10 21 13 City Council Proceedings Official_Special and Regular
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 4:30 p.m. on October 21, 2013 at
the Dubuque Regional Airport Jet Center, 11000 Airport Road.
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 special session of the City Council called
for the purpose of conducting a tour of the Dubuque Regional Airport new terminal pro-
ject.
WORK SESSION
Tour of the Dubuque Regional Airport new terminal project
Airport Manager Bob Gierson provided a tour of the new airport terminal project still
under construction highlighting the design, layout, technology and sustainability ele-
ments.
There being no further business, upon motion the City Council adjourned at 5:05 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on October 21, 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)
Andrew Connolly Make-a-Difference Day (October 26, 2013) was accepted by co-
chair Jennifer Connolly.
PRESENTATION(S)
ICMA International Sustainability Fellows Program: Assistant City Manager Cindy
Steinhauser introduced Yigang Feng of Hunan Province, China; and Peter Ridge of
Palmerston North, New Zealand, who addressed the City Council.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated with exception to item No. 6 (Novelty Iron, Landlord, LLC - Collat-
eral Assignment of Development Agreement) and item No. 14 (Appeal of Claim - Shirley
Wiegand). Seconded by Resnick. Council Member Connors requested item No. 6 be
held for separate discussion and item No. 15 was removed from the agenda at the re-
quest of the City Attorney. Motion carried 7-0.
Minutes and Reports Submitted: Cable TV Commission of 9/4; City Council proceed-
ings of 10/7; Library Board of Trustees of 8/22 and 9/26; Zoning Advisory Commission
of 10/2; Zoning Board of Adjustment of 9/26. Upon motion the documents were received
and filed.
Notice of Claims and Suits: Resurrection Church for property damage; Aaron Walling
for vehicle damage; Walter Womack for lost wages. Upon motion the documents were
received, filed and referred to the City Attorney.
2
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: Walter Womack for lost wages. Upon motion the documents were re-
ceived, filed and concurred.
Managing Underwriter Services: City Manager recommending approval of the selec-
tion of R.W. Baird for managing underwriting services. Upon motion the documents
were received, filed and approved.
Dodds River Terminal, Inc. Quit Claim Deed: City Attorney recommending approval
of the settlement and accepting of the quit claim deed from Dodds River Terminal, Inc.
Upon motion the documents were received and filed and Resolution No. 310-13 Accept-
ing the deed to certain real estate in Dubuque County, Iowa from Dodds River Terminal,
Inc. was adopted.
RESOLUTION NO. 310-13
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IO-
WA FROM DODDS RIVER TERMINAL, INC.
Whereas, the City of Dubuque, Iowa (City) has leased the real property described in
Exhibit A to Dodds River Terminal, Inc. (Dodds) or its predecessors; and
Whereas, City and Dodds have a dispute as to when the leases terminate and
whether Dodds continues to have an interest in the real estate which is the subject of
the leases; and
Whereas, to resolve the issues, City filed a declaratory judgment lawsuit in the Dis-
trict Court for Dubuque County; and
Whereas, Dodds and City have reached the following agreement for the resolution of
the issues, pursuant to which Dodds will release all interest in the real estate and the
leases, City will pay Dodds $32,500.00, City will dismiss the lawsuit, and Dodds will re-
move all personal property, equipment and material from the leased premises within
thirty (30) days; and
Whereas, the City Council finds that it is in the interests of the City of Dubuque to ap-
prove the agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. The agreement between the City of Dubuque, Iowa and Dodds River Ter-
minal, Inc. is hereby approved.
