10 19 15 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:00 p.m. on October 19, 2015 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on Enhanced Neighborhood Support.
WORK SESSION
Enhanced Neighborhood Support
City Manager Van Milligen presented and read an introductory memo. Planning Ser-
vices Manager Laura Carstens introduced staff and community partners: Neighborhood
Development Specialist Jerelyn O'Connor, Police Chief Mark Dalsing, Civil Engineer
Dave Ness, City Engineer Gus Psihoyos, Housing & Community Development Director
Alvin Nash, Assistant City Attorney Crenna Brumwell, Public Information Officer Randy
Gehl, Human Rights Director Kelly Larson, Brand Morgan and Ken Anthony of Alliant
Energy, David Harris of Community Housing Initiatives (CHI), and Eric Dregne of the
Community Foundation of Greater Dubuque. Topics included:
A. Overview
• Relationship to the City's Comprehensive Plan
• Community -Wide Effort: Focus Areas = funding opportunities
B. Short -Term Actions
1 Neighbors: Feedback, Activities; Neighborh2Neighbor Initiative; Neighborhood in-
volvement and communication
2. Protect & Serve: Enhanced police presence; Community Oriented Policing; of-
ficer expansion plan; special enforcement; working with property owners; emergen-
cy partnerships (ID4PD, Tri -States' Most Wanted, Submit a Tip, Crime Stoppers);
security cameras
3. Additional security cameras installation and locations
4. Enhanced street lighting and placement guidelines; LED replacements; street
lighting inventory; replacement status and future plans
5. Acquisition of challenged properties: guiding documents, management tools and
resources; monitoring problem properties; housing accountability by landlords and
residents; petition property status
6. Renovation/rehabilitation of residential properties: housing & community devel-
opment partners; housing rehab programs; housing revitalization; residential rehab
report; Community Housing Initiative (CHI)
7. Communications: relationship to the City's Comprehensive Plan; PSA's, videos,
handouts, MyDBQ app; yard lighting incentive program;
C. Neighborhood -Based Initiatives
1. Washington Neighborhood redevelopment strategy; market analysis; 2015
business outreach;
D. Community Partnerships
1. Inclusive Dubuque, Project HOPE, Grade Level Reading, student re-
engagement, Circles Initiative
A question/answer period with the City Council followed the presentation.
There being no further business, upon motion the City Council adjourned at 6:23 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in reg9ular session at 6:30 p.m. on October 19, 2015 in
the Historic Federal Building, 350 W. 6� Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
INTRODUCTIONS
Assistant City Manager Cindy Steinhauser introduced two of the four representatives
for this year's International City/County Management Association's Fellowship Ex-
change Program: Mr. Indra Noviansyah of Indonesia and Mr. Mohamad Shafie Bin Taib
of Meleka, Malaysia.
PROCLAMATIONS
Hunger and Homelessness Awareness Month (November 2015) was accepted by
"Lisa" in testimony of her experience at the Maria House, 1561 Jackson St.
Mississippi River Cities and Towns Initiative was accepted by Stacey Williams of the
Mississippi River Network and Jessica Zimmerman of 1 Mississippi Campaign.
Gentlemen Day (October 21, 2015) was accepted by Tara Beck of Waypoint Ser-
vices 318 5th St. SE, Cedar Rapids and representatives of Waypoint Services Dubuque.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Connors. Motion carried 7-0.
1. Minutes and Reports Submitted: Cable TV Commission of 8/5; City Council Pro-
ceedings of 10/5; Civil Service Commission of 9/10; Human Rights Commission of 9/14,
9/16; Library Board of Trustees of 8/18, 8/27; Library Board of Trustees Council Update
of 9/24; Zoning Advisory Commission of 10/7; Zoning Board of Adjustment of 9/24;
Proof of Publication for City Council Proceedings of 9/21; Proof of Publication for Delin-
quent Water, Sewer, Refuse and Stormwater Collection Accounts of 9/18, 9/25. Upon
motion the documents were received and filed.
2. Notice of Claims and Suits: Joshua Canon for defamation/harassment, Joyce
Hammill for personal injury/property damage. Upon motion the documents were re-
ceived, filed and referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Joshua Canon for defamation; Joyce Hammill for personal injury/property
damage. Upon motion the documents were received, filed and concurred.
4. 2014 Water Fluoridation Quality Award: Correspondence from Bob Russell of the
Iowa Department of Public Health informing the City that the Centers for Disease Con-
trol and Prevention has awarded the City of Dubuque's water system with the 2014 Wa-
ter Fluoridation Quality Award. Upon motion the documents were received and filed.
5. Sustainable Dubuque Community Grant Recommendations: City Manager recom-
mending approval of a grant request from the Sustainable Dubuque Community Grant
program. Upon motion the documents were received, filed and approved.
6. Lead Hazard Control Grant Agreement: City Manager recommending approval of a
resolution authorizing the Mayor to sign a Lead Hazard Control Grant Agreement with
the U.S. Department of Housing and Urban Development for the program performance
period beginning November 2, 2015 and ending October 31, 2018. Upon motion the
documents were received and filed and Resolution No. 353-15 Authorizing execution of
a Lead Hazard Control Grant Agreement with the U.S. Department of Housing and Ur-
ban Development was adopted.
RESOLUTION NO. 353-15
AUTHORIZING EXECUTION OF A LEAD HAZARD CONTROL GRANT AGREEMENT
WITH THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Whereas, the U.S. Department of Housing and Urban Development has approved
funds in the amount of $3,230,815 for the Lead Hazard Control Program for a thirty-six -
month performance period commencing November 2, 2015 and ending October 31,
2018; and
Whereas, a grant agreement covering the activities proposed to be carried out with
the Lead Hazard Control Grant funds has been transmitted to the City of Dubuque by
the U. S. Department of Housing and Urban Development.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Funding Approval/Agreement, authorized by the U.S. Department
of Housing and Urban Development beginning November 2, 2015 for a Lead Hazard
Control Grant to the City of Dubuque in the amount of $3,230,815 and identified as
Grant Number IALHB0604-15 is hereby accepted.
