
SIDE OF ROADWAY; OVERTAKING AND PASSING, SECTION 9-7-321.306 ROAD-
WAYS LANED FOR TRAFFIC BY REMOVING THE REFERENCE TO THREE LANES
OF TRAVEL, ADDING REFERENCES TO THE DESIGNATED PAVEMENT MARK-
INGS AND/OR OFFICIAL TRAFFIC CONTROL DEVICES AND AMENDING THE
PROVISION WHICH ALLOWS FOR DRIVING IN THE CENTER LANE OF TRAVEL IN
PREPARATION FOR MAKING A LEFT TURN WHEN NEAREST THE DRIVEWAY OR
INTERSECTION WHERE A DRIVER INTENDS TO TURN, AND REMOVING THE
SLOW MOVING VEHICLE SECTION
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-7-321.306 of the City of Dubuque Code of Ordinances is
amended to read as follows:
9-7-321.306: ROADWAYS LANED FOR TRAFFIC:
Whenever any roadway has been divided into clearly marked lanes for traffic, the follow-
ing rules in addition to all others consistent herewith shall apply:
A. A vehicle shall be driven as nearly as practical entirely within a single lane
and shall not be moved from such lane until the driver has first ascertained that
such movement can be made with safety and consistent with any pavement
markings and/or official traffic control devices.
B. Upon a roadway which is divided, a vehicle shall not be driven in the center
lane except when:
1. Overtaking and passing another vehicle traveling in the same direction
when such center lane is clear of traffic within a safe distance and said action is
consistent with any pavement markings and/or official traffic control devices;
2. In preparation for making a left turn when nearest the driveway or intersec-
tion where the driver intends to turn; or
3. Where such center lane is at the time allocated exclusively to traffic moving
in the same direction the vehicle is proceeding and such allocation is designated
34
by pavement markings and/or official traffic control devices.
C. Official signs may be erected directing slow moving traffic to use a desig-
nated lane or allocating specified lanes to traffic moving in the same direction
and drivers of vehicles shall obey the directions of every such sign.
D. Vehicles moving in a lane designated for slow moving traffic shall yield the
right of way to vehicles moving in the same direction in a lane not so designated
when such lanes merge to form a single lane.
Section 2. This Ordinance takes effect upon publication.
th
Passed, approved, and adopted the 5 day of August, 2013.
/s/Roy D. Buol, Mayor
/s/Trish L. Gleason, Assistant City Clerk
th
Published officially in the Telegraph Herald newspaper on the 9 day of August, 2013.
/s/Trish L. Gleason, Assistant City Clerk
Fiscal Year 2014 Dubuque County REAP Plan Update:City Manager recommending
approval of the City's update to the Fiscal Year 2014 Dubuque County REAP Plan and
REAP grant application for Phase 4 of the Iowa 32 (Northwest Arterial) Bike/Hike Trail.
Motion by Braig to receive and file the documents and adopt Resolution No. 259-13 Au-
thorizing REAP Grant Application to Iowa Department of Natural Resources for Phase 4
of the Iowa 32 Bike/Hike Trail and appoint Council person Connors to the REAP com-
mittee. Seconded by Resnick. Motion carried 7-0.
RESOLUTION NO. 259-13
AUTHORIZING REAP GRANT APPLICATION TO IOWA DEPARTMENT OF NATU-
RAL RESOURCES FOR PHASE 4 OF THE IOWA 32 BIKE/HIKE TRAIL
Whereas, the Iowa Department of Natural Resources has allocated grant funds in the
REAP (Resource Enhancement and Protection) Program for the development of
bike/hike trails; and
Whereas, the City of Dubuque has adopted the 2008 Comprehensive Plan that in-
cludes goals for development of bike/hike trails; and
Whereas, the City of Dubuque has adopted the 2008 Tri-State Trail Plan that in-
cludes Phase 4 of the Iowa 32 Bike/Hike Trail as a High Priority project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authorized to sign and the Planning Services Manag-
er is hereby authorized to submit an application to the Iowa Department of Natural Re-
sources for REAP funds for Phase 4 of the Iowa 32 Bike/Hike Trail.