Section 2. The City of Dubuque accepts the Quit Claim Deed attached hereto.
st
Passed, approved and adopted this 21 day of October, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
EXHIBIT A
A tract of land southerly and abutting the lease of Dubuque Tank Terminal Company
as outlined in Par. 3 of lease and agreement between City of Dubuque through its
Board of Dock Commissioners and Dubuque Tank Terminal Company as dated De-
cember 7, 1963 - - - -
3
Commencing with the northwest corner of the Dock House of the City of Dubuque
Board of Dock Commissioners, thence along the north face of said Dock House to the
northeast corner thereof a distance of 79.5 feet, thence southerly and along the east
face of said Dock House a distance of 77.5 feet to the point of beginning of the property
to be described, thence continuing southerly along said east face of said Dock House a
distance of approximately 135.83 feet, more or less, to the right-of-way line of the Julien
Dubuque Bridge (this right-of-way is 50 feet distant and normal to the center line of said
bridge), thence easterly and along said right-of-way of said bridge a distance of 110
feet, more or less, thence northerly and parallel to the said east face of said Dock
House to the southerly line extended of the aforesaid Dubuque Tank Terminal Compa-
ny lease, thence South 87 degrees 43 1/2 minutes West, 110 feet to the point of begin-
ning, excepting the clearance area around pier No. 18 of the Julien Dubuque Bridge
which is required by the Iowa Highway Commission and is to remain free and clear of
any further fill or loadings which might or could cause settlement of the said bridge pier;
and
Commencing at the Southeast corner of Block 6 in Dubuque Harbor Company's Ad-
dition to the City of Dubuque, Dubuque County, Iowa;
Thence South 82° East 154.05 feet;
Thence South 3°38' East 226 feet to the point of beginning;
Thence South 87°42'30" West 121.87 feet;
Thence South 3°23'25" West 30.2 feet;
Thence North 87°42'30" East 104.12 feet;
Thence South 2°17'30" East 192.76 feet;
Thence North 87°42'30" East 101.5 feet;
Thence North 2°17'30" West 222.73 feet;
Thence South 87°42'30" West 80.83 feet to the point of beginning; with an area
of 25,683.7 square feet.
Novelty Iron, Landlord, LLC - Collateral Assignment of Development Agreement: City
Manager recommending approval of a Collateral Assignment of Development Agree-
ment from Novelty Iron Landlord LLC to The National Bank out of Bettendorf. Motion by
Connors to receive and file the documents and adopt Resolution No. 301-13 Approving
the Collateral Assignment of Development Agreement between the City of Dubuque,
Iowa, Novelty Iron Landlord LLC, and the National Bank. Seconded by Braig. The City
Manager and City Attorney provided information related to TIF payments and the City’s
liability. Motion carried 7-0.
RESOLUTION NO. 301-13
APPROVING THE COLLATERAL ASSIGNMENT OF DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA, NOVELTY IRON LANDLORD LLC, AND
THE NATIONAL BANK
Whereas, the City of Dubuque, Iowa entered into a Development Agreement with
Warehouse Trust, LLC dated June 17, 2013; and
Whereas, Warehouse Trust, LLC assigned its rights and responsibilities under the
Development Agreement to Novelty Iron Landlord LLC on August 5, 2013; and
Whereas, Novelty Iron Landlord LLC has requested a Collateral Assignment of De-
4
velopment Agreement as security for a loan to Novelty Iron Landlord LLC from The Na-
tional Bank, 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 Assignment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque hereby approves the Collateral Assignment of Devel-
opment Agreement, a copy of which is attached hereto.
Section 2. The Mayor is authorized and directed to sign the Collateral Assignment of
Development Agreement on behalf of the City of Dubuque.
st
Passed, approved and adopted this 21 day of October, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
E.B. Lyons Interpretive Area - Land and Water Conservation Fund Grant: City Man-
ager recommending approval of the Land and Water Conservation Fund Grant Agree-
ment with the Iowa Department of Natural Resources to assist with land acquisition and
development of the E.B. Lyons Interpretive Area Expansion at the Mines of Spain Rec-
reation Area. Upon motion the documents were received and filed and Resolution No.
302-13 Authorizing Land and Water Conservation Fund Grant Agreement with Iowa
Department of Natural Resources for Acquisition and Development of E.B. Lyons Inter-
pretive Area Expansion at the Mines of Spain State Recreation Area was adopted.
