3 16 15 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on March 16, 2015 in the His-
toric Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; 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)
1. National Arts Advocacy Day (March 23, 2015) was accepted by the Mayor.
2. Junior Achievement Day (April 2, 2015) was accepted by Stephanie Ludovissy, JA to the
Heartland Development Director for the Tri-State Area, 900 Jackson Street, LL5-2F, Dubuque
3. Autism Awareness Month (April 2015) was accepted by Marilyn Althoff, Executive Director
of Hills & Dales, 759 Bluff St.; Patrick Rellihan; Michelle Rellihan; 2538 Marywood Dr.; and Ally-
son Beytien, 1091 Valentine Dr.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Connors. Motion carried 7-0.
1. Minutes and Reports Submitted: Cable TV Commission of 3/6; Civil Service Commission of
3/6; Human Rights Commission of 2/9; Zoning Advisory Commission of 3/4; Zoning Board of
Adjustments of 2/6; City Council Proceedings of 2/10, 2/16, 2/23. Upon motion the documents
were received and filed.
2. Notice of Claims and Suits: Dale Bries for property damage; Harry Gassman for property
damage; Joel Laaker for property damage. Upon motion the documents were received, filed and
referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been referred
to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool:
Dale Bries for property damage; Harry Gassman for vehicle damage; Joel Laaker for property
damage; Barbara Soley for property damage. Upon motion the documents were received, filed
and concurred.
4. EPA Education Grant - Air Quality: Sustainable Community Coordinator Cori Burbach is
transmitting information on the University of Iowa's application for the EPA Environmental Edu-
cation program. Upon motion the documents were received and filed.
5. Civil Service Commission: Civil Service Commission submitting the certified list for the po-
sition of Parking System Technician. Upon motion the documents were received and filed.
March 6, 2015
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Park-
ing System Technician was administered on February 17, 2015. We hereby certify that the indi-
viduals listed below have passed this written examination and the vacancy for this position
should be filled from this list and that this list is good for two (2) years from above date.
Parking System Technician
Kevin Kratz
Jeff West
Amy Wagner
James Herbst
Michael Brimeyer
Brad Nesteby
Troy Steines
Tim Neuhaus
Richard Asbell
Dale Richardson
Denny Arensdorf
Jacob Trierweiler
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
6. Public, Educational, and Government (PEG) Capital Expenditure Request: City Manager
recommending approval of the Cable TV Commission recommendation for funding from the
(PEG) Capital Grant for Access Equipment and Facilities in the amount of $16,400 for Loras
College for a slow-motion replay system and portable video recorder. Upon motion the docu-
ments were received, filed and approved.
7. City Council 2014 Official Proceedings: City Clerk submitting the Official City Council Pro-
ceedings for 2014. Upon motion the documents were received, filed and approved.
8. Green Industrial Supply, Inc. - Amending State Contract: City Manager recommending ap-
proval of an amendment to a contract with the Iowa Economic Development Authority for Iowa
Values Funds Financial Assistance benefits on behalf of Green Industrial Supply, Inc. Upon mo-
tion the documents were received and filed and Resolution No. 78-15 Approving an Amendment
to the Economic Development Financial Assistance Contract by and among Green Industrial
Supply, Inc., the City of Dubuque, and the Iowa Department of Economic Development was
adopted.
RESOLUTION NO. 78-15
APPROVING AN AMENDMENT TO THE ECONOMIC DEVELOPMENT FINANCIAL ASSIS-
TANCE CONTRACT BY AND AMONG GREEN INDUSTRIAL SUPPLY, INC., THE CITY OF
DUBUQUE, AND THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT
Whereas, Green Industrial Supply, Inc. (Green Industrial) and the City of Dubuque (City) en-
tered into an Economic Development Financial Assistance Contract (the Contract) with the Iowa
Economic Development Authority (IEDA) for the expansion of Green Industrial's operations in
Dubuque, Iowa; and
Whereas, Green Industrial has requested an extension of the Project Completion Date in the
Contract from August 31, 2014 to August 31, 2015 and
Whereas, the IEDA Board approved an extension of the Project Completion Date to August
31, 2015; and
Whereas, the parties now desire to amend the Contract as set forth in the attached Contract
Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The Contract Amendment is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute and the City Manager is
hereby directed to submit the Contract Amendment to the Iowa Economic Development Authori-
ty together with such other documents as may be required.
Passed, approved, and adopted this 16th day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
9. Collective Bargaining Agreement Dubuque Professional Firefighters: City Manager rec-
ommending approval of a two year Collective Bargaining Agreement with the Dubuque Profes-
sional Firefighters Association, Local #353. Upon motion the documents were received and filed
and Resolution No. 79-15 Approving the agreement between the City of Dubuque, Iowa, and
Dubuque Professional Firefighters Association, Local #353 and Authorizing the Mayor to sign
the agreement was adopted.
RESOLUTION NO. 79- 15
APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND DUBU-
QUE PROFESSIONAL FIREFIGHTERS ASSOCIATION, LOCAL #353 AND AUTHORIZING
THE MAYOR TO SIGN THE AGREEMENT
Whereas, the Sixty -Fifth General Assembly adopted the Public Employment Relations Act,
Chapter 20, Code of Iowa; and
Whereas, the City of Dubuque is public employer within the meaning of Section 3 (1) of the
Public Employment Relations Act; and
Whereas, the Dubuque Professional Firefighters Association, Local #353, is an employee or-
ganization within the meaning of Section 3 (4) of the Public Employment Relations Act; and
Whereas, the Dubuque Professional Firefighters Association, Local #353, submitted a re-
quest to bargain collectively on behalf of the employees within its representation; and
Whereas, bargaining between the parties has occurred and an agreement has been conclud-
ed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the terms of the agreement be approved and the Mayor authorized to sign the
collective bargaining agreement.
Passed, approved and adopted this 16th day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
10. Environmental Sanitarian Position: City Manager recommending approval to eliminate the
position of Environmental Sanitarian Assistant and create an additional Environmental Sanitari-
an position, which will be compensated at GE -32. Upon motion the documents were received,
filed and approved.