Section 2. That the Mayor of the City of Dubuque be and he is hereby authorized and
directed to execute said Agreements on behalf of the City of Dubuque, Iowa.
Passed, approved and adopted this 19th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
7. Mississippi River Watershed Report Card: City Manager transmitting information
from America's Watershed Initiative regarding the Mississippi River watershed. Upon
motion the document was received and filed.
8. Yard Lighting Initiative: City Manager recommending approval of changes to the
Yard Lighting Initiative that provides a match to property owners who install either front -
yard or rear -yard lighting that improves lighting levels on sidewalks and alleys. Upon
motion the documents were received, filed and approved.
9. EB Lyons Recreation Area Expansion Project Acceptance: City Manager recom-
mending acceptance of the construction contract for the EB Lyons interpretive Area Ex-
pansion Project, as completed by Portzen Construction, Inc. Upon motion the docu-
ments were received and filed and Resolution No. 354-15 Accepting the EB Lyons In-
terpretive Area Expansion Project and authorizing the payment of the contract amount
to the contractor was adopted.
RESOLUTION NO. 354-15
ACCEPTING THE EB LYONS INTERPRETIVE AREA EXPANSION PROJECT AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC-
TOR
Whereas, the Public Improvement Contract for the EB Lyons Interpretive Area Ex-
pansion Project (the Project) has been completed and the City Engineer has examined
the work and filed a certificate stating that the Project has been completed according to
the terms of the Public Improvement Contract and that the City Engineer recommends
that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
EB Lyons Expansion fund for the contract amount of $969,020.37 less any retained
percentage provided for therein as provided in Iowa Code chapter 573, and to pay such
retainage only in accordance with the provisions of Iowa Code chapter 573.
Passed, approved and adopted this 19th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Asbury Road Pavement Rehabilitation Project Acceptance: City Manager rec-
ommending acceptance of the public improvement construction contract for the 2015
Asbury Road Pavement Rehabilitation Project as completed by Iowa Erosion Control,
Inc. Upon motion the documents were received and filed and Resolution No. 355-15
Accepting the 2015 Asbury Road Pavement Rehabilitation Project and authorizing the
payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 355-15
ACCEPTING THE 2015 ASBURY ROAD PAVEMENT REHABILITATION PROJECT
AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CON-
TRACTOR
Whereas, the Public Improvement Contract for the 2015 Asbury Road Pavement Re-
habilitation (the Project) has been completed and the City Engineer has examined the
work and filed a certificate stating that the Project has been completed according to the
terms of the Public Improvement Contract and that the City Engineer recommends that
the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
2015 Asbury Road Pavement Rehabilitation Project (CIP 3002482), for the contract
amount of $354,821.83 less any retained percentage provided for therein as provided in
Iowa Code chapter 573, and to pay such retainage only in accordance with the provi-
sions of Iowa Code chapter 573.
Passed, approved and adopted this 19th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Miller Riverview Parking Pad Project Acceptance: City Manager recommending
acceptance of the public improvement construction contract for the Miller Riverview
Park — Concrete Pads Project, as completed by Midwest Concrete, Inc. Upon motion
the documents were received and filed and Resolution No. 356-15 Accepting the Miller
Riverview Park - Concrete Pads Project and authorizing the payment to the contractor
was adopted.
RESOLUTION NO. 356-15
ACCEPTING THE MILLER RIVERVIEW PARK — CONCRETE PADS PROJECT AND
AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the Miller Riverview Park — Concrete
Pads Project (the Project) has been completed by the Contractor, Midwest Concrete
Inc. (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 $41,515.53; and
Whereas, the Contractor has previously been paid $39,439.75, leaving a balance of
$2,075.78; and
Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, 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 bal-
ance of the retainage of $2,075.78 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 19th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. East Central Intergovernmental Association (ECIA) - 5th Amendment to CDBG
Grant Administration: City Manager recommending approval of Amendment #5 to East
Central Intergovernmental Association's (ECIA) Contract for Administrative Services for
the Linseed Oil Building portion of the City's Community Development Block Grant
(CDBG) contract #08-DRH-212. Upon motion the documents were received and filed
and Resolution No. 357-15 Approving Amendment #5 to the contract with East Central
Intergovernmental Association for Grant Administration of CDBG Contract #08-DRH-
212 with the Iowa Economic Development Authority was adopted.
RESOLUTION NO. 357-15
APPROVING AMENDMENT #5 TO THE CONTRACT WITH EAST CENTRAL INTER-
GOVERNMENTAL ASSOCIATON FOR GRANT ADMINISTRATION OF CDBG CON-
TRACT #08-DRH-212 WITH THE IOWA ECONOMIC DEVELOPMENT AUTHORITY
Whereas, the City of Dubuque (City) and East Central Intergovernmental Association
(ECIA) entered into a Contract for Services (the Contract) for the administration of
CDBG Contract #08-DRH-212 (the Grant), as amended; and
Whereas, the work necessary to complete the proper administration of the Grant has
increased due to unexpected and extended routine investigation from the US Depart-
ment of Labor; and
Whereas, City and ECIA desire to amend the Contract as set forth in the attached
Amendment #5.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Amendment #5 to the Contract for Services is hereby approved.
Passed, approved, and adopted this 19th day of October 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Grant of Permanent Easement and Agreement - Bus Shelter at St. Mary's Apart-
ments: City Manager recommending approval of an Easement Agreement and accept of
the Grant of Easement from St. Mary's Apartments of Dubuque, LLC, 2955 Kaufmann
Avenue, to facilitate the construction and on-going maintenance of bus shelters at that
location. Upon motion the documents were received and filed and Resolution No. 358-
15 Approval of an Agreement and accepting a Grant of Permanent Easement for a bus
shelter located at St. Mary's Apartments of Dubuque, 2955 Kaufmann Avenue, in Dubu-
que, Iowa, was adopted.