RESOLUTION NO. 302-13
AUTHORIZING LAND AND WATER CONSERVATION FUND GRANT AGREEMENT
WITH IOWA DEPARTMENT OF NATURAL RESOURCES FOR ACQUISITION AND
DEVELOPMENT OF E.B. LYONS INTERPRETIVE AREA EXPANSION AT THE
MINES OF SPAIN STATE RECREATION AREA
Whereas, the Iowa Department of Natural Resources has allocated grant funds in the
Land and Water Conservation Fund for the acquisition and development of recreational
areas; and
Whereas, the City of Dubuque has adopted the 2008 Comprehensive Plan which in-
cludes objectives for enhanced accessibility for parks, trails, and open space, protection
of scenic and cultural resources, and development of additional recreational areas.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authorized to sign the grant agreement with the Iowa
Department of Natural Resources for the Land and Water Conservation Fund Project #
19-01291 for the acquisition and development of the planned E.B. Lyons Interpretive
Area Expansion at the Mines of Spain State Recreation Area.
Section 2. That the City Council hereby provides its written assurance that the com-
pleted project will be adequately maintained for its intended use in accordance with
state requirements.
st
Passed, approved and adopted this 21 day of October, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5
Final Plat - Pine Knoll Subdivision (Katrina Circle): Zoning Advisory Commission rec-
ommending approval of the Final Plat for Pine Knoll Subdivision subject to waiving the
lot frontage requirement for Lots 3, 4, and 5. Upon motion the documents were received
and filed and Resolution No. 303-13 Approving the Final Plat of Pine Knoll Subdivision
in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 303-13
APPROVING THE FINAL PLAT OF PINE KNOLL SUBDIVISION IN THE CITY OF
DUBUQUE, IOWA
Whereas, Pine Knoll Homeowners Association, as owners, have filed with the City
Clerk the Final Plat of Pine Knoll Subdivision in the City of Dubuque, Iowa; and
Whereas, upon said Final Plat appears certain public utility and water main ease-
ments, which Pine Knoll Homeowners Association by said Final Plat have dedicated to
the public forever; and
Whereas, said Final Plat provides 0 feet of frontage for Lot 3, Lot 4, and Lot 5 on a
public or approved private street, where street frontage is required by Section 11-14 of
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and
Whereas, said Final Plat has been examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said Final Plat has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating to it.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of the easements for public utilities and water main, as
they appear upon said Final Plat, be and the same are hereby accepted.
Section 2. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code is waived to allow 0 feet of frontage for Lot 3, Lot 4, and Lot
5 on a public or approved private street.
Section 3. That the Final Plat of Pine Knoll Subdivision is hereby approved and the
Mayor and City Clerk are hereby authorized and directed to endorse the approval of the
City of Dubuque, Iowa upon said Final Plat, provided that Pine Knoll Homeowners As-
sociation execute their written acceptance hereto attached.
Section 4. That in the event Pine Knoll Homeowners Association fails to execute the
acceptance of this Resolution, the provisions hereof shall be null and void and the ac-
ceptance of the dedication of easements and approval of the plat shall not be effective.
st
Passed, approved and adopted this 21 day of October, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ACCEPTANCE OF RESOLUTION NO. 303-13
I, the undersigned, Pat Friedman, representing Pine Knoll Homeowners Associa-
tion, having read the terms and conditions of the Resolution No. 303-13 and being famil-
iar with the conditions thereof, hereby accept this same and agree to the conditions re-
quired therein.
th
Dated in Dubuque, Iowa this 10 day of October, 2013.
/s/Pat Friedman of Pine Knoll Homeowners Association
6
Asbury Tank Reconditioning Project Acceptance: City Manager recommending ac-
ceptance of the construction contract for the reconditioning of the Asbury Tank Recondi-
tioning Project, as completed by Classic Protective Coatings. Upon motion the docu-
ments were received and filed and Resolution No. 304-13 Accepting the Asbury Tank
Reconditioning Project and authorizing the payment of the contract amount to the con-
tractor was adopted.
