9 21 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 September 21, 2015 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Pro -Tem Sutton; Council Members Braig Connors, Jones, Lynch, Resnick;
Assistant City Manager Steinhauser, City Attorney Lindahl
Absent: Mayor Roy D. Buol, City Manager Michael Van Milligen
Mayor Pro -Tem Sutton 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)
Crop Walk Day (October 4, 2015) was accepted by Crop Walk Committee Chairperson
Maryann LoGuidice, 1205 Park St.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of
as indicated. Seconded by Connors. Motion carried 6-0.
1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 8/25;
Library Board of Trustees of 8/27; Zoning Advisory Commission of 9/2. Upon motion the doc-
uments were received and filed.
2. Notice of Claims and Suits: Rick Heston for property damage; Ken Lang for vehicle
damage; Stave Rutz for vehicle damage; Aaron Strong for vehicle damage. Upon motion the
documents were received, filed and referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance
Pool: Joan Heston for property damage; Ken Lang for vehicle damage; Steve Rutz for vehicle
damage; Aaron Strong for vehicle damage. Upon motion the documents were received, filed
and concurred.
4. Assistance to Firefighter's Grant Award and Acceptance: City Manager recommending
approval of the acceptance of the Assistance to Firefighter's Grant award for replacement of
the exercise equipment in all fire stations. Upon motion the documents were received, filed
and approved.
1
5. Upper Mississippi River - A Vital Resource for Regional Economic Prosperity: City Man-
ager submitting the handout entitled Upper Mississippi River, A Vital Resource for Regional
Economic Prosperity. Upon motion the documents were received, filed and made a Matter of
Record.
6. Delta Dental Voluntary Dental Plan: City manager recommending approval of the Delta
Dental renewal rates for the plan year January 1, 2016, through December 31, 2016. Upon
motion the documents were received, filed and approved.
7. Hillcrest Family Services Agreement: City Manager recommending approval of an
agreement with Hillcrest Family Services to use Murphy Park for Reflections in the Park (Oc-
tober 30, 2015 -January 10, 2016). Upon motion the documents were received, filed and ap-
proved.
8. FY 2015 Consolidated Annual Performance Evaluation Report (CAPER): City Manager
recommending approval of a resolution authoring submission to HUD of the Consolidated
Annual Performance and Evaluation Report (CAPER) for the period of July 1, 2014 through
June 30, 2015. Upon motion the documents were received and filed and Resolution No. 316-
15 Authorizing the Submission of a Consolidated Annual Performance and Evaluation Report
(CAPER) for the Period Commencing July 1, 2014 and Concluding June 30, 2015 was
adopted.
RESOLUTION NO. 316-15
AUTHORIZING THE SUBMISSION OF A CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER) FOR THE PERIOD COMMENCING JULY 1, 2014
AND CONCLUDING JUNE 30, 2015
Whereas, the City of Dubuque, Iowa, is an entitlement grant recipient under the Communi-
ty Development Block Grant (CDBG) Program of the U.S. Department of Housing and Urban
Development (HUD); and
Whereas, the CDBG regulations require that no later than ninety (90) days after the com-
pletion of a program year, each entitlement recipient must submit a performance and evalua-
tion report, Consolidated Annual Performance and Evaluation Report (CAPER); and
Whereas, the City has 1) prepared a CAPER for the program year commencing July 1,
2014 and concluding June 30, 2015; 2) published notice of availability of the CAPER in the
Telegraph Herald and City of Dubuque website on August 31, 2015 and September 2, 2015;
3) made copies of the CAPER available for public review at the Carnegie Stout Public Li-
brary, City Hall, Housing and Community Development Department and City of Dubuque
website; 4) held a public hearing pursuant to required 15 days published notice before the
Community Development Advisory Commission on September 16, 2015; and
Whereas, the Community Development Advisory Commission has voted to approve the
CAPER and to recommend City Council approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Consolidated Annual Performance and Evaluation Report (CAPER) for
the period commencing July 1, 2014 and concluding June 30, 2015 is hereby approved for
submission.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to ex-
ecute the Consolidated Annual Performance and Evaluation Report (CAPER) on behalf of the
City of Dubuque, Iowa.
2
Section 3. That the City Manager is hereby authorized and directed to submit the Consoli-
dated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Hous-
ing and Urban Development.
Passed, approved and adopted this 21st day of September, 2015.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin Firnstahl, City Clerk
9. Iowa Department of Inspections and Appeals Contract: City Manager recommending
approval of the Iowa Department of Inspections and Appeals renewal agreement with the City
of Dubuque for performance of food and hotel licensing, inspections and enforcement with
respect to retail food establishments. Upon motion the documents were received, filed and
approved.
10. Tristate Occupational Health Agreement Amendment: City Manager recommending
approval of an Amendment to the Agreement between Tri-State Occupational Health, LLC for
case management services for workers compensation claims and police and fire job-related
injuries and illnesses. Upon motion the documents were received, filed and approved.
11. America's River Corporation Contracted Services Agreement Amendment: City Man-
ager recommending execution of a contract with America's River Corporation for Fiscal Year
2016. Upon motion the documents were received, filed and approved.
12. Restrictive Covenant - 767 University Avenue: City Manager recommending approval
of a resolution attaching a Restrictive Covenant to 767 University Avenue that requires the
property be owner -occupied for 21 years. Upon motion the documents were received and
filed and Resolution No. 317-15 Attaching Single Family Residence Restrictive Covenant, to
767 University Avenue, Dubuque, Iowa was adopted.
RESOLUTION NO. 317-15
ATTACHING SINGLE FAMILY RESIDENCE RESTRICTIVE COVENANT, TO 767 UNIVER-
SITY AVENUE, DUBUQUE, IOWA
Whereas, The City desires to attach restrictive covenants to 767 University prior to dispos-
al of said property; and
Whereas, said property will be disposed of by the City and the City desires said property to
be owner -occupied fora period of twenty one (21) years after the sale.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque approves the restrictive covenants for
767 University Avenue, legally described as:
Tract I: Lot 1 of Lot 2 of Lot 3 of the Subdivision of Out Lot 738 in the City of Dubu-
que, Iowa, and a right of way over Lot 3 of Lot 3, and over the East 20 feet of Lot 8, of
the Subdivision of Out Lot 738, in the City of Dubuque, Iowa according to the recorded
plat thereof
Tract II: Lot 3 of Lot 3 of the Subdivision of Out Lot 738 in the City of Dubuque, Iowa,
according to the recorded plat thereof the City of Dubuque, Iowa
Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the
Restrictive Covenant for the above described real estate.
3
Section 3. The City is Clerk is hereby authorized and directed to provide a certified copy of
this Resolution to the City Attorney's Office for recording in the Office of the Dubuque County
Recorder.
Passed, approved and adopted this 21st day of September, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
13. Request for Proposal - 30- and 42 -Inch Force Main Inspection Project: City Manager
recommending approval to issue a Request for Proposals to seek consultants and/or firms to
work alongside the City and coordinate the inspection, emergency response planning and
needs assessment for current and future design changes to the City's 30- and 42 -inch sani-
tary sewer force mains located between Cedar Street Lift Station and the Water & Resource
Recovery Center. Upon motion the documents were received, filed and approved.