Section 2. That in the event said application is approved, the City Council hereby
provides its written assurance that the completed project will be adequately maintained
for its intended use in accordance with state requirements.
th
Passed, approved and adopted this 5 day of August, 2013.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
Code of Ordinances - U.S. Hwy 20 Development Moratorium:City Manager recom-
mending approval of four ordinances to create the 12-month moratorium for the High-
way 20 Corridor Study Area. Motion by Jones to receive and file the documents and that
35
the requirement that a proposed ordinance be considered and voted on for passage at
two Council meetings prior to the meeting at which it is to be passed be suspended. Se-
conded by Connors. Motion carried 7-0.
Motion by Jones for final consideration and passage ofOrdinance No. 44-13 Amend-
ing City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2
Building Construction, Demolition and Moving, Section 14-2-4 Moratorium for Construc-
tion or Other Work on Certain Streets, Areas or Facilities by adding an Additional Study
Area and Ordinance No. 45-13 Amending City of Dubuque Code of Ordinances Title 16
Unified Development Code, Chapter 9 Zoning Advisory Commission Applications and
Procedures, Section 16-9-5-3 City Council Action by adding an Additional Study Area
and Ordinance No. 46-13 Amending City of Dubuque Code of Ordinances Title 16 Uni-
fied Development Code, Chapter 11 Land Subdivision, Section 16-11-2 Applicability by
adding an Additional Study Area and Ordinance No. 47-13 Amending The City of Dubu-
que Code of Ordinances Title 16 Unified Development Code, Chapter 13 Site Design
Standards, Section 16-13-2 Applicability by adding an Additional Study Area. Seconded
by Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 44-13
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 2 BUILDING CONSTRUCTION, DEMOLITION AND
MOVING, SECTION 14-2-4 MORATORIUM FOR CONSTRUCTION OR OTHER
WORK ON CERTAIN STREETS, AREAS OR FACILITIES BY ADDING AN ADDI-
TIONAL STUDY AREA
Section 1. City of Dubuque Code of Ordinances Section 14-2-4 is amended to read
as follows:
Section 14-2-4: Moratorium For Construction Or Other Work On Certain Streets, Are-
as Or Facilities:
. . . .
C. Highway 20 Corridor Study Area: The city manager may not issue any permit for
any new construction or substantial enlargement, alteration, repair or remodeling of any
structure, building, or sign in the highway 20 corridor study area as shown on the map
on file in the office of the city clerk, but not to include demolition or emergency repairs,
without the approval of the city council, from the effective date hereof to August 20,
2014, except where a vested right to the issuance of such permit accrued prior to the
effective date hereof.
. . . .
Section 2. This Ordinance takes effect upon publication.
th
Passed, approved, and adopted the 5 day of August, 2013.
/s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
th
Published officially in the Telegraph Herald newspaper on the 9 day of August, 2013.
/s/Trish L. Gleason, Assistant City Clerk
36
OFFICIAL PUBLICATION
ORDINANCE NO. 45-13
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DE-
VELOPMENT CODE, CHAPTER 9 ZONING ADVISORY COMMISSION APPLICA-
TIONS AND PROCEDURES, SECTION 16-9-5-3 CITY COUNCIL ACTION BY ADD-
ING AN ADDITIONAL STUDY AREA
Section 1. City of Dubuque Code of Ordinances Section 16-9-5-3 is amended to read
as follows:
Section 16-9-5-3: City Council Action:
. . . .
E. Moratorium For Rezonings In The Highway 20 Corridor Study Area: The city coun-
cil may not give final approval to any zoning reclassification (rezoning) request for prop-
erty in the highway 20 corridor study area that lies within the corporate limits of the city
of Dubuque, as delineated on drawings on file in the city clerk's office, from the effective
date hereof to August 20, 2014, except where a vested right to the issuance of such ap-
proval accrued prior to the effective date hereof.
. . . .
Section 2. This Ordinance takes effect upon publication.
th
Passed, approved, and adopted the 5 day of August, 2013.
/s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
th
Published officially in the Telegraph Herald newspaper on the 9 day of August, 2013.