RESOLUTION NO. 358-15
APPROVAL OF AN AGREEMENT AND ACCEPTING A GRANT OF PERMANENT
EASEMENT FOR A BUS SHELTER LOCATED AT ST. MARY'S APARTMENTS OF
DUBUQUE, 2955 KAUFMANN AVENUE, IN DUBUQUE, IOWA
Whereas, St. Mary's Apartments of Dubuque, LLC., the property owner of Lot 1-1-2-
1-2-1-3 of St Mary's Place (St. Mary's Apartments), has executed an Easement Agree-
ment and granted a Permanent Easement dated October 6, 2015, for a bus shelter over
said lot.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac-
cepts and consents to the Easement Agreement and Grant of Permanent Easement for
a bus shelter located on a part of Lot 1-1-2-1-2-1-3 of St Mary's Place (St. Mary's
Apartments of Dubuque, 2955 Kaufmann Avenue), in the City of Dubuque, Dubuque
County, Iowa, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution in the offices of the City Assessor, Dubuque County Re-
corder and Dubuque County Auditor.
Passed, approved and adopted this 19th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Development Agreement Amendment - 1576-1580 Locust Street / Weaver Cas-
tle, LLC: City Manager recommending approval of the First Amendment to Development
Agreement with Weaver Castle, LLC which extends the completion date for the rede-
velopment of the property at 1576-1578-1580 Locust Street to December 31, 2015. Up-
on motion the documents were received and filed and Resolution No. 359-15 Approving
the First Amendment to the Development Agreement between the City of Dubuque, Io-
wa and Weaver Castle, LLC was adopted.
RESOLUTION NO. 359-15
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) en-
tered into a Development Agreement dated for reference purposes the 6th day of April,
2014 for the redevelopment of the property at 1576-1578-1580 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
DUBUQUE, IOWA:
Section 1. The City Council hereby approves the First Amendment to Development
Agreement.
Section 2. The Mayor is authorized and directed to sign the First Amendment to De-
velopment Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 19t day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Development Agreement Amendment - 346-348 W. Locust Street / Weaver Cas-
tle, LLC: City Manager recommending approval of the Second Amendment to Develop-
ment Agreement with Weaver Castle, LLC which extends the completion date for the
redevelopment of the property at 346-348 West Locust Street to December 31, 2016.
Upon motion the documents were received and filed and Resolution No. 360-15 Ap-
proving the Second Amendment to the Development Agreement between the City of
Dubuque, Iowa and Weaver Castle, LLC was adopted.
RESOLUTION NO. 360-15
APPROVING THE SECOND 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) en-
tered into a Development Agreement dated for reference purposes the 21st day of Au-
gust, 2013 for the redevelopment of the property at 346-348 West Locust Street, which
Development Agreement required Developer to complete certain Minimum Improve-
ments described therein; and
Whereas the First Amendment to Development Agreement, dated the 16th day of
March, 2015, extended the substantial completion date of the Minimum Improvements
to December31, 2015; and
Whereas City and Developer now desire to amend the Development Agreement as
set forth in the Second Amendment to Development Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby approves the Second Amendment to Develop-
ment Agreement.
Section 2. The Mayor is authorized and directed to sign the Second Amendment to
Development Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 19th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Release of Mortgage - 1500 Radford Road: City Manager recommending ap-
proval of a resolution authorizing the Mayor to sign the Release of Real Estate Mort-
gage. Upon motion the documents were received and filed and Resolution No. 361-15
Approving a Release of Mortgage by the City of Dubuque, Iowa on the property at 1500
Radford Road owned by Kevin F. Freiburger and Lee Ann Freiburger (Precision Tool &
Engineering, Inc.) was adopted.
RESOLUTION NO. 361-15
APPROVING A RELEASE OF MORTGAGE BY THE CITY OF DUBUQUE, IOWA ON
THE PROPERTY AT 1500 RADFORD ROAD OWNED BY KEVIN F. FREIBURGER
AND LEE ANN FREIBURGER (PRECISION TOOL & ENGINEERING, INC.)
Whereas, in 1996, the City of Dubuque (City) entered into a Loan Agreement with
Precision Tool & Engineering, Inc. (the Company) for the expansion and relocation of
the Company to the Dubuque Industrial Center; and
Whereas, City agreed to provide Company with a $30,000 Community Development
Block Grant (CDBG) low interest loan; and
Whereas ECIA Business Growth, Inc. agreed to provide Company with a $92,000
loan; and
Whereas, the Loans were secured by a mortgage on the property legally described
as Lot 1 of Dubuque Industrial Center 10th Addition, in the City of Dubuque, Iowa, local-
ly known as 1500 Radford Road (the Property); and
Whereas, the Loans were paid in full in a timely manner; and
Whereas ECIA Business Growth, Inc. released its interest in the mortgage on Octo-
ber 24, 2007; and
Whereas, Company now wishes to sell the Property and has requested a release of
the mortgage by City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Release of Mortgage attached hereto is hereby approved.
Section 2. The Mayor is authorized and directed to execute the Release of Mortgage
on behalf of the City of Dubuque.
Passed, approved and adopted this 19th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Timber Hyrst Subdivision No. 4 - Storm Water Detention Facility and Storm Water
Impoundment Easement Acceptance City Manager recommending acceptance of a
Grant of Storm Water Detention Facility and Storm Water Impoundment Easement from
North Cascade Road Developers LLC as part of the Timber-Hyrst Estates No. 4 over -
detention project. Upon motion the documents were received and filed and Resolution
No. 362-15 Accepting a Grant of Storm Water Detention Facility and Storm Water Im-
poundment Easement through, over and across parts of Lot H, Lot 91, Lot 98 and Lot
99 of Timber-Hyrst Estates No. 4, in the City of Dubuque, Dubuque County, Iowa, was
adopted.