11. Sanitary and Storm Sewer Easement from Nemmers Cedar Ridge Farm Acceptance: City
Manager recommending acceptance of a sanitary and storm sewer easement from Nemmers
Cedar Ridge Farm Limited Partnership for proposed public sanitary and storm sewers across
part of Lot 2 and Lot 4 in Cedar Ridge Farm Place No. 7 in the City of Dubuque. Upon motion
the documents were received and filed and Resolution No. 80-15 Accepting A Grant of Ease-
ment for sanitary and storm sewer through, over and across part of Lot 2 and Lot 4 in Cedar
Ridge Farm Place No. 7, in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 80-15
ACCEPTING A GRANT OF EASEMENT FOR SANITARY AND STORM SEWER THROUGH,
OVER AND ACROSS PART OF LOT 2 AND LOT 4 IN CEDAR RIDGE FARM PLACE NO. 7,
IN THE CITY OF DUBUQUE, IOWA
Whereas, Nemmers Cedar Ridge Farm Limited Partnership and the City of Dubuque wish to
set forth terms for the construction, maintenance, and replacement of proposed public sanitary
and storm sewer utilities located in Part of Lot 2 and Lot 4 in Cedar Ridge Farm Place No. 7, in
the City of Dubuque, Dubuque County, Iowa; and
Whereas, Nemmers Cedar Ridge Farm Limited Partnership have executed an Easement for
Sanitary and Storm Sewer through, over and across Part of Lot 2 and Lot 4 in Cedar Ridge
Farm Place No. 7, in the City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and
consents to the Grant of Easement for Sanitary and Storm Sewer through, over and across Part
of Lot 2 and Lot 4 in Cedar Ridge Farm Place No. 7, in the City of Dubuque, in the City of Dubu-
que, Dubuque County, Iowa from Nemmers Cedar Ridge Farm Limited Partnership, a copy of
which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on be-
half of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 16th day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
12. Southwest Arterial Project - English Mill Reconstruction Black Hills Energy Gas Pipeline
Relocation Reimbursement Agreement: City Manager recommending approval and authoriza-
tion for the Mayor to execute a Utility Relocation Reimbursement Agreement with Black Hills
Energy Corporation for the relocation of the high pressure natural gas main impacted by the
English Mill Road Reconstruction Project, as part of the Southwest Arterial Project. Upon motion
the documents were received and filed and Resolution No. 81-15 Approving a Utility Relocation
Reimbursement Agreement with Black Hills Energy Corporation for the relocation of the Peosta
Feed High Pressure Natural Gas Main associated with the English Mill Road Reconstruction
Project and the continued development and advancement of the southwest arterial project was
adopted.
RESOLUTION NO. 81-15
APPROVING A UTILITY RELOCATION REIMBURSEMENT AGREEMENT WITH BLACK
HILLS ENERGY CORPORATION FOR THE RELOCATION OF THE PEOSTA FEED HIGH
PRESSURE NATURAL GAS MAIN ASSOCIATED WITH THE ENGLISH MILL ROAD RE-
CONSTRUCTION PROJECT AND THE CONTINUED DEVELOPMENT AND ADVANCEMENT
OF THE SOUTHWEST ARTERIAL PROJECT
Whereas, the City is proceeding with the proposed English Mill Road Reconstruction Project
(hereafter Project) in accordance with its plans and specifications, which the City has designed
as part of the Southwest Arterial Project; and
Whereas, prior to the City commencing work on the Project, the City needs to have an exist-
ing in-service 8" and 16" high pressure natural gas pipeline relocated; and
Whereas, the 8" and 16" high pressure Peosta feed natural gas main is owned and operated
by the Black Hills Energy (hereafter BHE) and located on its own easements upon privately
owned land affected by the Project shall be relocated in accordance with a Utility Relocation Re-
imbursement Agreement (hereafter Agreement); and
Whereas, it has been determined that the utility relocation to be completed by BHE is eligible
for federal -aid participation and that all associated activity costs (e.g., materials, labor, equip-
ment, and overhead, etc.) are eligible; and
Whereas, BHE shall initially pay all costs to relocate and adjust its facilities as covered by the
Agreement; and
Whereas, upon reasonable satisfactory completion the City will pay BHE for said eligible re-
imbursement costs as covered by the Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA, THAT:
Section 1. That said Agreement between the City of Dubuque and Black Hills Energy Corpo-
ration is hereby approved.
Section 2. That the Mayor be authorized and directed to execute three copies of said Agree-
ment between the City of Dubuque and Black Hills Energy Corporation for the relocation of the
Peosta feed high pressure natural gas main associated with the Project and the continued de-
velopment and advancement of the Southwest Arterial Project.
Passed, approved and adopted this 16th day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish Gleason, Assistant City Clerk
13. 346-348 W Locust - 1st Amendment to the Development Agreement: City Manager rec-
ommending approval of the 1st Amendment to Development Agreement that extends the com-
pletion date to December 31, 2015. Upon motion the documents were received and filed and
Resolution No. 82-15 Approving the First Amendment to the Development Agreement between
the City of Dubuque, Iowa and Weaver Castle, LLC. was adopted.
RESOLUTION NO. 82-15
APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA AND WEAVER CASTLE, LLC
Whereas the City of Dubuque, Iowa (City) and Weaver Castle, LLC (Developer) entered into
a Development Agreement dated for reference purposes the 21 st day of August, 2013 for the
redevelopment of the property at 346-348 West Locust Street; and
Whereas City and Developer now desire to amend the Development Agreement as set forth
in the First Amendment to Development Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The City Council hereby approves the First Amendment to Development Agree-
ment.
Section 2. The Mayor is authorized and directed to sign the First Amendment to Development
Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 16th day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
14. 324-326 W Locust - 1st Amendment to Development Agreement: City Manager recom-
mending approval of the 1st Amendment to Development Agreement that extends the comple-
tion date to June 30, 2015. Upon motion the documents were received and filed and Resolution
No. 83-15 Approving the First Amendment to the Development Agreement between the City of
Dubuque, Iowa and Weaver Castle, LLC. was adopted.
RESOLUTION NO. 83-15
APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA AND WEAVER CASTLE, LLC
Whereas the City of Dubuque, Iowa (City) and Weaver Castle, LLC (Developer) entered into
a Development Agreement dated for reference purposes the 1st day of April, 2013; and
Whereas City and Developer now desire to amend the Development Agreement as set forth
in the First Amendment to Development Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The City Council hereby approves the First Amendment to Development Agree-
ment.