14. Acceptance of Grant of Permanent Easement for Storm Sewer - 2595 Fulton Street:
City Manager recommending acceptance of a Grant of Permanent Easement for Storm Sew-
er from Andrea and Joel Leach over a portion of their property at 2595 Fulton Street with the
City of Dubuque owning and maintain the new storm sewer utility. Upon motion the docu-
ments were received and filed and Resolution No. 318-15 Accepting a Grant of Easement for
storm sewer over and across Lot 2 of Lot 2 of Lot 2 of the W % of the NW 1/4 of Section 27;
and Lot 2 of Lot 1 of Lot 2 of the NE 1/4 of the NE 1/4 of Section 28, all in Township 89 North,
Range 2 East of the 5th P.M., in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 318-15
ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER OVER AND ACROSS LOT
2 OF LOT 2 OF LOT 2 OF THE W '/2 OF THE NW 1/4 OF SECTION 27; AND LOT 2 OF LOT
1 OF LOT 2 OF THE NE 1/4 OF THE NE 1/4 OF SECTION 28, ALL IN TOWNSHIP 89
NORTH, RANGE 2 EAST OF THE 5TH P.M., IN THE CITY OF DUBUQUE, IOWA
Whereas, Halle Properties LLC and the City of Dubuque wish to set forth terms for the
construction, maintenance, and replacement of site improvements over an existing public util-
ities located in Lot 2 of Lot 2 of Lot 2 of the W % of the NW 1/4 of Section 27; and Lot 2 of Lot
1 of Lot 2 of the NE 1/4 of the NE 1/4 of Section 28, all in Township 89 North, Range 2 East of
the 5th P.M., in the City of Dubuque, Dubuque County, Iowa; and
Whereas, Halle Properties LLC have executed an Easement for Storm Sewer through,
over and across Lot 2 of Lot 2 of Lot 2 of the W % of the NW 1/4 of Section 27; and Lot 2 of
Lot 1 of Lot 2 of the NE 1/4 of the NE 1/4 of Section 28, all in Township 89 North, Range 2 East
of the 5th P.M., in the City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts and
consents to the Grant of Easement for Storm Sewer through, over and across Lot 2 of Lot 2
of Lot 2 of the W % of the NW 1/4 of Section 27; and Lot 2 of Lot 1 of Lot 2 of the NE 1/4 of the
NE 1/4 of Section 28, all in Township 89 North, Range 2 East of the 5th P.M., in the City of
Dubuque, Dubuque County, Iowa from Halle Properties LLC, a copy of which is attached
hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on
behalf of the City of Dubuque any instruments in connection herewith.
4
Passed, approved and adopted this 21st day of September, 2015.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
15. Dubuque Intermodal Transportation Center Sign Request: Historic Preservation Com-
mission recommending approval of the monument -style freestanding sign for Jule Transit,
Elm and 9th Streets, to serve the Dubuque Intermodal Transportation Center. Upon motion
the documents were received, filed and approved.
16. Cedar Cross Storm Sewer Extension Project Acceptance: City Manager recommend-
ing that the award for the Cedar Cross Storm Sewer Extension Project be officially recorded
in the minutes of the City Council. Upon motion the documents were received, filed and made
a Matter of Record.
17. Access Ramp Installation Project - Project Four Acceptance: City Manager recom-
mending that the award for the 2015 Access Ramp Installation Project — Project Four be offi-
cially recorded in the minutes of the City Council. Upon motion the documents were received,
filed and made a Matter of Record.
18. Property Acquisition - McFadden Properties, LLP: City Attorney recommending adop-
tion of a resolution accepting the deed to property owned by McFadden Properties, LLP in
Dubuque County, Iowa. Upon motion the documents were received and filed and Resolution
No. 319-15 Accepting the Deed to Certain Real Estate owned by McFadden Properties, LLP
in Dubuque County, Iowa was adopted.
RESOLUTION NO. 319-15
ACCEPTING THE DEED TO CERTAIN REAL ESTATE OWNED BY MCFADDEN PROP-
ERTIES, L.L.P. IN DUBUQUE COUNTY, IOWA
Whereas, the City of Dubuque, Iowa entered into a Purchase Agreement on July 10, 2015,
with McFadden Properties, L.L.P. for the purchase of certain real property in Dubuque Coun-
ty, legally described as follows:
Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa, according to the recorded
Plat thereof, subject to easements and restrictions of record; and
Whereas, the terms of the Agreement have been fulfilled.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby accepts the Deed from McFadden Properties, L.L.P.,
attached hereto.
Section 2. The City Clerk is hereby authorized and directed to record this Resolution and
the Deed with the Dubuque County Recorder.
Passed, approved and adopted this 21st day of September, 2015.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
19. Property Acquisition - McFadden Family Partnership, LLP: City Attorney recommend-
ing adoption of a resolution accepting the deed to property owned by McFadden Family Part-
nership, LLP in Dubuque County, Iowa. Upon motion the documents were received and filed
and Resolution No. 320-15 Accepting the Deed to Certain Real Estate owned by McFadden
Family Partnership, LLP in Dubuque County, Iowa was adopted.
5
RESOLUTION NO. 320-15
ACCEPTING THE DEED TO CERTAIN REAL ESTATE OWNED BY MCFADDEN FAMILY
PARTNERSHIP, L.L.P. IN DUBUQUE COUNTY, IOWA
Whereas, the City of Dubuque, Iowa entered into a Purchase Agreement on June 26,
2015, with McFadden Family Partnership, L.L.P. for the purchase of certain real property in
Dubuque County, legally described as follows:
Lot 1 of Lot 1 of the NW 1/4 of the NW 1/4 and
The South % of the NW 1/4 in Section 29, Township 89 North, Range 2 East of the 5th
P.M., Dubuque County, Iowa
Lot 1 of Dubuque Industrial Center Seventh Addition in the City of Dubuque, Iowa
Lot 2 McFadden Farm Place #2
; and
Whereas, the terms of the Agreement have been fulfilled.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby accepts the Deed from McFadden Family Partnership,
L.L.P., attached hereto.
Section 2. The City Clerk is hereby authorized and directed to record this Resolution and
the Deed with the Dubuque County Recorder.
Passed, approved and adopted this 21st day of September, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
20. Tobacco Compliance — Civil Penalty for Tobacco License Holder — The Konnexion
Dubuque: City Manager recommending approval of the Acknowledgement/Settlement
Agreement for a tobacco compliance violation for The Konnexion, 1099 University Ave. Upon
motion the documents were received, filed and approved.
21. Alcohol License Applications: City Manager recommending approval of annual beer,
liquor and wine licenses as submitted. Upon motion the documents were received and filed
and Resolution No. 321-15 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 adopt-
ed.
RESOLUTION NO. 321-15
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:
6
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the not-
ed permit types to the following applicants pending submission of the locally required docu-
mentation:
Renewals
Eagle Country Market 1800 Elm St.
Phillips 66/Arby's
Europa Cafe of Dubuque
Wal-Mart #2004
New
The Bait Shack
Special Event
Dubuque Jaycees 10-3-15
10 South Main
4031 Pennsylvania Ave.
4200 Dodge St.
Class E Liquor, Class B Wine,
Class B Beer (Sunday)
Class C Beer (Sunday)
Special Class C liquor
Class E Liquor, Class B Wine,
Class B Beer (Sunday)
2095 Kerper Blvd. Class B Beer (Sunday)
4th St. and Bluff Class B Beer (Outdoor)
Passed, approved and adopted this 21st day of September, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
ITEMS 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. Se-
conded by Jones. Motion carried 6-0.