RESOLUTION NO. 362-15
ACCEPTING A GRANT OF STORM WATER DETENTION FACILITY AND STORM
WATER IMPOUNDMENT EASEMENT THROUGH, OVER AND ACROSS PARTS OF
LOT H, LOT 91, LOT 98, AND LOT 99 OF TIMBER-HYRST ESTATES NO. 4, IN THE
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, North Cascade Road Developers LLC has executed an Easement for
Storm Water Detention Facility and Storm Water Impoundment, and Other Appurte-
nances through, under and across Parts of Lot H, Lot 91, Lot 98, and Lot 99 of Timber-
Hyrst Estates No. 4, in the City Of Dubuque, Dubuque County, Iowa. Said easement
has been filed and recorded in the Dubuque County Recorder's Office as File Number
2015-00011964.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac-
cepts and consents to the Grant of Storm Water Detention Facility and Storm Water Im-
poundment Easement through, over and across Parts of Lot H, Lot 91, Lot 98, and Lot
99 of Timber-Hyrst Estates No. 4, in the City of Dubuque, Dubuque County, Iowa from
North Cascade Road Developers 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.
Passed, approved and adopted this 19th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18. Civil Service Commission: Civil Service Commission submitting the Certified Lists
for the positions of Accountant, Equipment Operator I, Equipment Operator II, and Sani-
tation Driver. Upon motion the documents were received, filed and made a Matter of
Record.
September 17, 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 Equipment Operator I was administered on August 18, 2015. We hereby certify that
the individuals 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.
Equipment Operator I
1 Jason DeMaio
2 Alan Sabers
3 Michael Conner
4 Matt Cooper
5 Christopher Kennedy
6 Daniel Sister
7 Jeffrey Leibold
8 Barbara Liska
9 Brian Heim
10 Jordan Thul
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
September 17, 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 Equipment Operator II was administered on August 13, 2015. We hereby certify that
the individuals 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.
Equipment Operator!!
1 Gary Valentine
2 Nicholas Wilson
3 Jerome Ben
4 Daniel Mayne
5 Matt Cooper
6 Christian Kloft
7 William Gansen
8 Jeffrey Leibold
9 Barbara Liska
10 Matt Herman
Eligible Employees:
Dennis Richey
Alan Sabers
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
September 17, 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 Sanitation Driver was administered on July 28, 2015. We hereby certify that the indi-
viduals listed below have passed this written examination and the vacancy for this posi-
tion should be made from this list and that this list is good for two (2) years from above
date.
Sanitation Driver
1 Doug Kuehn
2 Dave Weis, 11
3 Todd Kaiser
4 Robert Lenaerts
5 Justin Licht
6 Michael Terry
7 Drew Noel
8 Kevin Ruggles
9 Richard Zeller
10 William Hefei
11 James Healey
12 Nicholas McLaughlin
13 Jordan Thul
14 Dustin Rector
15 Ryan Voss
16 Kristine Blakeman
17 John Doyle
18 Aaron Lincoln
19 Chris Maiden
20 Jason McCann
21 Tim Neuhaus
22 Dale Richardson
23 Shannon Clark
24 Jacob Hedley
25 Dennis Heiderscheit
26 Jacob Freund
27 Nathan Mohr
28 Justin Pergande
29 Brent Volkert
30 Nicholas Ede
31 Anthony McAndrew
32 Daniel Petersen
33 Chris Watters
34 Jeff Boge
35 Dennis Brayton
36 Derek Duehr
37 John Kirk
38 Thomas Pinzger
39 Caleb Schulz
40 James Bernal
41 Adrian Hughes -Colon
42 Jon Lucas
43 Jeffrey Nauman
44 Jacob Trierweiler
45 Aaron Young
Eligible Employee:
Matt Cooper
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
19. PEG Capital Grant Expenditure Request: City Manager recommending approval
of the Cable TV Commission recommendations for funding from the Public, Educational,
and Government (PEG) Capital Grant for Access Equipment and Facilities for the City
of Dubuque to purchase a new HD on -air playback server and a new on -air graphics
bulletin board service. Upon motion the documents were received, filed and approved.
20. Declaration of Official Intent to Reimburse Expenses Relating to Certain Fiscal
Year 2016 Bond Projects: City Manager recommending approval of the Declaration of
Official Intent Resolution for Fiscal Year 2016 capital projects that are funded by an up-
coming bond issuance in February 2016 allowing the City to reimburse itself from bond
proceeds for expenditures incurred prior to the actual sale of the bonds. Upon motion
the documents were received and filed and Resolution No. 363-15 Declaring an Official
Intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for certain
original expenditures paid in connection with the Fiscal Year 2016 Projects was adopt-
ed.
RESOLUTION NO. 363-15
DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO
ISSUE DEBT TO REIMBURSE THE CITY FOR CERTAIN ORIGINAL EXPENDI-
TURES PAID IN CONNECTION WITH THE FISCAL YEAR 2016 PROJECTS
Whereas, the City anticipates making cash expenditures for capital improvement pro-
jects generally described as Airport New Terminal Roads and Apron, Airport New Ter-
minal Parking Phases 1 & 2, Cedar and Terminal Street Force Mains Lift Station As-
sessment and Improvements, Relocation of 30" Force Main around Old Public Works
Garage, Sanitary Sewer Lining Program, Sanitary Sewer Manhole Replacement Pro-
gram, Street Program Related Sanitary Improvements, Track Line Sanitary Sewer
Cleaning and Lining, Washington Street Sanitary Sewer — 7th to 9th Street, Catfish Creek
Interceptor Sewer, Granger Creek Interceptor Sewer, and Catfish Creek Force Main
and Lift Station Improvements, Transit Soil Contamination Testing, Water Airport Utility
Extension — Radio/SCADA System, Water Main Relocation for Sanitary Sewer Manhole
Replacement/Rehabilitation Project, Outfall Manhole Reconstruction, and Fats Oil and
Grease Receiving Station Project (hereinafter referred to as the "Projects"); and
Whereas, the City reasonably expects to issue debt to reimburse the costs of the
Projects; and
Whereas, the Council believes it is consistent with the City's budgetary and financial
circumstances to issue this declaration of official intent.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Resolution be and does hereby serve as a declaration of official
intent under Treasury Regulation 1.150-2.