Section 2. The Mayor is authorized and directed to sign the First Amendment to Development
Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 16th day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
15. Pre -Annexation Agreement - Joseph M. And Deborah L. Vize: City Manager recommend-
ing approval of a Pre -Annexation Agreement with Joseph M. and Deborah L. Vize, property
owners, in conjunction with a request for approval of the Final Plat of Vize Place in Dubuque
County. Upon motion the documents were received and filed and Resolution No. 84-15 Approv-
ing a Pre -Annexation Agreement between the City of Dubuque, Iowa and Joseph M. and Debo-
rah L. Vize was adopted.
RESOLUTION NO. 84-15
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND JOSEPH M. AND DEBORAH L. VIZE
Whereas, Joseph M. and Deborah L. Vize, the owners of the following described property in
Dubuque County, Iowa (the Property) have submitted to the City Council of the City of Dubuque
an application for voluntary annexation of the Property to the City of Dubuque:
Lot 2 of 1 of 1 of 3 and Lot 1 of 1 of 1 of 3, both of the subdivision of the Southeast 1/4 and
the East % - Southwest 1/4 of Section 36, T89N, R1 E of the 5th P.M., Dubuque County, Io-
wa; and
Whereas, Joseph M. and Deborah L. Vize have entered into a Pre -annexation Agreement
with the City of Dubuque a copy of which is attached hereto governing the future annexation of
the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and Whereas, the
Property does not include any state or railroad property; and Whereas, Iowa Code Section
368.7 authorizes the voluntary annexation of property in Dubuque County, Iowa and the exten-
sion of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future orderly growth and development of the City of Dubu-
que, and will promote efficient and cost effective extension of municipal services; and
Whereas, the City Council finds that the annexation of the Property is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Joseph M. and Deborah L. Vize
and the City of Dubuque is hereby approved.
Passed, approved and adopted this 16th day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
16. Final Plat for Vize Place: Zoning Advisory Commission recommending approval of the Fi-
nal Plat for Vize Place subject to waiving the lot frontage requirement for lot 4. Upon motion the
documents were received and filed and Resolution No. 85-15 Approving the Final Plat of Vize
Place in Dubuque County, Iowa was adopted.
RESOLUTION NO. 85-15
APPROVING THE FINAL PLAT OF VIZE PLACE IN DUBUQUE COUNTY, IOWA.
Whereas, there has been filed with the City Clerk the Final Plat of Vize Place in Dubuque
County, Iowa; and
Whereas, said Final Plat provides 30 feet of lot frontage for Lot 4, where 50 feet 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 con-
forms to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That Section 11-14 of Title 16 of the Code of Ordinances, Unified Development
Code, is waived to allow 30 feet of lot frontage for Lot 4.
Section 2. That the Final Plat of Vize Place is hereby approved and the Mayor and City
Council are hereby authorized and directed to endorse the approval of the City of Dubuque, Io-
wa upon said Final Plat.
Passed, approved and adopted this 16th day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
17. Fiscal Year 15 Cured -in -Place -Pipe (CIPP) Lining Project Acceptance: City Manager rec-
ommending acceptance of the construction contract for the FY15 Sanitary Sewer Cured -in -
Place -Pipe (CIPP) Lining Project, as completed by Visu-Sewer Clean & Seal. Upon motion the
documents were received and filed and Resolution No. 86-15 Accepting the FY15 Sanitary Sewer
Cured -In -Place Pipe Lining Project and authorizing the payment to the contractor was adopted.
RESOLUTION NO. 86-15
ACCEPTING THE FY15 SANITARY SEWER CURED -IN-PLACE PIPE LINING PROJECT
AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the FY15 Sanitary Sewer Cured- in -Place Pipe
Lining Project (the Project) has been completed has been completed by the Contractor, Visu
Sewer Clean and Seal (Contractor), the City Engineer has examined the work and recommends
that the Project be accepted; and
Whereas, the final contract amount for the Project is $277,727.20; and
Whereas, the Contractor has previously been paid $263,840.84, leaving a balance of
$13,886.36; and
Whereas, the City Council finds that the recommendation of the City Engineer should be ac-
cepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is hereby
accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance of the
retainage of $13,886.36 as provided in Iowa Code chapter 573, and to pay such retainage in
accordance with the provisions of Iowa Code chapter 573 or Iowa Code chapter 26.13.
Passed, approved and adopted this 16th day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
18. Snow Removal Assessment - 1495 Glen Oak Street 2014-2015: City Manager recom-
mending approval of the Final Assessment for one property at 1495 Glen Oak Street for the
2014-2015 Snow Removal from City Right -of -Way Program. Upon motion the documents were
received and filed and Resolution No. 87-15 Adopting the Final Assessment Schedule for the
2014-2015 Snow Removal Assessment — Right -Of -Way Obstruction Removal Assessment Pro-
ject for 1495 Glen Oak Street was adopted.
RESOLUTION NO. 87-15
ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE 2014-2015 SNOW REMOVAL
ASSESSMENT — RIGHT-OF-WAY OBSTRUCTION REMOVAL ASSESSMENT PROJECT
FOR 1495 GLEN OAK STREET
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
After full consideration, the Final Schedule of Assessments as shown on the attached
sheet(s), Page 1 to Page 2 inclusive; is hereby approved for the Snow Removal Assessment —
Right -of -Way Obstruction Removal Assessment Project.
There is hereby assessed and levied as a special tax against and upon each of the benefited
properties, the respective sums indicated. The amounts shown in said Final Schedule of As-
sessments as deficiencies are found to be proper and levied conditionally against the respective
properties benefited by the improvements as shown in the Final Schedule of Assessments, sub-
ject to the provisions of Iowa Code § 384.63. Said assessments against said lots are hereby de-
clared to be in proportion to the special benefits conferred and not in excess of twenty-five per-
cent of the value of same.
The City Clerk be and is hereby directed to certify the Final Schedule of Assessments 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 publica-
tion of which shall be not more than fifteen days from the date of filing of the Final Schedule of
Assessments. 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 in Iowa Code § 384.60.