1. Sale of Property at 1501- 1503 Bluff Street: City Manager recommending that a public
hearing be set for October 5, 2015, for the purpose of disposing of City- owned real property
at 1501-1503 Bluff Street to Ethan D. and Valerie R. Winn. Upon motion the documents were
received and filed and Resolution No. 322-15 Resolution of Intent to Dispose of an Interest in
City of Dubuque Real Estate, Setting a Time and Place for Hearing and Providing for the
Publication of Notice Thereof was adopted setting a public hearing for a meeting to com-
mence at 6:30 p.m. on October 5, 2015 in the Historic Federal Building.
RESOLUTION NO. 322-15
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE, SET-
TING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUBLICATION OF
NOTICE THEREOF
Whereas, the City of Dubuque has obtained certain real property in connection with the
Purchase/Rehabilitation/Re-sale Project; and
Whereas, such rehabilitation is complete and the certain real property is ready for re -sale;
and
Whereas, the City of Dubuque has received an offer to purchase this certain real property
from Ethan and Valeria Winn; and
Whereas, by accepting this offer to purchase, the City of Dubuque's objectives of in-
creased home ownership by income qualified individuals and rehabilitation of vacant homes
are further realized.
7
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 following
legally described property:
The Easterly 90 feet of the Northerly 40 feet of Lot 3, and the Easterly 100 feet of the
Southerly 2 feet of Lot 4 in D.N. Cooley's subdivision of out lots 667, 668 and 669 in the
City of Dubuque, Iowa, according to the recorded plat thereof:
1501-03 Bluff Street (the Property).
Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the Prop-
erty to Ethan and Valeria Winn for the sum of $75,000.00.
Section 3. That the City Clerk is hereby authorized and directed to cause this Resolution
and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing
on the City's intent to dispose of the Property to be held on the 5th day of October, 2015, at
6:30 o'clock p.m. at the Historical Federal building, 350 W. 6th Street, Dubuque, Iowa.
Passed, approved, and adopted this 21st day of September, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
2. Request to Vacate - Sanitary Sewer Easement 3045 Indiana Court: City Manager rec-
ommending that a public hearing be set for October 19, 2015, on the disposal of a sanitary
sewer easement across Lot 1 of Indiana Subdivision No. 2 in the City of Dubuque. Upon mo-
tion the documents were received and filed and Resolution No. 323-15 Resolution of Intent to
Vacate and Dispose of City Interest in a Sanitary Sewer Easement Over and Across Lot 1 of
Indiana Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa was adopted set-
ting a public hearing for a meeting to commence at 6:30 p.m. on October 19, 2015 in the His-
toric Federal Building.
RESOLUTION NO. 323-15
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A SANI-
TARY SEWER EASEMENT OVER AND ACROSS LOT 1 OF INDIANA SUBDIVISION NO.
2 IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, Eric M. Bakken is the current owner of Lot 1 of Indiana Subdivision No. 2 in the
City of Dubuque, Dubuque County, Iowa; and
Whereas, a sanitary sewer easement was created over Lot 1 of Indiana Subdivision No. 2
according to the Final Plat of Indiana Subdivision recorded as file number 2005-00015775 in
the office of the Dubuque County Recorder and per City of Dubuque Resolution Number 341-
05; and
Whereas, in 2009 Bakken had constructed a residential building over the city sanitary
sewer main and easement; and
Whereas, in 2011 the City and the property owner executed an agreement by which the
property owner would relocate the sanitary sewer main away from the residence and grant
the City a new easement covering the new sewer location; and
Whereas, the property owner has relocated the sanitary sewer main and has granted the
new easement; and
Whereas, per the agreement with Bakken, the City is responsible for vacating the former
easement area under Bakken's residence.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
8
Section 1. That the City of Dubuque, intends to vacate and dispose of its interest in the
sanitary sewer easement across said Lot 1 of Indiana Subdivision No. 2 in the City of Dubu-
que, Dubuque County, Iowa, as shown on the attached Exhibit.
Section 2. 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 21st day of September, 2015.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
3. Greater Downtown Urban Renewal District - Urban Renewal Plan Amendment: City
Manager recommending adoption of a Resolution of Necessity that finds that an amendment
to the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Re-
newal District is both necessary and appropriate, and sets a public hearing on the proposed
amendment for October 19, 2015. Upon motion the documents were received and filed and
Resolution No. 324-15 Resolution of Necessity Finding That Certain Areas Included Within
The Greater Downtown Urban Renewal District Meet the Definition of a Blighted Area or an
Economic Development Area Under the Urban Renewal Law, and That Development of Said
Areas is Necessary in the Interest of the Residents of the City of Dubuque, Iowa, and Setting
Dates of Hearing and Consultation on a Proposed Amendment to the Amended and Restated
Urban Renewal was adopted setting a public hearing for a meeting to commence at 6:30 p.m.
on October 19, 2015 in the Historic Federal Building.
RESOLUTION NO. 324-15
RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS INCLUDED WITHIN
THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT MEET THE DEFINITION OF
A BLIGHTED AREA OR AN ECONOMIC DEVELOPMENT AREA UNDER THE URBAN
RENEWAL LAW, AND THAT DEVELOPMENT OF SAID AREAS IS NECESSARY IN THE
INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA, AND SETTING
DATES OF HEARING AND CONSULTATION ON A PROPOSED AMENDMENT TO THE
AMENDED AND RESTATED URBAN RENEWAL PLAN FOR SAID DISTRICT
Whereas, the City Council of the City of Dubuque has heretofore approved the Amended
and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District (the
"District") in order to provide redevelopment opportunities which will further the purposes and
objectives of the foregoing Urban Renewal Plan; and
Whereas, City staff has recommended that the Urban Renewal Plan be amended to add
additional project details, including an administrative office facility project to be undertaken by
Dubuque County within the District; and
Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority may
be exercised, a City Council must adopt a resolution of necessity finding that the area in
question is a slum, blighted or economic development area, and that so designating such ar-
ea is necessary in the interest of the public health, safety or welfare of the residents of the
municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Sub -areas generally described in the Urban Renewal Plan for the
Greater Downtown Urban Renewal District, are blighted and/or economic development areas
as defined by Chapter 403 of the Iowa Code and are appropriate for an urban renewal pro-
ject.
9
Section 2. That the development of the above-described Sub -areas is necessary and ap-
propriate to facilitate the proper growth and development of the community in accordance
with sound planning and local community objectives.
Section 3. That the City Manager is authorized and directed to prepare an Amended and
Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to accom-
plish the foregoing purposes and objectives, to include in such Plan any appropriate project
activities and details, and to determine an appropriate date for and conduct the consultation
process required by law with affected taxing entities concerning the proposed amendment.
Section 4. That the City Council hold a public hearing on the adoption of the proposed
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal Dis-
trict on October 19, 2015 at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street,
Dubuque, Iowa 52001. The notice of said hearing shall generally identify the areas covered
by the Amended and Restated Plan and the general scope of the urban renewal activities
planned for such areas, and said notice shall be published and available to the public not less
than four days nor more than twenty days before the date of said meeting. A copy of the no-
tice of public hearing shall be sent by ordinary mail to the affected taxing entities.
Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said
Amended and Restated Urban Renewal Plan, the notice of public hearing, and, to the extent
the amendment includes the use of tax increment revenues for a public building, an analysis
of alternative development and funding options for such public buildings, to the Dubuque
Community School District and the County Board of Supervisors, as the affected taxing enti-
ties.
Passed, approved and adopted this 21st day of September, 2015.
Lynn V. Sutton, Mayor Pro Tem
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.