Section 2. That it is reasonably expected that capital expenditures will be made in re-
spect of the Projects, from time to time and in such amounts as this Council determines
to be necessary or desirable under the circumstances then and there existing, and this
Council reasonably expects to reimburse all or a portion of such expenditures with the
proceeds of bonds, notes or other indebtedness to be issued or incurred by the City in
the future.
Section 3. That the total estimated costs of the Projects, the maximum principal
amount of the bonds, notes or other indebtedness to be issued for the foregoing Pro-
jects and the estimated date of completion of the Projects is reasonably expected to be
as follows:
Project
Funds from
which Original
expenditures
are to be Ad-
vanced
Total
Estimated
Cost
Amount of
Borrowing
Anticipated
Estimated Date
of Completion
Airport Roads& Apron
Sales Tax Fund
$231,086
$231,086
June 2016
Airport Parking Phas-
es 1 &2
Sales Tax Fund
$394,243
$394,243
June 2016
Cedar & Terminal St.
Sanitary Fund
$250,000
$250,000
December 2016
Force Mains Lift Sta-
tion Assessment &
Improv. Relocation of
30" Force Main
Sanitary Fund
$350,000
$350,000
December 2016
Sanitary Sewer Lining
Program
Sanitary Fund
$525,000
$525,000
March 2016
Sanitary Sewer Man-
hole Replacement
Program
Sanitary Fund
$295,000
$295,000
May 2016
Project
Funds from
which Original
expenditures
are to be Ad-
vanced
Total Es-
timated
Cost
Amount of
Borrowing
Anticipated
Estimated Date
of Completion
Street Program Relat-
ed Sanitary Improve-
ments
Sanitary Fund
$50,000
$50,000
July 2016
Track Line Sanitary
Sewer Cleaning & Lin-
ing
Sanitary Fund
$125,000
$125,000
June 2016
Washington Street
Sanitary Sewer 7th to
9th
Sanitary Fund
$135,000
$135,000
December 2016
Catfish Creek,
Granger Creek Inter-
Sanitary Fund
$250,000
$250,000
March 2016
ceptor Sewer, & Cat-
fish Creek Force Main
& Lift Station
Transit Soil Contami-
nation Testing
Greater Down-
town TIF Fund
$15,949
$15,949
December 2015
Water Airport Utility
Ext. Radio/SCADA
Water Fund
$65,000
$65,000
April 2016
Water Main Reloca-
tion For Sanitary
Sewer Manhole
Replacement
/Rehabilitation
Water Fund
$20,000
$20,000
December 2015
Outfall Manhole Re-
construction
Sanitary Fund
$315,000
$315,000
December 2016
Fats Oil and Grease
Receiving Station
Sanitary Fund
$75,000
$75,000
December 2016
Section 4. That the City reasonably expects to reimburse the above-mentioned Pro-
ject costs not later than the later of eighteen months after the capital expenditures are
paid or eighteen months after the property is placed in service.
Section 5. That this Resolution be maintained by the City Clerk and available at all
times for public inspection, subject to such revisions as may be necessary.
Passed and approved this 19th day of October, 2015.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
21. Canadian Pacific Railroad Tip Towers Installation: Communication from Canadian
Pacific Railroad advising the City of its plan to install five, 40 -foot tip towers within the
railroad's right-of-way inside the City limits. Upon motion the document was received,
filed and referred to Planning Services.
22. Pre -Annexation Agreement - Spiegel Family Realty Company Iowa, LLC: City
Manager recommending approval of the Spiegel Family Realty Company Iowa, LLC
Pre -Annexation Agreement in conjunction with the request for approval of the Final Plat
of Silver Oaks No. 2 in Dubuque County. Upon motion the documents were received
and filed and Resolution No. 364-15 Approving a Pre -Annexation Agreement between
the City of Dubuque, Iowa, and Spiegel Family Realty Company Iowa, LLC was adopt-
ed.
RESOLUTION NO. 364-15
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND SPIEGEL FAMILY REALTY COMPANY IOWA, LLC.
Whereas, Spiegel Family Realty Company Iowa, LLC, the owner of the following de-
scribed 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:
The North 1,010 feet, except the East 660 feet thereof, of the NW % of the NE 1/4
of Section 26, T88N, R2E of the 5th PM of Dubuque County, Iowa, excluding the
part thereof conveyed to the State of Iowa by Warranty Deed for highway purpos-
es recorded in Book of Lands No. 57 Pages 499 & 500, and as shown on the Plat
thereof, in Book of Plats No. 34, Page 335, and in Instrument No. 979-1995,
Dubuque County Records; and
Whereas, Spiegel Family Realty Company Iowa LLC, has entered into a Pre-
annexation Agreement with the City of Dubuque a copy of which is attached hereto
governing the future annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property
in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan
of the City of Dubuque, necessary for the future orderly growth and development of the
City of Dubuque, and will promote efficient and cost effective extension of municipal
services; and
Whereas, the City Council finds that the annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Spiegel Family Realty
Company Iowa, LLC and the City of Dubuque is hereby approved.
Passed, approved and adopted this 19th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
23. Parking Division Position Reclassification: City Manager recommending approval
to create one additional Parking System Technician and eliminating one Parking Meter
Service -worker I position in the Parking Division. Upon motion the documents were re-
ceived, filed and approved.
24. Alcohol and Tobacco License Applications: City Manager recommending approv-
al of annual liquor, beer, wine and tobacco license applications as submitted. Upon mo-
tion the documents were received and filed and Resolution No. 365-15 Approving appli-
cations for beer, liquor, and/or wine permits, as required by City of Dubuque Code of
Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article
B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 366-15 Approving
applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Io-
wa Code 453A.47A were adopted.
RESOLUTION NO. 365-15
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 LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted
and filed with the City Council for approval and the same have been examined and ap-
proved; and
Whereas, the premises to be occupied by such applicants were inspected and
found to comply with the Ordinances of the City and the applicants have filed the proper
fees and bonds and otherwise complied with the requirements of the Code of Ordinanc-
es.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Dog House Lounge
16469 Asbury Rd.
Class C Liquor (Outdoor) (Sunday)
Kwik Stop
1200 Cedar Cross Rd.
Class E Liquor, Class B Native
Wine, Class C Beer (Sunday)
Target
3500 Dodge St.
Class E Liquor, Class B Wine,
Class C Beer (Sunday)
Passed, approved and adopted this 19th day of October, 2015.