The assessments may be paid in full or in part without interest at the office of the City Treas-
urer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the
first notice of the Final Schedule of Assessments. Thereafter, unpaid assessments of $500.00 or
more are payable in 15 annual installments at the County Treasurer's Office, Dubuque County
Courthouse, 720 Central Avenue, Dubuque, Iowa, and will draw annual interest at three percent
(3%) computed to December 1 next following the due dates of the respective installments as
provided in Section 384.65 of the Code of Iowa. Each installment will be delinquent from Octo-
ber 1 following its due date on July 1 of each year. However, when the last day of September is
a Saturday or Sunday, that amount shall be delinquent from the second business day of Octo-
ber. Delinquent installments will draw the same delinquent interest as ordinary taxes. Property
owners may elect to pay any annual installments semi-annually in advance.
Passed, approved and adopted this 16th day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
19. 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. 88-15 Approving applications for beer, liquor, and/or wine permits, as required
by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2
Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted.
RESOLUTION NO. 88-15
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED 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
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and
filed with the City Council for approval and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the Ordinances of the City and the applicants have filed the proper fees and bonds
and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required docu-
mentation:
Renewals
Chopper's
Eagles Club
Exxtreme Pub
Hartig Drug Company#8
Mindframe Theaters
Mystique Casino
Salsa's Mexican Rest.
New
Eronel
601 Rhomberg Ave.
1175 Century Dr.
1701 Central Ave.
1600 University Ave.
555 J.F. Kennedy Rd. #105
1855 Greyhound Park Dr.
1091 Main St.
285 Main St
Class C Liquor (Outdoor) (Sunday)
Class C Liquor (Outdoor) (Sunday)
Class C Liquor (Sunday)
Class E Liquor, Class B Wine, Class
C Beer (Sunday)
Class C Liquor (Sunday)
Class C Liquor, Class B Wine (Cater-
ing) (Outdoor) (Sunday)
Class C Liquor (Sunday)
Class C Liquor (Sunday)
Passed, approved and adopted this 16th day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hear-
ings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by
Braig. Motion carried 7-0.
1. 253 Main St. - Development Agreement: City Manager recommending City Council set a
public hearing for April 6, 2015, on the Development Agreement with Ken Oberbroeckling to re-
develop property at 253 Main Street. Upon motion the documents were received and filed and
Resolution No. 89-15 Fixing the date for a Public Hearing of the City Council of the City of
Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue Obliga-
tions and the Execution of a Development Agreement relating thereto with Ken Oberbroeckling,
and providing for the publication of notice thereof was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on April 6, 2015 in the Historic Federal Building.
RESOLUTION NO. 89-15
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCRE-
MENT REVENUE OBLIGATIONS AND THE EXECUTION OF A DEVELOPMENT AGREE-
MENT RELATING THERETO WITH KEN OBERBROECKLING, AND PROVIDING FOR THE
PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque (City) and Ken Oberbroeckling (Oberbroeckling) intend to en-
ter into a Development Agreement, subject to the approval of the City Council, a copy of which
is now on file at the Office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa;
and
Whereas, the City Council has tentatively determined that it would be in the best interests of
City to approve the Development Agreement with Oberbroeckling; and
Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal
Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to
enter into the Development Agreement relating thereto for the purpose of carrying out the reha-
bilitation of property located at 253 Main Street as hereinafter described; and
Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa re-
quires that the City Clerk publish a notice of the proposal and of the time and place of the meet-
ing at which the City Council proposes to take action thereon and at which meeting the City
Council shall receive oral and/or written objections from any resident or property owner of said
City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause this Resolution and a
notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the
City's intent to authorize Urban Renewal Tax Increment Revenue obligations, to be held on the
6th day of April, 2015, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal
Building, 350 W. 6th St., Dubuque, Iowa.
Section 2. The City Council will meet at said time and place for the purpose of taking action
on the matter of authorizing Urban Renewal Tax Increment Revenue obligations and the execu-
tion of the Development Agreement relating thereto with Oberbroeckling, the proceeds of which
obligations will be used to carry out certain of the special financing activities described in the
Greater Downtown Urban Renewal District, consisting of the funding of economic developments
grants to Ken Oberbroeckling pursuant to the Development Agreement under the terms and
conditions of said Urban Renewal Area Plan. It is expected that the aggregate amount of the
Tax Increment Revenue obligations is approximately $115,000.00.
Section 3. The Clerk is hereby directed to cause at least one publication to be made of a no-
tice of said meeting, in a newspaper, printed wholly in the English language, published at least
once weekly, and having general circulation in said City, said publication to be not less than four
days nor more than twenty days before the date of said meeting on the issuance of said obliga-
tions.
Section 4. That the notice of the proposed action to issue said obligations shall be in substan-
tially the form attached hereto.
Passed, approved and adopted this 16th day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
2. 1576 Locust - Development Agreement: City Manager recommending the City Council set
a public hearing for April 6, 2015, on the Development Agreement with Weaver Castle LLC for
redevelopment of 1576 Locust Street. Upon motion the documents were received and filed and
Resolution No. 90-15 Fixing the date for a Public Hearing of the City Council of the City of
Dubuque, Iowa on the execution of a Development Agreement relating thereto with Weaver
Castle, LLC and providing for the publication of notice thereof was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on April 6, 2015 in the Historic Federal Build-
ing.
RESOLUTION NO. 90-15
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA ON THE EXECUTION OF A DEVELOPMENT AGREEMENT RELATING
THERETO WITH WEAVER CASTLE, LLC AND PROVIDING FOR THE PUBLICATION OF
NOTICE THEREOF
Whereas, the City of Dubuque (City) and Weaver Castle, LLC (Developer) intend to enter into
a Development Agreement, subject to the approval of the City Council, a copy of which is now
on file at the Office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa; and
Whereas, the City Council has tentatively determined that it would be in the best interests of
City to approve the Development Agreement with Developer; and
Whereas, it is deemed necessary and advisable that City should enter into the Development
Agreement relating thereto for the purpose of carrying out the rehabilitation of property located
at 1576 Locust Street as hereinafter described; and
Whereas, before said agreement may be approved, Chapter 403 of the Code of Iowa re-
quires that the City Clerk publish a notice of the proposal and of the time and place of the meet-
ing at which the City Council proposes to take action thereon and at which meeting the City
Council shall receive oral and/or written objections from any resident or property owner of said
City to such proposed action.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause this Resolution and a
notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the
City's intent to authorize Urban Renewal Tax Increment Revenue obligations, to be held on the
6th day of April, 2015, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal
Building, 350 W. 6th St., Dubuque, Iowa.