1. Civic Center Advisory Commission: One, 3 -year term through June 29, 2016 (Vacant
term of Scott). Applicant: A. Alanda Gregory, 1560 Iowa St. #3.
2. Housing Commission: Two, 3 -year terms through August 17, 2018 (Expiring term of
Fernandes and Vacant term of Holz) Applicants: Anna Fernandes, 2191 Broadlawn Rd.; Jill
Kedley, 237 Southgate Dr.
3. Transit Advisory Board: One, 3 -year term through July 30, 2016 (Vacant term of Knight).
Applicants: Joel Lightcap, 1985 Alta Vista St.; Carrie Lohrmann, 1879 Denver Dr. #7B
Appointments were made to the following commissions.
1. Environmental Stewardship Advisory Commission: One, 3 -year term through October 1,
2018 (Expired term of Koch). Applicant: David Koch, 1950 Admiral St. Motion by Braig to ap-
point David Koch to a 3 -year term through October 1, 2018. Seconded by Resnick. Motion
carried 6-0.
2. Historic Preservation Commission: One, 3 -year term through July 1, 2017 (Vacant term
of Lawson - Cathedral Historic District). Applicant: John Mc Andrews, 350 W. 1st St. (Qualifies
for Cathedral Historic District Resident)
Four, 3 -year terms through July 1, 2018 (Vacant terms of Krueger At -Large and Happ-
Olson At -Large) (Mc Andrews At- Large) and (Rapp Old Main Historic District Interim). Appli-
cants: Emily Hilgendorf, 1511 N. Algona St. (Qualifies for At -Large) (Additional Applicant);
10
Robert McDonell, 4050 Peru Rd. (Qualifies for At -Large / Current Jackson Park Historic Dis-
trict Interim applying for At -Large); Susan Price, 653 YZ White St. (Qualifies for At -Large); D.
Joseph Rapp, 27 Locust St. (Old Main Historic District — Interim)
The City Council discussed the application of Susan Price. Motion by Jones to appoint
John McAndrews to a 3 -year term for the Cathedral Historic District Resident through July 1,
2017; and Emily Hilgendorf and Robert McDonell to 3 -year, At -Large terms through July 1,
2018; and D. Joseph Rapp to a 3 -year Old Main Historic District Interim term through July 1,
2018. Seconded by Connors. Motion carried 5-1 with Braig voting nay.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council on the following items.
1. Rezoning Request - 3275 Pennsylvania Ave: Proof of publication on notice of public
hearing to consider a request by Horizon Development Group, Inc. (Applewood Senior
Apartments) to rezone property from R-1 Single Family Residential District to PR Planned
Residential District to permit construction of a 60 -unit senior apartment residence and the
Zoning Advisory Commission recommending approval with conditions. Motion by Connors to
receive and file the documents and that the requirement that a proposed ordinance be con-
sidered 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 Car-
stens provided a staff report. Scott Kwiecinski, Development Manager for Horizon Develop-
ment Group, Madison, WI spoke in support of the request. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 58-15 Amending
Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by Reclassi-
fying Hereinafter Described Property Located at 3275 Pennsylvania Avenue From R-1 Sin-
gle -Family Residential District To PUD Planned Unit Development District With a PR Planned
Residential District Designation, and Adopting a Conceptual Development Plan for Apple -
wood Senior Housing Phase IV. Seconded by Lynch. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 58-15
AMENDING APPENDIX A (THE ZONING ORDINANCE) OF THE CITY OF DUBUQUE
CODE OF ORDINANCES BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY
LOCATED AT 3275 PENNSYLVANIA AVENUE FROM R-1 SINGLE-FAMILY RESIDEN-
TIAL DISTRICT TO PUD PLANNED UNIT DEVELOPMENT DISTRICT WITH A PR
PLANNED RESIDENTIAL DISTRICT DESIGNATION, AND ADOPTING A CONCEPTUAL
DEVELOPMENT PLAN FOR APPLEWOOD SENIOR HOUSING PHASE IV
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordi-
nances is hereby amended by reclassifying the hereinafter -described property from R-1 Sin-
gle -Family Residential District to PUD Planned Unit Development District with a PR Planned
Residential District designation, and adopting a conceptual development plan, a copy of
which is attached to and made a part hereof, is hereby adopted and approved for the follow-
ing described property, to wit:
Lot 2 Lange Estate, and to the centerline of the adjoining public right-of-way, all in the
City of Dubuque, Iowa.
11
A. Use Regulations.
The following regulations shall apply to all uses made of land in the above- described PR
Planned Residential District:
1. Principal permitted uses shall be limited to 60 senior housing dwelling units.
2. No secondary or contingency uses shall be permitted.
3. Accessory uses shall include any use customarily incidental and subordinate to the
principal use it serves.
B. Lot and Bulk Regulations.
Development of land in the PR Planned Residential District shall be regulated as follows:
1. Building #4 shall be located in substantial conformance with the approved conceptual
development plan.
2. Building #4 shall have a minimum 20 -foot front yard setback, a minimum 15 -foot side
yard setback, and a minimum 30 -foot rear yard setback.
3. Maximum building height of 45 feet measured at the south building wall from average
grade level to roof peak.
C. Performance Standards
The development and maintenance of uses in this PR Planned Residential District shall be
regulated as follows:
1. Parking Regulations
a. Off-street parking shall be provided based on the approved conceptual plan with
30 spaces provided in front of the building and 60 spaces in underground parking.
b. All vehicle -related features shall be surfaced with either asphalt or concrete.
c. Curbing and proper surface drainage of storm water shall be provided.
d. All parking and loading spaces shall be delineated on the surfacing material by
painted stripes or other permanent means.
e. The number, size and design of parking spaces shall be governed by applicable
provisions of City of Dubuque Ordinances enforced at the time of development of the
lot.
f. The number, size, design, and location of parking spaces designated for persons
with disabilities shall be according to the local, state, or federal requirements in effect
at the time of development.
2. Site Lighting
a. Exterior illumination of site features shall be limited to the illumination of the follow-
ing:
i. Parking areas, driveways and loading facilities.
ii. Pedestrian walkway surfaces and entrances to building.
iii. Building exterior.
b. Location and Design
i. No light source shall provide illumination onto adjacent lots, buildings or streets
in excess of 1.0 foot candle.
ii. All exterior lighting luminaries shall be designed and installed to shield light from
the luminaries at angles above 72 -degrees from vertical.
iii. Fixtures mounted on a building shall not be positioned higher than the roofline
of the building.
iv. All electrical service lines to posts and fixtures shall be underground and con-
cealed inside the posts.
3. Landscaping: Landscaping shall be provided in compliance with Section 13-4 Landscap-
ing and Screening Requirements of the Unified Development Code.
12
4. Storm Water Management: The developer of each lot shall be responsible for providing
surface or subsurface conveyance(s) of storm water from the lot to existing storm sewers or
to flow line of open drainage ways outside the lot in a means that is satisfactory to the Engi-
neering Department of the City of Dubuque. Other applicable regulations enforced by the City
of Dubuque relative to storm water management and drainage shall apply to properties in the
PUD District.
5. Exterior Trash Collection Areas
a. The storage of trash and debris shall be limited to that produced by the principal per-
mitted use and accessory uses of the lot.
b. All exterior trash collection areas and the materials contained therein shall be visually
screened from view. The screening shall be completely opaque fence, wall or other fea-
ture not exceeding a height of 10 feet measured from the ground level outside the line
of the screen. Screens built on sloping grades shall be stepped so that their top line
shall be horizontal. Exposed materials used to construct the opaque screen shall be
similar in appearance to materials used for exterior building walls. All exterior entrances
to a screened trash area shall be provided with a gate or door of similar design to that of
the screen.