RESOLUTION NO. 304-13
ACCEPTING THE ASBURY TANK RECONDITIONING PROJECT AND AUTHORIZ-
ING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Asbury Tank Reconditioning Pro-
ject (the Project) has been completed and MSA Professional Services of Dubuque, Io-
wa, the City’s consulting engineering firm, has examined the work and filed a letter stat-
ing that the Project has been completed according to the terms of the Public Improve-
ment Contract and has recommended that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City’s consulting firm is approved and the Pro-
ject is hereby accepted.
Section 2. The Finance Director is hereby directed to pay the Contractor from the
Water Department’s FY-2014 Capital Improvement Program Budget Fund Code 740-
2204 appropriation for the contract amount of $682,950.00 less any retained percentage
provided therein as provided in Iowa Code, Chapter 573, and to pay such retainage only
in accordance with the provisions of Iowa Code Chapter 573.
st
Passed, approved and adopted this 21 day of October, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Zoning Advisory Commission: Communication from Zoning Advisory Commission re-
questing City Council approval to appoint Commissioner Michael Belmont as a repre-
sentative to the Airport Zoning Advisory Commission. Upon motion the documents were
received, filed and approved.
Alternative Services Concepts Renewal Rates: City Manager recommending approv-
al of the renewal rates from Alternative Services Concepts for services related to the
administration of the City’s Worker’s Compensation Program effective October 1, 2013
through September 30, 2014. Upon motion the documents were received, filed and ap-
proved.
Supplemental Environmental Project (SEP) Completion Report: City Manager rec-
ommending approval to certify and submit the City of Dubuque’s Supplemental Envi-
ronmental Project Completion Report to the U.S. Department of Justice, US Environ-
mental Protection Agency and the Iowa Department of Natural Resources. Upon motion
the documents were received and filed.
7
Rainbo Oil Co. (DBA Kwik Stop C-Stores) - First Amendment to Lease Agreement:
City Manager recommending approval of the First Amendment to the Lease Agreement
with Rainbo Oil Co., d/b/a Kwik Stop C-Stores for a portion of the 16th Street corridor
property. Upon motion the documents were received and filed and Resolution No. 305-
13 Approving the First Amendment to the Lease Agreement between the City of Dubu-
que, Iowa and Rainbo Oil, Co. DBA Kwik Stop C-Stores was adopted.
RESOLUTION NO. 305-13
APPROVING THE FIRST AMENDMENT TO THE LEASE AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA AND RAINBO OIL CO. DBA KWIK STOP C-
STORES
Whereas, the City of Dubuque, Iowa (City) and Rainbo Oil Co. DBA Kwik Stop C-
nd
Stores entered into a Lease Agreement dated for reference purposes the 22 day of
January, 2013; and
Whereas, in Section 1.1 of the Lease Agreement, the parties agreed to a survey and
platting of the Demised Premises; and
Whereas, in Section 2.1 of the Lease Agreement, the Lessee agreed to pay the Les-
sor monthly a per acre amount; and
Whereas, the City has prepared a Plat of Survey showing the Demised Premises and
revised acreage totals; and
Whereas, the parties now agree to amend the Lease Agreement as set forth in the
attached First Amendment to Lease Agreement; and
Whereas, the City Council believes it is in the best interests of the City of Dubuque to
approve the First Amendment to Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. The First Amendment to Lease Agreement between the City of Dubuque
and Rainbo Oil Co. DBA Kwik Stop C-Stores attached hereto is hereby approved.
st
Passed, approved and adopted this 21 day of October, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Appeal of Claim - Shirley Wiegand: City Attorney recommending denial of a claim by
Shirley Wiegand for property damage. Upon motion this item was removed from the
agenda.
Ellyn Bechen et al. vs. City of Dubuque and Dubuque Racing Association, LTD: City
Attorney submitting a Dismissal with Prejudice related to the Ellyn Bechen et al. vs. City
of Dubuque and Dubuque Racing Association, LTD law suit. Upon motion the docu-
ments were received and filed.