/s/Trish L. Gleason, Assistant City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 45-13
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DE-
VELOPMENT CODE, CHAPTER 9 ZONING ADVISORY COMMISSION APPLICA-
TIONS AND PROCEDURES, SECTION 16-9-5-3 CITY COUNCIL ACTION BY ADD-
ING AN ADDITIONAL STUDY AREA
Section 1. City of Dubuque Code of Ordinances Section 16-9-5-3 is amended to read
as follows:
Section 16-9-5-3: City Council Action:
. . . .
E. Moratorium For Rezonings In The Highway 20 Corridor Study Area: The city coun-
cil may not give final approval to any zoning reclassification (rezoning) request for prop-
erty in the highway 20 corridor study area that lies within the corporate limits of the city
of Dubuque, as delineated on drawings on file in the city clerk's office, from the effective
37
date hereof to August 20, 2014, except where a vested right to the issuance of such ap-
proval accrued prior to the effective date hereof.
. . . .
Section 2. This Ordinance takes effect upon publication.
th
Passed, approved, and adopted the 5 day of August, 2013.
/s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
th
Published officially in the Telegraph Herald newspaper on the 9 day of August, 2013.
/s/Trish L. Gleason, Assistant City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 46-13
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DE-
VELOPMENT CODE, CHAPTER 11 LAND SUBDIVISION, SECTION 16-11-2 AP-
PLICABILITY BY ADDING AN ADDITIONAL STUDY AREA
Section 1. City of Dubuque Code of Ordinances Section 16-11-2 is amended to read
as follows:
Section 16-11-2: Applicability:
. . . .
D. Highway 20 Corridor Study Area Subdivision Review: A proposed plat that divides
any parcel within the highway 20 arterial corridor into two (2) or more lots, and any pre-
liminary plat within the highway 20 corridor study area must be submitted to the city
council for review. No plat for any subdivision or resubdivision of property in the high-
way 20 corridor study area, as delineated on drawings on file in the city clerk's office,
may be approved by the city council, from the effective date hereof to August 20, 2014,
except where a vested right to the issuance of such approval accrued prior to the effec-
tive date hereof.
. . . .
Section 2. This Ordinance takes effect upon publication.
th
Passed, approved, and adopted the 5 day of August, 2013.
/s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
th
Published officially in the Telegraph Herald newspaper on the 9 day of August, 2013.
/s/Trish L. Gleason, Assistant City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 47-13
AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED
38
DEVELOPMENT CODE, CHAPTER 13 SITE DESIGN STANDARDS, SECTION 16-13-
2 APPLICABILITY BY ADDING AN ADDITIONAL STUDY AREA
Section 1. City of Dubuque Code of Ordinances Section 16-13-2 is amended to read as
follows:
Section 16-13-2: Applicability:
. . . .
F. Moratorium For Site Plans In The Highway 20 Corridor Study Area: The city plan-
ner may not issue conditional or final approval for any site plan filed for property in the
highway 20 corridor study area that lies within the corporate limits of the city of Dubu-
que, as delineated on drawings on file in the city clerk's office, from the effective date
hereof to August 20, 2014, except where a vested right to the issuance of such approval
accrued prior to the effective date hereof.
. . . .
Section 2. This Ordinance takes effect upon publication.
th
Passed, approved, and adopted the 5 day of August, 2013.
/s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
th
Published officially in the Telegraph Herald newspaper on the 9 day of August, 2013.
/s/Trish L. Gleason, Assistant City Clerk
Dubuque Industrial Center South PCC Paving and Utilities 2013 Project - Award of
Contract:City Manager recommending award of the contract to the low bidder, Horsfield
Construction, for the Dubuque Industrial Center South PCC Paving and Utilities Project.
Motion by Lynch to receive and file the documents and adoptResolution No. 260-13
Awarding public improvement contract for the Dubuque Industrial Center South Paving
and Utilities - 2013 Project. Seconded by Resnick. Motion carried 7-0.