If a 10-foot high screen fails to shield the exterior trash collection area from view from
points inside or outside of the property, evergreen plantings may be required in addition
to the screening. Evergreen plant materials shall be selected and designed so that they
will screen the area from all off-site visibility within five (5) years.
6. Final site development plans shall be submitted in accordance with Section 4-4 of the
Zoning Ordinance prior to construction of any buildings.
D. Open Space and Recreation Areas: Open space and landscaping in the PR Planned
Residential District shall be regulated as follows. Those areas not designated on the concep-
tual development plan shall be maintained as open space, as defined by Section 8 of the
Zoning Ordinance of the City of Dubuque, Iowa, by the property owner and/or association.
E. Sign Regulations
1. Signs in the Planned Residential District shall be regulated in accordance with the R-
4 Multi-Family Residential Zoning District sign regulations of the Zoning Ordinance.
2. Variance requests from sign requirements for size, number and height shall be re-
viewed by the Zoning Board of Adjustment in accordance with Section 5-3 of the Zoning
Ordinance.
F. Other Codes and Regulations
1. Service Lines. All electric, telephone, cable, or other similar utility lines serving the
building and other site features shall be located underground.
2. The use of semi-trailers and shipping containers for storage is prohibited.
3. These regulations do not relieve the owner from other applicable city, county, state or
federal codes, regulations, laws and other controls relative to the planning, construction,
operation and management of property within the city of Dubuque.
G. Transfer of Ownership: Transfer of ownership or lease of property in this PR Planned
Residential District shall include the transfer or lease agreement a provision that the pur-
chaser or lessee acknowledges awareness of the conditions authorizing the establishment of
the district.
H. Occupancy Permits: No occupancy permit shall be issued by the City of Dubuque for
property included in the subject planned unit development district until full compliance with
this ordinance has been achieved.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Adviso-
ry Commission of the City of Dubuque, Iowa.
13
Section 3. The foregoing amendment shall take effect upon publication, as provided by
law.
Passed, approved and adopted this 21st day of September, 2015.
/s/Lynn V. Sutton, Mayor Pro Tem
Attest: /s/Kevin. S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 25th day of September, 2015.
/s/Kevin S. Firnstahl, City Clerk
2. Rezoning Request - 412 Loras Blvd: Proof of publication on notice of public hearing to
consider a request by Jenk Enterprises, Inc. to rezone property from OR Office Residential
District to OC Office Commercial District to permit a bridal shop and the Zoning Advisory
Commission recommending approval. 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. Second-
ed by Connors. Applicant Cathleen Enabnit of Jenk Enterprises spoke in support of the re-
quest. Planning Services Manager Laura Carstens provided a staff report. Motion carried 6-0.
Motion by Lynch for final consideration and passage of Ordinance No. 59-15 Amending Ti-
tle 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassify-
ing hereinafter described property located at 412 Loras Blvd. from OR Office Residential Dis-
trict to OC Office Commercial District. Seconded by Connors. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 59-15
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED
DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY
LOCATED AT 412 LORAS BOULEVARD FROM OR OFFICE RESIDENTIAL DISTRICT TO
OC OFFICE COMMERCIAL 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, Unified Development
Code, is hereby amended by reclassifying the hereinafter—described property from OR Office
Residential District to OC Office Commercial District, to wit:
Lot 1 A. L. Browns Subdivision, and to the centerline of the adjoining public right- of -
way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication as provided by
law.
Passed, approved and adopted this 21st day of September, 2015.
/s/Lynn V. Sutton, Mayor Pro Tem
Attest: /s/Kevin. S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 25th day of September, 2015.
/s/Kevin S. Firnstahl, City Clerk
3. Rezoning Request - 468 E. 12th Street: Proof of publication on notice of public hearing to
consider a request by M -M&M, LLC to rezone property from Planned Unit Development with
a PC Planned Commercial District designation to MHI Modified Heavy Industrial District and
the Zoning Advisory Commission recommending denial. Motion by Jones to receive and file
and concur with the denial. Seconded by Connors. Phil Mihalakis, 2602 Hacienda Dr., spoke
14
in favor of the rezoning and responded to questions from the City Council regarding devel-
opment plans. Planning Services Manager Laura Carstens provided a staff report. Ms. Car-
stens and Zoning Advisory Commission Chairperson Patrick Norton responded to questions
from the City Council regarding allowed uses and the application process. Motion carried 4-2
with Lynch and Sutton voting nay.
4. Lake Eleanor Lift Station and Water Main Extension Project: Proof of publication on no-
tice of public hearing to consider the approval of the construction plans, specifications, form
of contract and estimated cost for the Lake Eleanor Road Lift Station and Water Main Exten-
sion Project and the City Manager recommending approval. Motion by Jones to receive and
file the documents and adopt Resolution No. 325-15 Approval of Plans, Specifications, Form
of Contract, and Estimated Cost for the Lake Eleanor Lift Station Project. Seconded by Con-
nors. Motion carried 6-0.
RESOLUTION NO. 325-15
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE LAKE ELEANOR LIFT STATION PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Lake
Eleanor Lift Station Project, in the estimated amount $496,755.00, are hereby approved.
Passed, adopted and approved this 21 st day of September, 2015.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
5. Federal Building Lease - Iowa State University: Proof of publication on notice of public
hearing to consider a Lease Agreement between the City of Dubuque and the Iowa State
University in the Historic Federal Building and the City Manager recommending approval. Mo-
tion by Braig to receive and file the documents and adopt Resolution No. 326-15 Approving
the Disposal of an Interest in Real Property Owned by the City of Dubuque by Lease Be-
tween the City of Dubuque, Iowa and Iowa State University of Science and Technology. Se-
conded by Resnick. Motion carried 6-0.
RESOLUTION NO. 326-15
APPROVING THE DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY THE
CITY OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND IOWA
STATE UNIVERSITY of Science and Technology
Whereas, the City of Dubuque, Iowa (City) owns the real property described as the Historic
Federal Building, located at 350 West 6th Street in the City of Dubuque, Iowa; and
Whereas, City and Iowa State University of Science and Technology have negotiated a
Lease Agreement for space in the Historic Federal Building, a copy of which Lease Agree-
ment is on file at the office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Io-
wa; and
Whereas, on September 21, 2015, the City Council pursuant to notice published as re-
quired by law held a public hearing on its intent to dispose of the foregoing interest in real
property and overruled all objections thereto;
Whereas, the City Council believes it is in the best interests of the City of Dubuque to ap-
prove the Lease Agreement.
15
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Lease Agreement between City and Iowa State University of Science and
Technology is hereby approved and the City Manager is authorized to execute said Lease
Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 21St day of September, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
6. Fiscal Year 2016 First Budget Amendment: Proof of publication on notice of public hear-
ing to approve the first Fiscal Year 2016 Budget Amendment, which amends the Fiscal Year
2016 budget for City Council actions since the beginning of the fiscal year and includes items
for which City Council has expressed support and the City Manager recommending approval.
Motion by Connors to receive and file the documents and adopt Resolution No. 327-15
Amending the Current Budget for the Fiscal Year Ending June 30, 2016. Seconded by Jones.