Nicholas Steffen vs. City of Dubuque et al.: City Attorney submitting a Stipulated
Dismissal with Prejudice and executed Release related to the Nicholas Steffen vs. City
of Dubuque et al law suit. Upon motion the documents were received and filed.
8
PEG Capital Expenditure Request: City Manager recommending approval of the Ca-
ble TV Commission recommendations for funding from the Public, Educational, and
Government (PEG) Capital Grant for Access Equipment and Facilities for the University
of Dubuque to purchase a portable video switcher to enable on-location multi-camera
productions. Upon motion the documents were received, filed and approved.
Iowa Department of Public Health Third-Party Agreement: City Manager recommend-
ing approval of a Third Party Network Agreement in order to use the Healthy Homes
Lead Poisoning Surveillance System for the Healthy Homes and Childhood Lead Poi-
soning Prevention Programs. Upon motion the documents were received, filed and ap-
proved.
Mediacom Communications Company: Communication from Mediacom Communica-
tions Company advising the City of programming changes on or about October 28,
2013. Upon motion the documents were received and filed.
Dubuque Main Street - Main Street Iowa 2013 Challenge Grant: City Manager rec-
ommending approval of an endorsement of the Dubuque Main Street application to the
Iowa Economic Development Authority for a 2013 Main Street Iowa Challenge Grant.
Upon motion the documents were received, filed and approved.
Signed Contracts: CEC Contract for technology support in the Port of Dubuque;
Neumann Monson contract amendment for the Intermodal Transportation Center;
Strand Associates Amendment No. 6 for Construction Services related to the W&RRC
Modification Project. Upon motion the documents were received and filed.
Improvement Contracts and Maintenance Bonds: Portzen Construction Contract for
the 16th Street Railroad Crossing Approach Pavement Removal and Replacement Pro-
ject. Upon motion the documents were received, filed and approved.
Business License Refund: Request by Rainbo Oil Co. for a refund of the liquor li-
cense for Kwik Stop formally located at 4110 Dodge St. in the amount of $37.50. Upon
motion the documents were received, filed and approved.
Alcohol License Applications: City Manager recommending approval of annual liquor,
beer, and wine licenses as submitted. Upon motion the documents were received and
filed and Resolution No. 306-13 Approving applications for beer, liquor, and/or wine
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li-
cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses
and Permits was adopted.
RESOLUTION NO. 306-13
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
9
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted
and filed with the City Council for approval and the same have been examined and ap-
proved; and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation.
Renewals
Big 10 Mart Car Wash 1875 J.F.K. Rd. Class C Beer (Sunday)
Dog House Lounge 1646 Asbury Rd. Class C Liquor (Outdoor) (Sunday)
Grand River Center 500 Bell St Class C Liquor (Catering) (Sunday)
Huhot Mongolian Grill 555 J.F. Kennedy Rd. #685 Special Class C Liquor (Sunday)
Jumpers Sports Bar & Grill 2600 Dodge St. Class C Liquor (Outdoor) (Sunday)
L. May 1072 Main Class C Liquor, Class B Wine (Ca-
tering) (Outdoor) (Sunday)
Rainbow Lounge 36 W 4 th St. Special Class C Liquor (Sunday)
Target Store T-0086 3500 Dodge St. Class E Liquor, Class B Wine,
Class C Beer (Carryout) (Sunday)
Europa Haus Rest. & Bier-1301 Rhomberg Class C Liquor (Catering)
stube
New
Hy-Vee #1 Clubroom 3500 Dodge St. Special Class C Liquor (Sunday)
Hy-Vee #1 Market Cafe 3500 Dodge St. Special Class C Liquor (Sunday)
Sheer Bar and Nightclub 920 Main St. Class C Liquor (Sunday)
st
Passed, approved and adopted this 21 day of October, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the
public hearings as indicated, and direct the City Clerk to publish notice as prescribed by
law. Seconded by Jones. Motion carried 7-0.