Attest: Kevin S. Firnstahl, City Clerk
Roy D. Buol, Mayor
RESOLUTION NO. 366-15
APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NIC-
OTINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A
Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed
with the City Council for approval and the same have been examined and approved;
and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
following named applicants and locations for cigarette/tobacco sales permit.
The Altered State
1533 Central Ave.
Passed, approved and adopted this 19th day of October, 2015.
Roy D. Buol, Mayor
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. Seconded by Connors. Motion carried 7-0.
1. Bee Branch Creek Basin Overlook and 22nd Street Parking Lot Project: City Man-
ager recommending approval of the plans, specifications, form of contract and the esti-
mated cost for the Bee Branch Creek — Basin Overlook and 22nd Street Parking Lot Pro-
ject and setting November 2, 2015 as the date for public hearing. Upon motion the doc-
uments were received and filed and Resolution No. 367-15 Bee Branch Creek - Basin
Overlook & 22nd Street Parking Lot Project, Iowa DOT Project NO. TAP -U-2100(683)--
81-31 was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
November 2, 2015 in the Historic Federal Building.
RESOLUTION NO. 367-15
BEE BRANCH CREEK — BASIN OVERLOOK & 22ND STREET PARKING LOT PRO-
JECT, IOWA DOT PROJECT NO. TAP -U -2100(683)--8I-31 PRELIMINARY APPROV-
AL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST;
SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The proposed plans, specifications, form of contract and estimated cost for
the Bee Branch Creek — Basin Overlook & 22nd Street Parking Lot Project, Iowa DOT
Project No. TAP -U-2100(683)--81-31, in the estimated amount of $1,554,402.00, are
hereby preliminarily approved and ordered filed in the office of the City Clerk for public
inspection.
Section 2. A public hearing will be held on the 2nd day of November, 2015, at 6:30
p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th
Street, Dubuque, Iowa at which time interested persons may appear and be heard for or
against the proposed plans and specifications, form of contract and estimated cost of
said Project, and the City Clerk be and is hereby directed to cause the attached notice
of the time and place of such hearing to be published in a newspaper having general
circulation in the City of Dubuque, Iowa, which notice shall be published not Tess than
four days nor more than twenty days prior to the date of such hearing. At the hearing,
any interested person may appear and file objections to the proposed plans, specifica-
tions, form of contract, or estimated cost of the Project.
Passed, approved and adopted this 19th day of October, 2015.
Roy D. Buo1, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Sale of Property - 767 University Avenue: City Manager recommending setting a
public hearing for November 2, 2015 on the proposed sale of the City lot located at 767
University Avenue to Habitat for Humanity. Upon motion the documents were received
and filed and Resolution No. 368-15 Intent to dispose of an interest in City of Dubuque
real estate, setting a time and place for hearing and providing for the publication thereof
was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on No-
vember 2, 2015 in the Historic Federal Building.
RESOLUTION NO. 368-15
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE,
SETTING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUBLI-
CATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) is the owner of 767 University Avenue (the
Property) legally described as:
Tract I: Lot 1 of Lot 2 of Lot 3 of the Subdivision of Out Lot 738 in the City of
Dubuque, 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, Io-
wa, according to the recorded plat thereof the City of Dubuque, Iowa; and
Whereas, City was gifted this property/lot from Wells Fargo Bank in September 2014,
along with $20,000 to be used toward the cost of deconstruction or renovation of a va-
cant duplex on site. Due to the overall poor condition of the structure and significant
damage cause by termites and water infiltration issue it was determined to move for-
ward with deconstruction; and
Whereas, City has met with Habitat for Humanity who agreed to purchase the lots for
$1 and construct a single family owner occupied dwelling on the site; and
Whereas, conveying the lots to Habitat for Humanity will meet one our most important
goals and priorities in developing and creating single family homeownership opportuni-
ties for low -moderate income families; and
Whereas, City desires to hold the required public hearing and conveyance of the
Properties to Habitat to Humanity.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa intends to dispose of its interest in the fol-
lowing legally described property:
Tract I: Lot 1 of Lot 2 of Lot 3 of the Subdivision of Out Lot 738 in the City of
Dubuque, 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, Io-
wa, according to the recorded plat thereof the City of Dubuque, Iowa
Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the
Property to Habitat for Humanity for the sum of $1.
Section 3. That the City Clerk hereby authorized and directed to cause this Resolu-
tion 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 2nd day of No-
vember, 2015. At 6:30 o'clock p.m. at the Historic Federal building, 350 West 6t Street,
Dubuque, Iowa.
Passed, approved and adopted this 19th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Sale of Property - 1849 Jackson Street: City Manager recommending setting a
public hearing for November 2, 2015 on the proposed sale of a lot located at 1849
Jackson Street to Community Housing Initiatives. Upon motion the documents were re-
ceived and filed and Resolution No. 369-15 Intent to dispose of an interest in City of
Dubuque real estate, setting a time and place for hearing and providing for the publica-
tion of notice thereof was adopted setting a public hearing for a meeting to commence
at 6:30 p.m. on November 2, 2015 in the Historic Federal Building.
RESOLUTION NO. 369-15
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE,
SETTING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUBLI-
CATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) is the owner of 1849 Jackson (the Proper-
ty) legally described as:
North YZ of the Middle 1/5 of Out Lot 490 in the City of Dubuque, Iowa, according
to the United States Commissioners Map thereof; and
Whereas, City acquired the Property for the purpose of its restoration and re -sale for
owner -occupied housing in the Washington Neighborhood; and
Whereas, City and Community Housing Initiatives (CHI) entered into an Agreement
pursuant to which City will convey the Property to CHI and CHI will rehabilitate the
Property consistent with the Washington Neighborhood Revitalization Strategy as ap-
proved by the City Council; and
Whereas, conveying the Property to CHI is consistent with both the Washington
Neighborhood Revitalization Strategy and the City's intent for this specific property; and
Whereas, City desires to hold the required public hearing and conveyance of the
Property to CHI.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa intends to dispose of its interest in the fol-
lowing legally described property:
North YZ of the Middle 1/5 of Out Lot 490 in the City of Dubuque, Iowa, according
to the United States Commissioners Map thereof.
Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the
Property to CHI for the sum of one dollar ($1.00).
Section 3. That the City Clerk is hereby authorized and directed to cause this Resolu-
tion and a notice to be published as prescribed by Iowa Code Section 364.7 of a public
hearing on the City's intent to dispose of the Property to be held on the 2nd day of No-
vember, 2015 at 6:30 o'clock p.m. at the Historic Federal Building, 350 West 6tn Street,
Dubuque, Iowa.
Passed, approved and adopted this 19th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council on the following items.
1. University of Dubuque Institutional District ID Amendment: Proof of publication on
notice of public hearing to consider a request by the University of Dubuque to amend ID
Institutional District to construct an addition to Mercer Birmingham Hall on the McCor-
mick Street Extension and the Zoning Advisory Commission recommending approval.
Mayor Buol stated he is an employee of the University of Dubuque and that after con-
sulting with the City Attorney, there is no conflict of interest with this item. Motion by
Jones to receive and file the documents and that the requirement that a proposed ordi-
nance 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. Keith Wipper-
furth, Director of Construction Management for the University of Dubuque, described the
project and spoke in favor of the request. Planning Services Manager Laura Carstens
provided a staff report. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 63-15 Amend-
ing 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 University
of Dubuque to allow construction of an addition to Mercer Birmingham Hall. Seconded
by Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 63-15
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY PROVIDING FOR THE APPROVAL OF AN
AMENDED CAMPUS DEVELOPMENT PLAN FOR THE UNIVERSITY OF DUBUQUE
TO ALLOW CONSTRUCTION OF AN ADDITION TO MERCER BIRMINGHAM HALL
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel-
opment Code, be amended by providing for the approval of an amended campus devel-
opment plan for the University of Dubuque 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 institu-
tional residents or affiliates.
f. Single -family, two-family or multi-family dwellings for the housing of institu-
tional residents or affiliates.
2. Accessory Uses. The following uses shall be permitted as accessory uses 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 conjunc-
tion with which such accessory uses operated or maintained, but not to in-
clude 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 Mercer Birmingham building addition shall be constructed in sub-
stantial conformance with the attached amended campus development plan.
C. Performance Standards: The development and maintenance of uses in this ID
Institutional District shall be established in conformance with Section 5-22 of the
Unified Development Code and the following standards:
1. The storm water control shall be designed and built in accordance with City
Regulations subject to review and approval by the City of Dubuque Engineering
Department.
2. That appropriate erosion and sediment control will be installed prior to com-
mencement of any land disturbing activity related to the subject project, includ-
ing all required state and city permits related to erosion control.
3. New outdoor lighting shall utilize 72-degree cut-off luminaries.
4. Landscaping shall be provided in compliance with Article 13 of the Unified
Development Code.
5. All utilities, including telephone and cable television, shall be installed under-
ground.
6. Final site plans shall be submitted in accordance with Articles 12 and 13 of
the Unified 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. Any significant expansion or reduction in the number of off-street park-
ing 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 al-
lowed in the ID Institutional District as established in Article 15 of the Unified De-
velopment 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 Council in accordance with zoning reclassification proceedings of Article 9 of
the Unified Development 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 19th day of October, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 23rd day of October,
2015.
/s/Kevin S. Firnstahl, City Clerk
2. Request to Rezone - 3507 Keystone Drive: Proof of publication on notice of public
hearing to consider a by Jason and Kim Meyer to rezone property located at 3507 Key-
stone Drive from R-1 Single -Family Residential District to R-3 Moderate Density Multi -
Family Residential District and the Zoning Advisory Commission recommending: 1) De-
nial of the R-3 Moderate Density Multi -Family Residential District; and 2) Approval of the
R-2 Two -Family Residential District.
Motion by Connors to concur with the denial of a proposed ordinance amending Title
16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassi-
fying hereinafter described property located at 3507 Keystone Drive from R-1 Single -
Family Residential District to R-3 Moderate Density Multi -Family District. Seconded by
Lynch. Jason Meyer, 3507 Keystone Drive, explained that they are no longer requesting
the R3 rezoning and only requesting the R2 rezoning for development of a duplex.
Planning Services Manager Laura Carstens provided a staff report. Motion carried 7-0.
Motion by Connors to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Mo-
tion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 64-15
Amending Title 16 of the City of Dubuque Code Of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located at 3507 Keystone Drive
from R-1 Single -Family Residential District to R-2 Two -Multi -Family Residential District.
Seconded by Jones. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 64-15
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 3507 KEYSTONE DRIVE FROM R-1 SINGLE-FAMILY
RESIDENTIAL DISTRICT TO R-2 TWO -MULTI -FAMILY RESIDENTIAL DISTRIC
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel-
opment Code, is hereby amended by reclassifying the hereinafter—described property
from R-1 Single -Family Residential District to R-2 Two -Family Residential District, to wit:
Lot 1 and Lot 2 Block 12 Key Knolls Subdivision and Lot 2-2-1-1-1-1-1-1-1 of NW
1/4 SE 1/4 of Section 21 T89N R2E, and to the centerline of the adjoining public
right-of-way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zon-
ing Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication as provided
by law.
Passed, approved and adopted this 19th day of October, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 23rd day of October,
2015.