Budget Director Jenny Larson responded to questions from the City Council about the refer-
enced budgeted items and public/private funding amounts for the skate park. Motion carried
6-0.
RESOLUTION No. 327-15
A RESOLUTION AMENDING THE CURRENT BUDGET
FOR FISCAL YEAR ENDING JUNE 30, 2016
Be it Resolved by the City Council of Dubuque:
Section 1. Following notice published 9-10-15 and the public hearing held 9-21-201 the
current budget (as previously amended) is amended as set out herein and in the detail by
fund and activity that supports this resolution which was considered as that hearing.
16
Total Budget
as certified
or last amended
Current
Amendment
Total Budget
after Current
Amendment
Revenues & Other Financing Sources
24,082,860
0
24,082,860
Taxes Levied on Property 1
Less: Uncollected Property Taxes -Levy Year 2
0
0
0
Net Current Property Taxes 3
24,082,860
0
24,082,860
Delinquent Property Taxes 4
0
0
0
TIF Revenues 5
9,866,823
0
9,866,823
Other City Taxes 6
16,693,150
0
16,693,150
Licenses & Permits 7
1,652,955
0
1,652,955
Use of Money and Property 8
12,258,833
797,411
13,056,244
Intergovernmental 9
37,519,418
31,417,889
68,937,307
Charges for Services 10
40,375,398
1,020
40,376,418
Special Assessments 11
54,000
91,667
145,667
Miscellaneous 12
8,360,701
1,938,669
10, 299, 370
Other Financing Sources 13
50,382,376
-4,530,563
45,851,813
Transfers In 14
24,017,186
4,168,933
28,186,119
Total Revenues and Other Sources 15
225,263,700
33,885,026
259,148,726
Expenditures & Other Financing Uses
16
Public Safety 16
27,915,176
376,499
28,291,675
Public Works- 17
13,085,057
418,789
13,503,846
Health and Social Services- 18
1,061,444
66,365
1,127,809
Culture and Recreation- 19
11,327,820
462,243
11,790,063
Community and Economic Development 20
12,712,312
481,596
13,193,908
General Government 21
7,768,723
166,782
7,935,505
Debt Service 22
9,948,088
0
9,948,088
Capital Projects 23
39,757,912
55,473,608
95,231,520
Total Government Activities Expenditures 24
123,576,532
57,445,882
181,022,414
Business Type / Enterprises 25
78,694,186
30,464,228
109,158,414
Total Gov Activities & Business Ex-
penditures
26
202,270,718
87,910,110
290,180,828
Transfers Out 27
24,017,186
4,168,933
28,186,119
Total Expenditures/Transfers Out 28
226,287,904
92,079,043
318,366,947
Excess Revenues & Other Sources Over
(Under) Expenditures/Transfers Out Fiscal Year 29
-1,024,204
-58,194,017
-59,218,221
Beginning Fund Balance July 1 30
22,664,094
79,427,047
102,091,141
Ending Fund Balance June 30 31
21639890
21233030
42872920
Passed, approved and adopted this 21s day of September, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
7. Bunker Hill Golf Course Irrigation Phase 2 Project: Proof of publication on a notice of
public hearing to consider the approval of the plans, specifications, form of contract and esti-
mated cost for the Bunker Hill Irrigation Replacement Phase 2 Project and the City Manager
recommending approval. Motion by Braig to receive and file the documents and adopt Reso-
lution No. 328-15 Approval of Plans, Specifications, Form of Contract, and Estimated Cost for
the Bunker Hill Irrigation Replacement Phase 2. Seconded by Connors. Parks Manager Dan
Kroger responded to questions from the City Council regarding Bunker Hill's revenues as an
Enterprise Fund and funding for project costs. Motion carried 6-0.
RESOLUTION NO. 328-15
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED
COST FOR THE BUNKER HILL IRRIGATION REPLACEMENT PHASE 2
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the Bunker
Hill Irrigation Replacement Phase 2, in the estimated cost of $175,042, are hereby approved.
Passed, adopted and approved this 21 st day of September, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
8. Sale of Property - 2525 Windsor Avenue: Proof of publication on notice of public hearing
to consider sale of 2525 Windsor Avenue to Ted Stackis Construction and the City Manager
recommending approval. Motion by Connors to receive and file the documents and adopt
Resolution No. 329-15 Disposing of City Interest in Real Property Located at 2525 Windsor
Avenue, in the City of Dubuque, Iowa. Seconded by Jones. Responding to questions from the
17
City Council, Housing and Community Development Director Alvin Nash provided back-
ground on the property's ownership. Motion carried 6-0.
RESOLUTION NO. 329-15
DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 2525 WINDSOR
AVENUE, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 307-15, dated September 8, 2015, declared
its intent to dispose of City interest in real property located at 2525 Windsor Avenue, legally
described as:
Lot 24 in Stafford's Addition to the City of Dubuque, Iowa (the Property); and
Whereas, pursuant to published notice, a public hearing was held on the proposed disposi-
tion on September 21, 2015 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street,
Dubuque, Iowa; and
Whereas, it is the determination of the City Council that approval of the real estate contract
with Ted Stackis Construction according to the terms and conditions set out in the contract is
in the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. The land contract by and between the City of Dubuque and Ted Stackis Con-
struction for the sale of the Property, a copy attached hereto, is hereby approved.
Section 2. The Mayor and City Clerk are hereby authorized and directed to execute the re-
al estate contract and special warranty deed.
Section 3. Upon satisfaction of all terms and conditions in the real estate contract, the City
Clerk is hereby authorized and directed to cause the special warranty deed to be recorded in
the Office of the Dubuque County Recorder, together with a certified copy of the Resolution.
Passed, approved, and adopted this 21st day of September, 2015.
Lynn V. Sutton, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1. Sister City Relationships Advisory Commission: Chairperson Dick Landis provided a
presentation of the activities of the Commission. Topics included: a history of the Commis-
sion, background on Dubuque's three Sister Cities, Commission activities, outcomes and
strategic planning. Motion by Jones to receive and file the information. Seconded by Resnick.
Motion carried 6-0.
2. Secondhand Dealer Business License Appeal - Ace Construction, 460 West Locust
Street: Louis Mihalakis, owner of Ace Construction, requests that the City Council review his
appeal and that he be heard on the matter regarding the denial of a Secondhand Dealers
Business License for Ace Construction. Restated motion by Lynch to receive and file the
documents and concur with the City Manager's recommendation to deny the license. Se-
conded by Jones. Attorney Susan Hess, 775 Sinsinawa Ave., East Dubuque, IL, abd repre-
senting Mr. Mihalakis, cited his qualifications, contract work for the City of Dubuque, and
acknowledged past violations. She requested that the City Manger's decision be reversed.
Responding to questions by the City Council, Planning Services Manager Laura Carstens
18
provided background on a related previous zoning denial and current code violation. Police
Chief Mark Da!sing provided information on Mr. Mihalakis' criminal record as it pertains to the
City's ordinance. Motion carried 6-0.
3. Name Change Proposal - Multicultural Family Center, 1157 Central Avenue: The Dubu-
que Branch of the NAACP submitting a proposal to rename the Multicultural Family Center
located at 1157 Central Avenue to The Ruby Sutton Multicultural Family Center, and the Mul-
ticultural Family Center Board of Directors submitting correspondence. Mayor Pro Tem Sut-
ton asked that the item be tabled to provide time for her family to grief the loss of her mother.