Sale of Property - 1787 Washington Street (Row House): City Manager recommend-
ing setting a public hearing for November 4, 2013, on the sale of 1787 Washington
Street to Danika M. Carstens. Upon motion the documents were received and filed and
10
Resolution No. 307-13 Resolution of Intention to dispose of City-owned property, specif-
ically, Lot 1 of Lot 2 of the East 1/2 of Lot 91 in the East Dubuque Addition, in the City of
Dubuque, Iowa, according to the recorded plat thereof - 1787 Washington Street was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November
4, 2013 in the Historic Federal Building.
RESOLUTION NO. 307-13
INTENTION TO DISPOSE OF CITY-OWNED PROPERTY, SPECIFICALLY, Lot 1 OF
LOT 2 OF THE EAST 1/2 OF LOT 91 IN EAST DUBUQUE ADDITION, IN THE CITY
OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF – 1787
WASHINGTON STREET
Whereas, the City of Dubuque, implementing the Washington Neighborhood Revitali-
zation Strategy, has acquired certain properties for the purpose of their rehabilitation
and re-sale to income-qualifying owner-occupants; and
Whereas, the Historic Washington Row Houses were acquired for this purpose; and
Whereas, by accepting an offer to purchase for this property the City’s objective for
providing first-time home ownership to a qualifying buyer can be achieved.
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 of Lot 2 of the East 1/2 of Lot 91; in East Dubuque Addition.
Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the
above-described real property to Danika M. Carstens for the sum of $85,000.
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
November 4, 2013, at 6:30 p.m. at the Federal Building, 350 West 6 Street, Dubuque,
Iowa.
st
Passed, approved and adoptedthis 21 day of October, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions.
Environmental Stewardship Advisory Commission: One 3-year term through October
1, 2014 (vacant term of Splittstoeser). Applicants: Jacob Bergum, 247 West 11th St. #8;
and Gina Makris, 166 Bluff St. Ms. Makris and Mr. Bergum spoke in support of their re-
spective appointments.
Parks and Recreation Advisory Commission: One 3-year term through June 30, 2014
(Vacant term of Harris). Applicants: Robin Kennicker, 904 Lincoln Ave.; and Randy
Neal, 3771 Hillcrest Rd. Ms. Kennicker spoke in support of her appointment.
Safe Community Advisory Committee: One 1-year term through December 31, 2013
(Vacant term of Cheatham). Applicant: Ronald Hammel II, 419 Clark St.
11
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Request to Rezone - 1828 Carter Road: Proof of publication on notice of public hear-
ing to consider a request by Harry Blewett (Dubuque Board of Realtors) to rezone prop-
erty at 1828 Carter Road from OR Office Residential to C-2 Neighborhood Shopping
Center District and the Zoning Advisory Commission recommending approval. Motion
by Connors to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be passed be suspended. Seconded by Jones. Harry Blewett ,
1670 Fox Drive, spoke in favor of the proposed rezoning and addressed questions re-
garding parking. Planning Services Manager Laura Carstens provided a staff report.
Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 49-13
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by Reclassifying hereinafter described property located at 1828 Carter Road from
OR Office Residential to C-2 Neighborhood Shopping Center District. Seconded by
Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 49-13
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 1828 CARTER ROAD FROM OR OFFICE RESIDENTIAL
DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified De-
velopment Code, is hereby amended by reclassifying the hereinafter-described property
from OR Office Residential District to C-2 Neighborhood Shopping Center District, to
wit:
Lot 1-10 Block 3 Mettel-Link Addition, and to the centerline of the adjoining public
right-of-way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zon-
ing Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication, as provided
by law.