RESOLUTION NO. 260-13
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE DUBUQUE INDUSTRI-
AL CENTER SOUTH PAVING AND UTILITIES – 2013 PROJECT
Whereas, sealed proposals have been submitted by contractors for the Dubuque In-
dustrial Center South Paving and Utilities – 2013 Project (the Project), pursuant to Res-
olution No. 198-13, with Notice to Bidders published in a newspaper in Dubuque, Iowa
on July 5, 2013 and a public hearing approving the plans, specifications and form of
contract occurring July 15, 2013.
th
Whereas, said sealed proposals were opened and read on the 18 day of July, 2013
and it was been determined that Horsfield Construction, Inc. of Epworth, Iowa, with a
bid in the amount of $665,611.50, is the lowest responsive, responsible bidder for the
Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Horsfield
39
Construction, Inc. of Epworth, Iowa and the City Manager is hereby directed to execute
a Public Improvement Contract on behalf of the City of Dubuque for the Project.
th
Passed, adopted and approved this 5 day of August, 2013.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
thth
Elm Street Reconstruction Project (9 to 12 Streets) - Award of Contract:City Man-
ager recommending award of the contract to the low bidder, Horsfield Construction, Inc.,
thth
for the Elm Street Reconstruction Project (9 to 12 Streets). Motion by Braig to receive
and file the documents and adopt Resolution No. 261-13 Awarding Public Improvement
thth
Contract for the Elm Street Reconstruction Project (9 to 12), Iowa DOT Project No.
TCSP - 052-2(129)--9S-31. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 261-13
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE ELM STREET RE-
THTH
CONSTRUCTION PROJECT (9 TO 12), IOWA DOT PROJECT NO. TCSP – 052-
2(129)—9S-31
Whereas, sealed proposals have been submitted by contractors for the Elm Street
Reconstruction Project (9th to 12th), Iowa DOT Project No. TCSP – 052-2(129)— 9S-31
(the Project) pursuant to Resolution No. 233-13.
Whereas, said sealed proposals were opened and read by the Iowa Department of
th
Transportation on the 16 day of July, 2013, and it has been determined that Horsfield
Construction, Inc. of Epworth, Iowa with a bid in the amount of $739,904.40, is the low-
est responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to, Horsfield
Construction, Inc. subject to the concurrence by Iowa Department of Transportation
(Iowa DOT), and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
th
Passed, approved and adopted this 5 day of August, 2013.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
Southwest Arterial Project - Right-of-Way Property Acquisition Establishing Fair Mar-
ket Value:City Manager recommending adoption of a resolution establishing and setting
the Just Compensation Valuation (Fair Market Value) for two parcels of property owned
by Jon Luckstead to be acquired for the Southwest Arterial Project based on the certi-
fied Acquisition Appraisal and Review Appraisal reports. Motion by Jones to receive and
file the documents and adoptResolution No. 262-13 Establishing the fair market value
of real property for the Southwest Arterial Project, directing good faith negotiations for
the acquisition of property and authorizing the commencement of Eminent Domain pro-
ceedings, if necessary, to acquire property. Seconded by Connors. Motion carried 7-0.
40
RESOLUTION NO. 262-13
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 appraised values for
the properties are listed below; and
Whereas, the legal description of each of the properties to be acquired, the owners
and the appraised value of each of the properties is listed below; and
Whereas, the City Council has previously conducted a public hearing on the approval
of and the site location for 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:
APPRAISED
PROPERTY OWNER(S)
VALUE
Part of Parcel 184 as described on Exhibit A attached Jon Luckstead $36,900.00
Part of Parcel 187 as described on Exhibit B attached Jon Luckstead $217,954.00
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 fair market value City has established for the property; and
Whereas, the City Council now desires to establish the fair market value for each of
the properties; and
Whereas, the City wishes to acquire the properties listed for the Southwest Arterial
Project by 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 fair market value of each of the prop-
erties 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.