Jones explained that while the City owns the building, the name of the Center is controlled by
the MFC Board of Directors. Motion by Braig to table the item. Seconded by Lynch. Motion
carried 6-0.
4. Consent to Sale and Release Liens of Property - 759 Bluff Street: City Manager recom-
mending approval of a resolution approving the Agreement to Release Liens and Consent to
Sale, the Amended and Restated Agreement for Covenants and Restrictions, the Release of
Real Estate Mortgage, and Termination of Notes relating to the sale of 759 Bluff Street by
759 Bluff, LP to Hills and Dales Child Development Center. Motion by Jones to receive and
file the documents and adopt Resolution No. 330-15 Approving the Agreement to Release
Liens and Consent to Sale Between 759 Bluff, LP and the City of Dubuque, Iowa, and the
Release of Liens by the City of Dubuque. Seconded by Connors. City Attorney Lindahl ex-
plained the City's lien responsibility with the property. Motion carried 6-0.
RESOLUTION NO. 330-15
APPROVING THE AGREEMENT TO RELEASE LIENS AND CONSENT TO SALE BE-
TWEEN 759 BLUFF, LP AND THE CITY OF DUBUQUE, IOWA, AND THE RELEASE OF
LIENS BY THE CITY OF DUBUQUE
Whereas, 759 Bluff, LP is the owner of certain real estate and improvements thereon local-
ly known as 759 Bluff Street in Dubuque, Iowa (the Real Estate); and
Whereas, 759 Bluff, LP leases the Real Estate to clients of Hills and Dales Child Develop-
ment Center (Hills and Dales), an Iowa nonprofit corporation. Step by Step, Inc. (Step by
Step) is listed as agent in such leases; and
Whereas, Hills and Dales facilitates an accessible residence for 8 persons on the Real Es-
tate consistent with the mission of Hills and Dales and in compliance with the various record-
ed restrictions and required uses of the Real Estate; and
Whereas, 759 Bluff, LP intends to enter into an Offer to Buy Real Estate and Acceptance,
as Seller, with Hills and Dales Child Development Center, as Buyer, for the Real Estate; and
Whereas, the City of Dubuque has various liens against the Real Estate, which liens se-
cure certain grants in favor of 759 Bluff, LP as required by certain restrictions and conditions;
and
Whereas, in consideration of Hills and Dales acquiring the Real Estate, and in further con-
sideration of Hills and Dales agreeing to be bound by the covenants and restrictions on the
Real Estate, the City, in order to carry out the initial intent and purpose of its association with
the Real Estate for the benefit of 759 Bluff, LP and Step by Step, has been requested to
agree and consent to the sale of the Real Estate by 759 Bluff, LP to Hills and Dales, subject
to the conditions in the Agreement to Release Liens and Consent to Sale, including the re-
quirement that the City will agree to release all of the liens (or any other liens in favor of City
with respect to the Real Estate) by appropriate releases of mortgages or a termination of fi-
19
nancing statements or otherwise in order that 759 Bluff, LP may produce marketable record
title to Hills and Dales at the closing as set out in the Offer; and
Whereas, the City Council has determined that approval of the Agreement to Release
Liens and Consent to Sale, and the accompanying Amended and Restated Agreement for
Covenants and Restrictions, Release of Real Estate Mortgage, and Termination of Notes is in
the best interests of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Agreement to Release Liens and Consent to Sale, the Amended and
Restated Agreement for Covenants and Restrictions, the Release of Real Estate Mortgage,
and Termination of Notes are approved.
Section 2. That the City Manager is hereby authorized and directed to take such further
and necessary action as may be necessary to comply with the Agreement to Release Liens
and Consent to Sale, the Amended and Restated Agreement for Covenants and Restrictions,
the Release of Real Estate Mortgage, and Termination of Notes.
Passed, approved and adopted this 21st day of September, 2015.
Lynn V. Sutton, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
5. Code of Ordinances Amendment — Title 14 Plumbing Code Board: City Manager rec-
ommending approval of an ordinance which adds a new Title 14, Chapter 1, Article H, Sec-
tion 14-1 H-7 which establishes the Plumbing Code Board and provides for the powers, op-
eration, membership and meetings. Motion by Jones to receive and file the documents and
that the requirement that a proposed ordinance be considered and voted on for passage at
two Council meetings prior to the meeting at which it is to be passed be suspended. Second-
ed by Connors. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 61-15 Amending
City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building
Codes, Article H Plumbing Code by adopting a new Section 14-1 H-7 Establishing the Plumb-
ing Code Board and providing for the powers, operation, membership, and meetings. Se-
conded by Connors. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 61-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND DE-
VELOPMENT, CHAPTER 1 BUILDING CODES, ARTICLE H PLUMBING CODE BY
ADOPTING A NEW SECTION 14-1H-7 ESTABLISHING THE PLUMBING CODE BOARD
AND PROVIDING FOR THE POWERS, OPERATION, MEMBERSHIP, AND MEETINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 14, Chapter 1, Article H of the City of Dubuque Code of Ordinances is
amended as follows:
14-1H-2: INTERNATIONAL PLUMBING CODE AMENDMENTS: The following additions,
deletions, modifications, or amendments of the international plumbing code, 2012 edition,
adopted in section 14-aH-1 of this article to read as follows:
Sec. 109. Means of Appeal. See 14-1H-3.
20
14-1 H-7: PLUMBING CODE BOARD:
A. Board Created: There is hereby created the Plumbing Code Board.
B. Purpose: The purpose of the board is to determine the suitability of alternative materials
and methods of installation; to provide for reasonable interpretations of the International
Plumbing Code; to serve as an appeal body for the decisions of the building official; and to
advise the city council on all plumbing regulations and procedures.
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
procurement 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. Residents must be eighteen (18) years of age or older.
3. Special Qualifications.
a. One (1) member must hold a license as a journeyman plumber of at least five (5)
years' experience;
b. Two (2) members must be master plumbers who have engaged in the plumbing
business as master plumbers for at least five (5) years in this city;
c. One (1) member must hold a bachelor of science degree in the area of physical
science; and
d. One (1) member must represent the public at -large.
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
member's successor is appointed and qualified.
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 -
chairperson, each to serve a term of one (1) year. The building official, or the building offi-
cial's designee, is the secretary of the board. The board must fill a vacancy among its officers
for the remainder of the officer's unexpired term.
J. Meetings:
1. Regular Meetings. The board must meet as necessary.
2. Special Meetings. Special meetings may be called by the chairperson or at the writ-
ten request of a majority of the members.
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.
21
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 nec-
essary for the adoption of any motion or resolution.
K. Compensation: Members serve without compensation, provided that they may receive
reimbursement for necessary travel and other expenses while on official board business with-
in the limits established in the city administrative policies and budget.
L. Removal: The city council may remove any member for cause upon written charges and
after a public hearing.
M. Powers: The board has the following powers, duties, and responsibilities:
1.To determine the suitability of alternate materials and methods of installation.
2. To provide for reasonable interpretations of the plumbing code.
3. To serve as an appeal body for the decisions of the building official.
4. To advise the city council on all plumbing regulations and procedures.
N. Duties When Serving As An Appeals Board: Any person who is aggrieved by a decision
of the building official on any requirements resulting from the enforcement of the plumbing
code, may appeal from such decision to the plumbing code board and the board will serve as
an appeal board. In case the aggrieved person is a member of the board, the member is dis-
qualified as a member of the board acting as an appeal board for such appeal.