st
Passed, approved and adopted this 21 day of October, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12
Request to Rezone - 2612 / 2614 / 2616 University Avenue: Proof of publication on
notice of public hearing to consider a request by Deanne & David Hohmann DBQ
Dance Studio and Gymnastics Club, to rezone property at 2612/2614/2616 University
Avenue from C-1 Neighborhood Commercial and R-1 Single-Family Residential District
to OR Office Residential District and the Zoning Advisory Commission recommending
approval. Motion by Connors to receive and file the documents and that the requirement
that a proposed ordinance be considered and voted on for passage at two Council
meetings prior to the meeting at which it is to be passed be suspended. Seconded by
Jones. Planning Services Manager Laura Carstens provided a staff report. Ms. Car-
stens and Zoning Advisory Commission Chairperson Patrick Norton addressed ques-
tions regarding parking and storm water management. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 50-13
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located at 2612, 2614, and 2616
University from C-1 Neighborhood Commercial District and R-1 Single-Family Residen-
tial District to OR Office Residential District. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 50-13
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 2612, 2614, AND 2616 UNIVERSITY FROM C-1 NEIGH-
BORHOOD COMMERCIAL DISTRICT AND R-1 SINGLE-FAMILY RESIDENTIAL
DISTRICT TO OR OFFICE RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified De-
velopment Code, is hereby amended by reclassifying the hereinafter-described property
from C-1 Neighborhood Commercial District and R-1 Single-Family Residential District
to OR Office Residential District, to wit:
Lot 2-1-1-1-152, Lot 2-1-1-152, Lot 1-2-1-1-1-152, and Lot 2-1-152 Finley Waples
& Burton Addition, and to the centerline of the adjoining public right-of-way, all in
the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zon-
ing Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication, as provided
by law.
st
Passed, approved and adopted this 21 day of October, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Request to Rezone - 4396 Peru Road: Proof of publication on notice of public hear-
ing to consider a request by Nancy Heiar to rezone a portion of property at 4396 Peru
Road from R-1 Single Family Residential to C-2 Neighborhood Shopping Center District
and the Zoning Advisory Commission recommending approval. Motion by Jones to re-
ceive and file the documents and that the requirement that a proposed ordinance be
13
considered and voted on for passage at two Council meetings prior to the meeting at
which it is to be passed be suspended. Seconded by Connors. Planning Services Man-
ager Laura Carstens provided a staff report. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 51-13 Amend-
ing Title 16 of the city of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 4396 Peru Road from R-1 Single-
Family Residential District to C-2 Neighborhood Shopping Center District. Seconded by
Resnick. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 51-13
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 4396 PERU ROAD FROM R-1 SINGLE-FAMILY RESI-
DENTIAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CENTER DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified De-
velopment Code, is hereby amended by reclassifying the hereinafter-described property
from R-1 Single-Family Residential District to C-2 Neighborhood Shopping Center Dis-
trict, to wit:
Lot 2-1-4 and Lot 1-1-2-4 Section 1 T89N, R2E, and to the centerline of the ad-
joining public right-of-way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zon-
ing Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication, as provided
by law.
st
Passed, approved and adopted this 21 day of October, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Convention and Visitors Bureau Quarterly Report: President Keith Rahe provided the
first quarterly report (July-October 2013),for the Dubuque Convention and Visitors Bu-
reau since becoming a 501(c)(3) that included information on the structure of the CVB,
Travel Iowa Impact Study, marketing Co-op Program, sales recap and upcoming sales,
hospitality, and sports and events. Motion by Connors to receive and file the documents
and information. Seconded by Braig. Motion carried 7-0.
TriState Quality Metals, LLC - State of Iowa Business Financial Assistance Applica-
tion: City Manager recommending approval of the submission of a Business Financial
Assistance Application to the Iowa Economic Development Authority on behalf of Tri-
State Quality Metals, LLC. Motion by Braig to receive and file the documents and adopt
14
Resolution No. 308-13 Authorizing the filing of an application for State Business Finan-
cial Assistance on behalf of Tristate Quality Metals, LLC. Seconded by Jones. Motion
carried 7-0.
RESOLUTION NO. 308-13
AUTHORIZING THE FILING OF AN APPLICATION FOR STATE BUSINESS FINAN-
CIAL ASSISTANCE ON BEHALF OF TRISTATE QUALITY METALS, LLC.