Section 2. The City Council will meet at said time and place for the purpose of taking action
on the matter of authorizing the execution of the Development Agreement relating thereto with
Developer, consisting of the funding of economic developments grants to Developer pursuant to
the Development Agreement.
Section 3. The Clerk is hereby directed to cause at least one publication to be made of a no-
tice of said meeting, in a newspaper, printed wholly in the English language, published at least
once weekly, and having general circulation in said City, said publication to be not less than four
days nor more than twenty days before the date of said meeting on the issuance of said obliga-
tions.
Section 4. That the notice of the proposed action shall be in substantially the form attached
hereto.
Passed, approved and adopted this 16th day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
3. Fiscal Year 2015 Second Budget Amendment: City Manager recommending the second
Fiscal Year 2015 Budget Amendment be set for public hearing for April 6, 2015. Upon motion
the documents were received and filed and Resolution No. 91-15 Setting the date for the public
hearing on Amendment No. 2 to Fiscal Year 2015 budget for the City of Dubuque was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on April 6, 2015 in the Historic
Federal Building.
RESOLUTION NO. 91-15
SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 2 TO THE FISCAL
YEAR 2015 BUDGET FOR THE CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and place
for a public hearing on amendments to the budget and publish notice before the hearing as pro-
vided in Iowa Code Section 362.3.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on proposed Amendment No.2
to the Fiscal Year 2015 budget for the City of Dubuque at the City Council Chambers at the His-
toric Federal Building, 350 West 6th Street, Dubuque, Iowa, on Monday, April 6, 2015, beginning
at 6:30 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of
the public hearing, according to law, together with the required budget information.
Passed, approved and adopted this 16th day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
4. Vacate Access, Utility and Storm Water Drainage Easement Lot C Reche's Subdivision -
University of Dubuque Physician's Assistant Building Addition: City Manager recommending that
a public hearing be set for April 6, 2015, on the disposal of the City's interest in the subject
property. Upon motion the documents were received and filed and Resolution No. 92-15 Reso-
lution of Intent to Vacate and Dispose of City Interest in an access, utility, and storm water
drainage easement over and across Lot C of Reche's Subdivision in the City of Dubuque,
Dubuque County, Iowa was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on April 6, 2015 in the Historic Federal Building.
RESOLUTION NO. 92-15
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN AN ACCESS,
UTILITY, AND STORM WATER DRAINAGE EASEMENT OVER AND ACROSS LOT C OF
RECHE'S SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, the University of Dubuque is the current owner of Lot C of Reche's Subdivision in
the City of Dubuque, Dubuque County, Iowa; and
Whereas, an access, utility, and storm water drainage easement was reserved over Lot C of
Reche's Subdivision according to City of Dubuque Resolution Number 346-90 recorded as file
number 8090-90 in the office of the Dubuque County Recorder; and
Whereas, the University of Dubuque is planning an addition to the existing Physician's Assis-
tant building and where said addition lies over said access, utility, and storm water drainage
easement; and
Whereas, the University of Dubuque has petitioned to vacate the access, utility, and storm
water drainage easement across said Lot C of Reche's Subdivision in order to facilitate the con-
struction of the Physician's Assistant building.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That the City of Dubuque, intends to vacate and dispose of its interest in the ac-
cess, utility, and storm water drainage easement across said Lot C of Reche's Subdivision in the
City of Dubuque, Dubuque County, Iowa, as shown on the attached Exhibit.
Section 2. That the vacating and disposal of interest in said easement is contingent upon the
following conditions:
1. All of the construction, reconstruction, repair and maintenance of any existing sanitary
sewer main and appurtenances between Algona Street and Auburn Street shall become the re-
sponsibility of the University of Dubuque on the date of the resolution approving the release of
said easement over Lot C of Reche's Subdivision.
2. Once ownership and responsibility of the sanitary sewer is transferred, the University of
Dubuque shall provide regular maintenance as appropriate for a sanitary sewer main on the ex-
isting sanitary sewer between Algona and Auburn Street.
Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of
intent to dispose of said interest to be published in the manner as prescribed by law.
Passed, approved and adopted this 16th day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L Gleason, Assistant City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their application to the following
boards/commissions:
1. Environmental Stewardship Advisory Commission: One, 3 Year term through October 1,
2017 (Vacant term of Splittstoeser) Applicants: Jalee Lynn Frommelt, 2540 Anamosa Dr. Jalee
Lynn Frommelt spoke in favor of her appointment.
2. Housing Code Appeals Board: One, 3 Year term through January 11 1, 2016 (Vacant term
of Kinsella) Applicant: Ronald White, 3197 Highland Park Dr.
Appointments to the following commission to be made at this meeting:
1. Library Board of Trustees: One, 4 Year term through July 1, 2016 (Vacant term of Ander-
son -Bricker) Applicants: Angela Allred, 1465 Parkway St. (Additional Applicant) Tom Hamilton,
982 Center PI., Pat Maddux, 1685 Fox Dr., Christina Monk, 2005 N. Main St. Mayor Buol ap-
pointed Angela Allred to the Library Board of Trustees for a 4 -year term through July 1, 2016.
2. Mechanical Code Board: Two, 3 year terms through March 16, 2018 (Expiring terms of
Grothe and Valaskey) Applicants: David Grothe, 2544 Elm (additional Applicant), Corey Valas-
key, 1385 Alta Vista. Motion by Braig to reappoint David Grothe and Corey Valaskey to 3 year
terms through March 16, 2018. Seconded by Resnick. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City Council
on the following items.
1. Request to Rezone - 1550 Clarke Drive: Proof of publication on notice of public hearing to
consider a request by Clarke University/Daisy Halorson to rezone property at 1550 Clarke Drive
to amend the Institutional District to allow new outdoor lighting and expansion of outdoor athletic
facilities and the Zoning Advisory Commission recommending approval, with conditions that a
direct sidewalk connection be extended from the 179 -space parking lot to both athletic fields.
Motion by Jones to receive and file the documents and that the requirement that a proposed or-
dinance be considered and voted on for passage at two Council meetings prior to the meeting at
which it is to be passed be suspended. Seconded by Connors. Planning Services Manager
Laura Carstens provided a staff report. Patrick Norton Zoning Board of Adjustment Chair re-
sponded to questions. Charles Kintzinger, 2212 Aspen Dr. spoke regarding concerns such as
lighting, noise and installation process. Motion carried 6-0 with Resnick abstaining.