The appeal must be made by the person aggrieved, giving written notice of such appeal to
the building official at the building official's office within seven (7) days of receipt of decision
from which the appeal is taken. The plumbing code board sitting as an appeal board must
meet within seven (7) days after receiving such notice and must render a decision within five
(5) days thereafter. An aggrieved person and the building official have the right to present
their case to the appeal board, whose decision is final unless appealed to the district court as
provided by law.
The board of appeals may reverse or modify a decision of the building official only on find-
ing that:
1. The building official incorrectly interpreted a provision of this code;
2. The decision of the building official creates an unnecessary hardship upon the appel-
lant.
In so modifying or reversing such decision of the building official, the board of appeals may
authorize any alternate to the decision of the building official and the provisions of the plumb-
ing code, provided it finds the proposed material or method of construction is satisfactory for
the use intended and complies with the provisions of this code, and that the material, method,
or work offered is, for the purpose intended, at least equivalent to that prescribed by this code
in suitability, strength, effectiveness, durability, safety, and sanitation.
The board of appeals must require that sufficient evidence or proof be submitted to sub-
stantiate any claims made regarding the use of alternates.
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 this 21st day of September, 2015.
/s/Lynn V. Sutton, Mayor Pro Tem
Attest: /s/Kevin. S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 25th day of September, 2015.
/s/Kevin S. Firnstahl, City Clerk
22
6. Code of Ordinances Amendment — Title 15 Long Range Planning Advisory Commission:
City Manager recommending approval of an ordinance which adds a new Title 15, Chapter 2
which establishes the Long Range Planning Advisory Commission and provides for the pow-
ers, operation, membership and meetings. 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. Se-
conded by Resnick. Motion carried 6-0.
Motion by Lynch for final consideration and passage of Ordinance No. 62-15 Amending
City of Dubuque Code of Ordinances Title 15 Planning and Zoning by Repealing Chapter 2
Long Range Planning Advisory Commission and adopting a Chapter 2 Long Range Planning
Advisory Commission in lieu thereof establishing the Long Range Planning Advisory Com-
mission and providing for the powers, operation, membership, and meetings. Seconded by
Jones. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 62-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 15 PLANNING AND
ZONING BY REPEALING CHAPTER 2 LONG RANGE PLANNING ADVISORY COMMIS-
SION AND ADOPTING A CHAPTER 2 LONG RANGE PLANNING ADVISORY COMMIS-
SION IN LIEU THEREOF ESTABLISHING THE LONG RANGE PLANNING ADVISORY
COMMISSION AND PROVIDING FOR THE POWERS, OPERATION, MEMBERSHIP, AND
MEETINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 15, Chapter 2 of the City of Dubuque Code of Ordinances is hereby re-
pealed and the following adopted in lieu thereof:
CHAPTER 2
LONG RANGE PLANNING ADVISORY COMMISSION
15-2-1: Commission Created: There is hereby created the Long Range Planning Advisory
Commission.
15-2-2: Purpose: The purpose of the commission is to foster the community planning pro-
cess, develop policies, goals, plans, and management tools based on a consensus of com-
munity values, and help guide the community's future development, public policies, and deci-
sion-making.
15-2-3: Internal Organization and Rules: The commission 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.
15-2-4: Procedures for Operation: All administrative, personnel, accounting, budgetary,
and procurement policies of the city govern the commission in all its operations.
15-2-5: Membership:
A. The commission comprises seven (7) residents of the city, appointed by the city
council.
B. Residents must be eighteen (18) years of age or older.
C. Qualifications.
1. All members must be qualified by their knowledge, experience, and ability to con-
tribute to the city's long range planning and development efforts.
15-2-6: Oath: Each person, upon appointment or reappointment to the commission, must
execute an oath of office at the first meeting of the commission following the appointment or
reappointment or at the city clerk's office any time prior to the first meeting of the commission.
23
15-2-7: Terms: The term of office for commissioners is three (3) years or until such com-
missioner's successor is appointed and qualified.
15-2-8: Vacancies: Vacancies must be filled in the same manner as original appointments.
15-2-9: Officers/Organization: The commissioners must choose annually a chairperson
and vice-chairperson, each to serve a term of one (1) year. The chairperson must appoint a
secretary, who need not be a member of the commission. The commissioners must fill a va-
cancy among its officers for the remainder of the officer's unexpired term.
15-2-10: MEETINGS:
A. Regular Meetings. The commission must meet monthly.
B. Special Meetings. Special meetings may be called by the chairperson or at the writ-
ten request of a majority of the commissioners.
C. Open Meetings. All meetings must be called and held in conformance with the Iowa
Open Meetings Law.
D. Attendance.
1. In the event a commissioner has been absent for three (3) or more consecutive
meetings of the commission, without being excused by the chairperson, such ab-
sence will be grounds for the commission to recommend to the city council that the
position be declared vacant and a replacement appointed.
2. Attendance must be entered upon the minutes of all meetings.
E. Minutes. A copy of the minutes of all regular and special meetings of the commission
must be filed with the city council within ten (10) working days after each meeting, or by
the next regularly scheduled city council meeting, whichever is later.
F. Quorum. Four (4) commissioners constitute a quorum for the transaction of business.
The affirmative vote of a majority of the commissioners present and voting is necessary
for the adoption of any motion or resolution.
15-2-11: Compensation: Commissioners serve without compensation, provided that they
may receive reimbursement for necessary travel and other expenses while on official com-
mission business within the limits established in the city administrative policies budget.
15-2-12: Removal: Except as provided in 15-2-10(D)(1), the city council may remove any
commissioner for good cause.
15-2-13: Powers: The commission has the following powers, duties, and responsibilities:
A. To provide a leadership role in the planning, coordinating, and sponsoring of a peri-
odic community planning process;
B. To coordinate and supervise the preparation and maintenance of the comprehensive
plan;
C. To provide input to the city manager in the preparation of the city manager's recom-
mended multi-year capital improvement program;
D. To make comprehensive studies of the present condition and the future growth of the
city to provide input into the community planning process and to guide and accomplish a
coordinated, consistent, and harmonious development in accordance with the present
and future needs thereof to the end that the health, safety, morals, order, convenience,
prosperity, and general welfare may be promoted;
E. To make or cause to be made such surveys, studies, maps, plans, or charts of the
City with due regard to its relation to neighboring territory as may be determined as
necessary to carry out the purposes of the commission;
F. To recommend amendments to all or parts of the comprehensive plan in response to
the community planning process, upon its own initiative or upon recommendation pre-
sented by the Zoning Advisory Commission, but only after a public hearing;
24
G. To review proposed urban renewal plans, urban renewal plan amendments, urban
revitalization plans, and urban revitalization plan amendments for consistency with the
comprehensive plan;
H. To undertake public information efforts to enhance public understanding of the com-
munity planning process generally and the comprehensive plan specifically; and
I. To undertake from time to time other specific long range planning projects which may
be referred to the commission by the city council.
Section 2. Nothing herein effects the term of any person serving as a commissioner as of
the effective date of this Ordinance.
Section 3. This Ordinance takes effect upon publication.
Passed, approved and adopted this 21st day of September, 2015.
/s/Lynn V. Sutton, Mayor Pro Tem
Attest: /s/Kevin. S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 25th day of September, 2015.
/s/Kevin S. Firnstahl, City Clerk
COUNCIL MEMBER REPORTS
Council Member Resnick reported on the 30th anniversary of Dubuque Main St. and con-
gratulated its staff on their dedication.
There being no further business, upon motion the City Council adjourned at 8:51 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
25