th
Passed, approved and adopted this 5 day of August, 2013.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
EXIBIT A
A Parcel Of Land Situated In Part Of Lot C And Part Of Silverwood Drive In Tama-
rack S.E. Fourth Subdivision Of Section 14, Township 88 North, Range 2 East Of The
th
5 P.M., County Of Dubuque, State Of Iowa, More Particularly Described As Follows:
Commencing At The Center Of Said Section 14, Also Being The Northwest Corner Of
Said Lot C; Thence North 87o (Degrees) 38’ (Minutes) 38” (Seconds) East (Assumed
Bearing For The Purpose Of This Description) On The North Line Of Said Lot C,
1,333.88 Feet To The Easterly Line Of Said Lot C; Thence South 02o04’08” East,
840.25 Feet To The Point Of Beginning Of The Parcel Herein Described; Thence South
41
57o47’45” East On A Northeasterly Line Of Said Lot C, 262.28 Feet; Thence South
86o14’56” West, 107.88 Feet To The Present Northeasterly Right-Of-Way Line Of Sil-
verwood Drive; Thence South 60o35’13” West, 66.00 Feet To The Present Southwest-
erly Right-Of-Way Line Of Silverwood Drive; Thence Northwesterly On The Present
Southwesterly Right-Of-Way Line Of Silverwood Drive, Being A 167.00-Foot Radius
Curve Concave Southwesterly And Having A 98.22-Foot Long Chord Bearing North
46o30’52” West, 99.69 Feet (Arc Length); Thence North 26o23’02” East, 66.00 Feet To
The Present Northeasterly Right-Of-Way Line Of Silverwood Drive; Thence North
63o36’58” West On The Present Northeasterly Right-Of-Way Line Of Silverwood Drive,
36.84 Feet; Thence North 26o38’29” East, 40.46 Feet To The Point Of Beginning.
Fee Title Containing 17,897 Square Feet Or 0.41 Acre Of Which 7,880 Square Feet
Or 0.18 Acre Is An Existing Permanent Easement For Right-Of-Way For Silverwood
Drive.
Temporary Easement Containing 31,364 Square Feet Or 0.72 Acre.
Exibit B
A Parcel Of Land Situated In Part Of Lot 1 0f 2 Of The Southeast 1/4 Of Section 14,
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 East 1/4 Corner Of Said Section 14; Thence South 87o (De-
grees) 30’ (Minutes) 08” (Seconds) West (Assumed Bearing For The Purpose Of This
Description) On The North Line Of The Southeast 1/4 Of Said Section 14, A Distance Of
693.86 Feet To The Point Of Beginning Of The Parcel Herein Described; Thence South
44o56’29” West, 35.03 Feet; Thence South 28o21’20” West, 300.00 Feet; Thence
South 21o13’50” West, 201.56 Feet; Thence South 39o39’56” West, 203.96 Feet;
Thence South 05o33’44” West, 153.84 Feet; Thence South 02o18’18” East, 150.08
Feet; Thence South 07o39’55” West, 71.31 Feet To The Southwesterly Line Of Said Lot
1 Of 2; Thence North 57o47’45” West On The Southwesterly Line Of Said Lot 1 Of 2, A
Distance Of 262.28 Feet; Thence North 08o17’51” East, 713.31 Feet; Thence North
44o01’37” East, 202.81 Feet To The North Line Of The Southeast 1/4 Of Said Section
14; Thence North 87o30’08” East On Said North Line, 367.18 Feet To The Point Of Be-
ginning.
Hereinafter To Be Known As Lot A Of Lot 1 Of 2 Of The Southeast 1/4 Of Section 14,
Township 88 North, Range 2 East Of The 5th P.M., County Of Dubuque, State Of Iowa.
Containing 277,119 Square Feet Or 6.36 Acres.
Temporary Easement Containing 8,160 Square Feet Or 0.19 Acre.
Human Rights - Request for Work Session: City Manager requesting a work session
with the City Council before the regularly scheduled City Council meeting on September
3, 2013 from 5:00 p.m. to 6:15 p.m. Motion by Lynch to receive and file the documents
and set the work session as recommended. Seconded by Braig. Motion carried 7-0.
42
CLOSED SESSION
Motion by Jones at 8:39 p.m. to convene in closed session to discuss pending litiga-
tion and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded
by Resnick. Motion carried 7-0.
Upon motion, the City Council reconvened in open session at 9:00 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 9:02 p.m.
/s/Trish L. Gleason, CMC
Assistant City Clerk
43