Motion by Jones for final consideration and passage of Ordinance No. 21-15 Amending Title
16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the
approval of an Amended Campus Development Plan for the Clarke University ID Institutional
District to allow expansion of recreation fields an installation of new lights north of the Student
Activity Center. Seconded by Braig. Motion carried 6-0 with Resnick abstaining.
ORDINANCE NO. 21-15
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DE-
VELOPMENT CODE, BY PROVIDING FOR THE APPROVAL OF AN AMENDED CAMPUS
DEVELOPMENT PLAN FOR THE CLARKE UNIVERSITY ID INSTITUTIONAL DISTRICT TO
ALLOW EXPANSION OF RECREATION FIELDS AN INSTALLATION OF NEW LIGHTS
NORTH OF THE STUDENT ACTIVITY CENTER
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, be amended by providing for the approval of an amended campus development plan for
Clarke University ID Institutional District, a copy of which is on file with the City of Dubuque
Planning Services Department.
Section 2. Institutional District Regulations.
A. Use Regulations: The following regulations shall apply to all uses made of land in the
above-described ID Institutional District:
1. Principal permitted uses shall be limited to:
a. Offices for administrative personnel or other institutional employees and affiliates.
b. Churches, libraries, and museums.
c. Classrooms, laboratories, lecture halls, and similar places of institutional assembly.
d. Off —street parking and loading.
e. Recreational or athletic facilities for the primary use and benefit of institutional residents
or affiliates.
f. Single-family, two-family or multi -family dwelling for the housing of institutional residents
or affiliates.
2. Accessory Use. The following uses shall be permitted as accessory use in the above-
described ID institutional District.
a. Located entirely within a principal building, bookstores, or bars seating not more than
seventy-five (75) persons at one time and located not closer than two hundred feet (200')
from the nearest Residential or Office Residential District.
b. All uses customarily incidental to the principal permitted uses in conjunction with which
such accessory uses operated or maintained, but not to include commercial use outside the
principal building.
3. No conditional uses shall be allowed.
B. Lot and Bulk Regulations: Development of land in the ID Institutional District shall be
regulated as follows:
The proposed recreation field expansion, including new lights, shall be constructed in sub-
stantial compliance with the attached amended Campus Development Plan.
C. Performance Standards: The development and maintenance of uses in this ID Institu-
tional District shall be established in conformance with Section 5-22 of the Unified Develop-
ment Code and the following standards:
1. That a paved pedestrian pathway shall be constructed to connect the large parking
lot at the northwest corner of Clarke Drive and Clarke Crest Estates with both the new half
practice field and the existing athletic field adjacent to the Student Activity Center.
2. The storm water control shall be designed and built in accordance with city regula-
tions subject to review and approval by the City of Dubuque Engineering Department.
3. That appropriate erosion and sediment control will be installed prior to commence-
ment of any land disturbing activity related to the subject project, including all required
state and city permits related to erosion control.
4. Landscaping shall be provided in compliance with Article 13 of the Unified Develop-
ment Code.
5. All utilities, including telephone and cable television, shall be installed underground.
6. Final site plans shall be submitted in accordance with Articles 12 and 13 of the Uni-
fied Development Code.
D. Parking Requirements: The off-street parking requirements for the principal permitted
uses for the herein described ID Institutional District shall be regulated as follows.
1. The number, size and layout of off-street parking shall be in substantial compliance
with the amended campus plan.
2. The design of the parking lot shall comply with Article 13 of the Unified Development
Code.
3. Any significant expansion or reduction in the number of off-street parking spaces
must be reviewed by Planning Services staff for compliance with the adopted Institutional
District regulations.
E. Sign Regulations: The sign regulations shall be the same as that which are allowed in
the ID Institutional District as established in Article 15 of the Unified Development Code.
F. Additional Standards: That all previously approved campus development plans are
hereby amended to allow for the attached campus development plan.
G. Transfer of Ownership: Transfer of ownership of property in this ID Institutional District
requires rezoning of the property to an appropriate zoning district.
H. Modifications: Any modifications of this Ordinance must be approved by the City Coun-
cil in accordance with zoning reclassification proceedings of Article 9 of the Unified Develop-
ment Code.
Section 3. The foregoing amendment has heretofore been reviewed by the Zoning Advisory
Commission of the City of Dubuque, Iowa.
Section 4. The foregoing amendment shall take effect upon publication, as provided by law.
Passed, approved and adopted this 16th day of March, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald newspaper on the 20th day of March, 2015.
/s/Trish L. Gleason, Assistant City Clerk
2. Request to Rezone - 2750 Balboa Drive: Proof of publication on notice of public hearing to
consider a request by Mary's Inn to rezone the property at 2750 Balboa Drive to rezone property
from R-1 Single -Family Residential district to R-3 Moderate Density Multi -Family Residential dis-
trict and the Zoning Advisory Commission recommending approval, with the condition that the
list of permitted uses be limited to a single-family home. Motion by Lynch 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. Planning Services Manager Laura Carstens provided a staff report. At-
torney John Freund, 1005 Main St representing Mary's Inn presented information regarding the
rezoning request. Citizens; Mike Irvin 2760 Balboa Dr., Lisa Tilp 2735 Balboa Dr., George
Portzen 2753 Balboa Dr. spoke against the rezoning request. Allen Troupe 2003 Key Way Apt.
2, Tim Rahf, 2750 Balboa Dr., and Harry Blewett Ruhl & Ruhl Realtor spoke in favor of the re-
zoning request. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 22-15 Amending Title
16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying
hereinafter described property located at 2750 Balboa Drive from R-1 Single -Family Residential
District to R-3 Moderate Density Multi -Family Residential District with conditions as established
in the attached Memorandum of Agreement. Seconded by Braig. Motion carried 7-0.