Whereas, TriState Quality Metals, LLC has proposed making a $3.78 million invest-
ment as part of a relocation to Dubuque, Iowa from Peosta, Iowa; and
Whereas, the City Council of Dubuque, Iowa has considered said proposal and has
determined that the proposed project will contribute to the local economy in Dubuque
County through the retention of 13 jobs and the creation of 10 jobs; and
Whereas, financial assistance from the Iowa Economic Development Authority is de-
signed to assist in the economic development efforts of local jurisdictions; and
Whereas, the City of Dubuque, Iowa must provide local sponsorship on behalf of Tri-
State Quality Metals, LLC for their Business Financial Assistance Application with the
Iowa Economic Development Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of an application for participation in the Iowa Economic De-
velopment Authority’s Financial Assistance Program on behalf of TriState Quality Met-
als, LLC is hereby approved.
Section 2. That a ten year tax increment financing local match identified in the appli-
cation will be provided, subject to further action by the City Council.
Section 3. That the Mayor is hereby authorized to execute and the City Manager is
hereby directed to submit said application to the Iowa Economic Development Authority
together with such documents as may be required.
st
Passed, approved, and adopted this 21 day of October, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Design Mill, Inc. - Economic Development Assistance Contract: City Manager rec-
ommending approval of an Economic Development Assistance Contract with Design
Mill, Inc., the City of Dubuque, and the Iowa Economic Development Authority. Motion
Braig to receive and file the documents and adopt Resolution No. 309-13 Authorizing
the execution of an Economic Development Assistance contract by Design Mill, Inc., the
City of Dubuque and the Iowa Economic Development Authority. Seconded by Connors.
Motion carried 7-0.
RESOLUTION NO. 309-13
AUTHORIZING THE EXECUTION OF AN ECONOMIC DEVELOPMENT ASSIS-
TANCE CONTRACT BY DESIGN MILL, INC., THE CITY OF DUBUQUE AND THE
IOWA ECONOMIC DEVELOPMENT AUTHORITY
Whereas, Design Mill, Inc. has proposed making a $1.27 million investment as part of
a relocation to Dubuque, Iowa from Elizabeth, Illinois; and
Whereas, the City Council of Dubuque, Iowa has considered said proposal and has
15
determined that the proposed project will contribute to the local economy through the
creation of 16 additional jobs; and
Whereas, financial assistance from the Iowa Economic Development Authority is de-
signed to assist in the economic development efforts of local jurisdictions; and
Whereas, the City of Dubuque, Iowa provided local sponsorship on June 17, 2013 on
behalf of Design Mill, Inc. for their Business Financial Assistance Application with the
Iowa Economic Development Authority; and
Whereas, the Iowa Economic Development Authority has requested execution of an
Economic Development Assistance Contract with in order to finalize incentives and
document associated terms.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor is hereby authorized to execute and the City Manager is
hereby directed to submit the Economic Development Assistance Contract to the Iowa
Economic Development Authority together with such documents as may be required.
st
Passed, approved, and adopted this 21 day of October, 2013.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
National League of Cities Voting Delegates: Correspondence from the National
League of Cities requesting that the City designate a voting delegate and alternate vot-
ing delegate for the upcoming National League of Cities Annual Business meeting on
November 16, 2013. Motion by Connors to receive and file the documents and appoint
Mayor Buol as the voting delegate. Seconded by Resnick. Motion carried 7-0.
Sustainable Dubuque - Request for Work Session: City Manager recommending that
the City Council schedule a Sustainable Dubuque quarterly work session for Monday,
December 2, at 5:00 p.m. Motion by Lynch to receive and file the documents and set
the work session as recommended. Seconded by Connors. Motion carried 7-0.
COUNCIL MEMBER REPORTS
rd
Council Member Connors reported on her pleasure with the recent 3 Annual All the
Way Home event and parade encouraging citizens to attend next year’s event.
Mayor Buol reported on his attendance at the Mississippi River Cities and Towns
Summit recently held in Memphis, that addressed the river’s infrastructure, investment
specifics, the economy of the river, and container barges.
There being no further business, upon motion the City Council adjourned at 7:41 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
16