ORDINANCE NO. 22 -15
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DE-
VELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LO-
CATED AT 2750 BALBOA DRIVE FROM R-1 SINGLE- FAMILY RESIDENTIAL DISTRICT TO
R-3 MODERATE DENSITY MULTI -FAMILY RESIDENTIAL DISTRICT WITH CONDITIONS AS
ESTABLISHED IN THE ATTACHED MEMORANDUM OF AGREEMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified Development
Code, is hereby amended by reclassifying the hereinafter -described property from R-1 Single -
Family Residential District to R-3 Moderate Density Multi -Family Residential District with condi-
tions, to wit:
Lot 10 Block 5 Marycrest Subdivision #2, and to the centerline of the adjoining public right-
of-way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning Advi-
sory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication, as provided by law.
Passed, approved and adopted this 16th day of March, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald newspaper on the 20th day of March, 2015.
/s/Trish L. Gleason, Assistant City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1. Code of Ordinances Amendment - Title 6 Housing Code Appeals Board: City Manager
recommending approval of an ordinance which creates a new Title 6, Chapter 6, Section 6-6-8
which establishes the Housing Code Appeals Board and provides for the powers, operation,
membership, and meetings, and reduces membership from seven residents to five residents.
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 Braig. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 23-15 Amending
City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment,
Chapter 6 Housing Regulations by Repealing Section 6-6-8 Housing Code Appeals Board and
Adopting A New Section 6-6-8 Housing Code Appeals Board in Lieu Thereof Establishing the
Housing Code Appeals Board, Providing for the Powers, Operation, Membership, and Meetings,
and Reducing Membership From Seven (7) Residents To Five (5) Residents Seconded by
Jones. Motion carried 7-0.
ORDINANCE NO. 23-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUSING,
SANITATION AND ENVIRONMENT, CHAPTER 6 HOUSING REGULATIONS BY REPEAL-
ING SECTION 6-6-8 HOUSING CODE APPEALS BOARD AND ADOPTING A NEW SEC-
TION 6-6-8 HOUSING CODE APPEALS BOARD IN LIEU THEREOF ESTABLISHING THE
HOUSING CODE APPEALS BOARD, PROVIDING FOR THE POWERS, OPERATION,
MEMBERSHIP, AND MEETINGS, AND REDUCING MEMBERSHIP FROM SEVEN (7)
RESIDENTS TO FIVE (5) RESIDENTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. Section 6-6-8 of the City of Dubuque Code of Ordinances is hereby released and
the following adopted in lieu thereof:
6-6-8: HOUSING CODE APPEALS BOARD:
A. Board Created: There is hereby created the Housing Code Appeals Board.
B. Purpose: The purpose of the board is to conduct hearings upon application by any person
aggrieved by a notice and order of the city manager issued in connection with a violation of the
Housing Code or of any applicable rule or regulation issued pursuant to the Housing Code.
C. Internal Organization and Rules: The board may adopt rules and regulations to govern its
organizational procedures as may be necessary and which are not in conflict with this Code of
Ordinances or the Iowa Code.
D. Procedures for Operation: All administrative, personnel, accounting, budgetary, and pro-
curement policies of the city govern the board in all its operations.
E. Membership:
1. The board comprises five (5) residents of the city, appointed by the city council.
2. Reasonable efforts will be made to obtain representation of tenants, landlords, building
trade professionals, attorneys, realtors, and similar candidates whose experience or pro-
fession provide unique and informed view points as they relate to the decisions that the
board will provide.
F. Oath: Each person, upon appointment or reappointment to the board, must execute an
oath of office at the first meeting of the board following the appointment or reappointment or at
the city clerk's office any time prior to the first meeting of the board.
G. Terms: The term of office for members of the board is three (3) years or until such mem-
ber's successor is qualified and appointed.
H. Vacancies: Vacancies must be filled in the same manner as original appointments.
I. Officers/Organization: The board must choose annually a chairperson and vice- chairper-
son, each to serve a term of one (1) year. The board must fill a vacancy among its officers for
the remainder of the officer's unexpired term at the first regular meeting of each year. The city
manager's designee will serve as secretary to the board and must provide all decisions and find-
ings in writing to the appellant.
J. Meetings:
1. Regular Meetings. The board must meet when there are appeals to be heard.
2. Special Meetings. Special meetings may be called by the chairperson, at the written
request of a majority of the members, or the city manager or city manager's designee.
3. Open Meetings. All meetings must be called and held in conformance with the Iowa
Open Meetings Law.
4. Attendance.
a. In the event a member of the board has been absent for three (3) or more consec-
utive meetings of the board, without being excused by the chairperson, such absence
will be grounds for the board to recommend to the city council that the position be
declared vacant and a replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
5. Minutes. A copy of the minutes of all regular and special meetings of the board must
be filed with the city council within ten (10) working days after each meeting, or by the
next regularly scheduled city council meeting, whichever is later.
6. Quorum. Three (3) members of the board constitute a quorum for the transaction of
business. The affirmative vote of a majority of the members present and voting is neces-
sary for the adoption of any motion or resolution.
K. Compensation: Members serve without compensation, provided that they may receive re-
imbursement for necessary travel and other expenses while on official board business within the
limits established in the city administrative policies and budget.
L. Removal: Except as provided in J(4)(a), the city council may remove any member as pro-
vided in Iowa Code § 372.15.
M. Powers: The board has the following powers, duties, and responsibilities:
1. The board, by a majority vote, may:
a. Sustain the notice and order;
b. Grant a variance;
c. Grant an extension of time; or
d. Grant a waiver of applicability in the case of the levying of rental dwelling operating
license penalties.
2. In granting an extension or variance of any notice or order, or waiver of application of a li-
censing penalty, the board must observe the following conditions:
a. The board may grant an extension of time for the compliance of any notice and order
for not more than ninety (90) days, subject to appropriate conditions and provided that
the board makes specific findings of fact based on evidence relating to the following:
(1) That there are practical difficulties or unnecessary hardships in carrying out the
strict letter of any notice and order;
(2) That such an extension is in harmony with the general purpose and intent of the
Housing Code in securing the public health, safety, and general welfare; and
(3) That the violation in question does not constitute an imminent threat to public
health, safety, and welfare.
b. The board may grant a variance in a specific case and from a specific provision of the
Housing Code subject to appropriate conditions and provided the board makes specific
findings of fact based on evidence related to the following:
(1) That there are practical difficulties or unnecessary hardships in carrying out the
strict letter of any notice and order;
(2) That the effect of the application of the provisions would be arbitrary in the specif-
ic case;
(3) That an extension would not constitute an appropriate remedy for these practical
difficulties or unnecessary hardships;
(4) That such variance is in harmony with the general purpose and intent of the Hous-
ing Code in securing the public health, safety, and general welfare and does not con-
stitute an imminent danger to the public; or
(5) That the repairs and alterations necessary for the preservation, restoration, or
continued use of a building or structure may be made without conformance to all of
the requirements of the Housing Code, when authorized by the appeals board, pro-
vided:
i. The building or structure has been designated by official action of the applicable
legislative or administrative body as having special historical or architectural signif-
icance.
ii. Any substandard conditions as described in this Code will be corrected.
c. The board may grant a waiver of penalties, subject to appropriate conditions and pro-
vided the board makes specific findings of fact that the levying of the penalty was incon-
sistent with the provisions of this Code.
Section 2. Nothing herein effects the term of any person serving as a member of the board as
of the effective date of this Ordinance.
Section 3. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 16th day of March, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald newspaper on the 20th day of March, 2015.
/s/Trish L. Gleason, Assistant City Clerk
2. Rental Property Management Program: City Manager recommending approval of an Ordi-
nance which updates the name of the program. Motion by Jones to receive and file the docu-
ments and that the requirement that a proposed ordinance be considered and voted on for pas-
sage 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 of Ordinance No. 24-15 Amending City
of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment, Chapter 6
Housing Regulations, Section 6-6-7 Licenses and Inspections by changing the program name
from Crime Free Multi -Housing to Successful Rental Property Management. Seconded by Con-
nors. Motion carried 7-0.
ORDINANCE NO. 24-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 6 HEALTH, HOUSING, SANITA-
TION AND ENVIRONMENT, CHAPTER 6 HOUSING REGULATIONS, SECTION 6-6-7 LICENSES
AND INSPECTIONS BY CHANGING THE PROGRAM NAME FROM CRIME FREE MULTI -HOUSING
TO SUCCESSFUL RENTAL PROPERTY MANAGEMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 6-6-7 of the City of Dubuque Code of Ordinances is amended to read as
follows:
6-6-7: LICENSES AND INSPECTIONS:
A. Rental Dwelling Operating License:
3. Suspension/Revocation:
a. The city manager may, for good cause, suspend or revoke a rental dwelling operating license
for a dwelling, and in the case of a multi -family dwelling, suspend the license as to one or more
units for a period not to exceed one year for any of the following:
(5) Failure to attend the city's rental property management program; or
4. Licenses: The city manager is hereby authorized to issue and renew a rental dwelling operat-
ing license in the name of the applicant property owner, manager, or licensed real estate professional,
provided the following criteria are met:
e. Completion of Program: The property owner or manager must have completed the city's rental
property management program or a program of continuing education approved by the city man-
ager as follows:
(6) Licensed real estate professionals are exempted from the city's rental property man-
agement program attendance requirement.
(7) The city manager may waive the continuing education/city's rental property management
program attendance requirement upon the submission of a written request by a property
owner, manager, or licensed real estate professional and after finding that:
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 16th day of March, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald newspaper on the 20th day of March, 2015.
/s/Trish L. Gleason, Assistant City Clerk
3. 2015 Asbury Road Rehabilitation Project Award: City Manager recommending award of
the construction contract to the low bidder, Iowa Erosion Control, Inc. Motion by Braig to receive
and file the documents and adopt Resolution No. 93-15 Awarding Public Improvement Contract
for the 2015 Asbury Road Pavement Rehabilitation Project. Seconded by Lynch. Motion carried
7-0.
RESOLUTION NO. 93-15
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 2015 ASBURY ROAD PAVE-
MENT REHABILITATION PROJECT
Whereas, sealed proposals have been submitted by contractors for the 2015 Asbury Road
Pavement Rehabilitation Project (the Project) pursuant to Resolution No. 36-15 and Notice to
Bidders published in a newspaper published in the City of Dubuque, Iowa on the 13th day of
February, 2015.
Whereas, said sealed proposals were opened and read on the 5th day of March, 2015 and it
has been determined that Iowa Erosion Control, Inc. of Victor, Iowa, with a bid in the amount of
$317,619.47, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Iowa Erosion Con-
trol, Inc. and the City Manager is hereby directed to execute a Public Improvement Contract on
behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 16th day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
4. Novelty Iron Works - 3rd Amendment to Development Agreement: City Manager recom-
mending approval of a Third Amendment to the Novelty Iron Works Development Agreement.
Motion by Connors to receive and file the documents and adopt Resolution No. 94-15 Approving
the Third Amendment to the Development Agreement between the City of Dubuque, Iowa and
Novelty Iron Landlord, LLC. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 94-15
APPROVING THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE, IOWA AND NOVELTY IRON LANDLORD, LLC
Whereas the City of Dubuque, Iowa (City) and Warehouse Trust, LLC (Developer) entered in-
to a Development Agreement dated for reference purposes the 17th day of June, 2013 which
Development Agreement was assigned to Novelty Iron Landlord LLC the 5th day of August,
2013; and
Whereas City and Developer now desire to amend the Development Agreement as set forth
in the Third Amendment to Development Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBU-
QUE, IOWA:
Section 1. The City Council hereby approves the Third Amendment to Development Agree-
ment.
Section 2. The Mayor is authorized and directed to sign the Third Amendment to Develop-
ment Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 16th day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
5. Art on the River - Arts and Cultural Affairs Advisory Commission Recommendation: The
Arts and Cultural Affairs Advisory Commission is recommending that the City Council concur
with the 2015 Art on the River jury selections and recommendations for outdoor sculpture at the
Port of Dubuque. Motion by Braig to receive and file the documents and approve the recom-
mendation. Seconded by Braig. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Connors gave a shout out to local youth at Hempstead High School for
their wonderful presentation of a class project regarding what youth need in Dubuque. Connors
also acknowledged Olivia Fransen a 6th grader at Eleanor Roosevelt Middle School who won
the Iowa League of Cities 5th annual "If I Were Mayor...." Contest. In addition, Connors spoke
regarding an open house she attended where Wahlert Catholic High School students showed
off their winning antiroll-back devises for wheel chairs.
There being no further business, upon motion the City Council adjourned at 8:09 p.m.
/s/ Trish L. Gleason, CMC
Assistant City Clerk
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