/s/Kevin S. Firnstahl, City Clerk
3. Request to Rezone - 1660, 1670 and 1690 University Avenue: Proof of publication
on notice of public hearing to consider a request by Thomas Tiefenthaler to rezone
property located at 1660, 1670, and 1690 University Avenue from R-2 Two -Family Res-
idential District to C-2 Neighborhood Shopping Center District and the Zoning Advisory
Commission recommending approval. Motion by Connors to receive and file the docu-
ments and that the requirement that a proposed ordinance be considered and voted on
for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Braig. Developer Tom Tiefenthaler, 1107 Scenic Hill Lane,
DeWitt, described the project and responded to questions related to parking, security,
curb cuts, and business traffic that might impact the area. Planning Services Manager
Laura Carstens provided a staff report and will check on whether or not the properties
being purchased for the project and eventual demolition are considered "challenged"
properties. Police Chief Mark Dalsing addressed police calls for service as they relate to
the nearby bus stop impacted by pedestrian traffic to/from Washington Middle School.
Anthony Blum, owner of 1660 University Ave., spoke in support of the request citing the
inability to sustain rental properties in the area. Diane Troester, 1789 University Ave.;
Jeff Klauer, 1705 Delhi St.; and Attorney Keith Bibelhausen, 225 Hidden Oaks Ct., rep-
resenting Dick Hartig, Hartig Drug Co., spoke in opposition to the request citing the im-
pact of on -street parking, pedestrian safety issues, and the uncertainty of future round-
about development at this intersection. Ms. Carstens clarified the requirement for a su-
per majority vote by Council due to the percentage of written opposition received. Mo-
tion carried 6-1 with Lynch voting nay.
Motion by Connors for final consideration and passage of Ordinance No. 65-15
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located at 1660, 1670, and 1690
University Avenue From R-2 Two -Family Residential District to C-2 Neighborhood
Shopping Center District. Seconded by Braig. Motion carried 6-1 with Lynch voting nay.
OFFICIAL PUBLICATION
ORDINANCE NO. 65-15
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 1660, 1670, AND 1690 UNIVERSITY AVENUE FROM R-2
TWO-FAMILY RESIDENTIAL DISTRICT TO C-2 NEIGHBORHOOD SHOPPING CEN-
TER 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 Devel-
opment Code, is hereby amended by reclassifying the hereinafter—described property
from R-2 Two -Family Residential District to C-2 Neighborhood Office Commercial Dis-
trict, to wit:
Lot 17, 18, and 19 of Morheiser's Subdivision, and to the centerline of the adjoin-
ing public right-of-way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zon-
ing Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication as provided
by law.
Passed, approved and adopted this 19th day of October, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 23rd day of October,
2015.
/s/Kevin S. Firnstahl, City Clerk
4. Request to Vacate - Sanitary Sewer Easement 3045 Indiana Court: Proof of publi-
cation on notice of public hearing to consider disposal of a sanitary sewer easement
across Lot 1 of Indiana Subdivision No. 2 in the City of Dubuque, 3045 Indiana Court,
and the City Manager recommending approval. Motion by Lynch to receive and file the
documents and adopt Resolution No. 370-15 Disposing of City interest in a portion of a
Sanitary Sewer Easement over and across Lot 1 of Indiana Subdivision No. 2 in the City
of Dubuque, Dubuque County, Iowa. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 370-15
DISPOSING OF CITY INTEREST IN A PORTION OF A SANITARY SEWER EASE-
MENT OVER AND ACROSS LOT 1 OF INDIANA SUBDIVISION NO. 2 IN THE CITY
OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
City of Dubuque, Iowa on the 25th day of September, 2015, the City Council of the City
of Dubuque, Iowa met on the 19th day of October, 2015, at 6:30 p.m. in the Historic
Federal Building, 350 West 6th Street, Dubuque, Iowa, to consider the disposal of City
interest in a portion of a sanitary sewer easement over and across real estate as shown
on the attached exhibit labelled "Easement Vacate Exhibit" and described as:
Lot 1 of Indiana Subdivision No. 2 in the City of Dubuque, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec-
tions, oral or written to the proposal to dispose of City interest in said easement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the release of City of Dubuque interest in a portion of the sanitary
sewer easement across said Lot 1 of Indiana Subdivision No. 2 in the City of Dubuque,
Iowa, to Eric M. Bakken.
Section 2. That the Mayor be authorized and directed to execute a Release of Ease-
ment, and the City Clerk be and is hereby authorized and directed to deliver said Re-
lease to Eric M. Bakken.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution and Release of Easement in the offices of the City As-
sessor, Dubuque County Recorder and Dubuque County Auditor.
Passed, approved and adopted this 19th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Sewershed 7 & 10 Manhole Replacement Project: Proof of publication on notice of
public hearing to consider approval of plan, specifications, form of contract, and esti-
mated cost for the Sewershed 7 &10 Manhole Replacement project and the City Man-
ager recommending approval. Motion by Braig to receive and file the documents and
adopt Resolution No. 371-15 Approval of plans, specifications, form of contract, and es-
timated cost for the 2015 Sewershed 7 & 10 Manhole Replacement Project. Seconded
by Resnick. Motion carried 7-0.
RESOLUTION NO. 371-15
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR THE 2015 SEWERSHED 7 & 10 MANHOLE REPLACEMENT PRO-
JECT
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
2015 Sewershed 7 & 10 Manhole Replacement Project, in the estimated amount
$142,591.50, are hereby approved.
Passed, adopted and approved this 19th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Greater Downtown Urban Renewal District - Urban Renewal Plan Amendment:
Proof of publication on notice of public hearing to consider an amendment to the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District and the City Manager recommending approval. Motion by Jones to receive and
file the documents and adopt Resolution No. 372-15 Approving the Amended and Re-
stated Urban Renewal Plan for the Greater Downtown Urban Renewal District. Second-
ed by Connors. Motion carried 7-0.
RESOLUTION NO. 372-15
APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE
GREATER DOWNTOWN URBAN RENEWAL DISTRICT
Whereas, by Resolution 324-15 on September 21, 2015 the City Council of the City
of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Re-
newal Plan (the "Amended and Restated Plan") for the Greater Downtown Urban Re-
newal District (the "District"); and
Whereas, the City of Dubuque's primary objective for the Amended and Restated
Plan is to provide opportunities which will further economic development purposes and
objectives as described in the Plan in the District; and
Whereas, a consultation process has been undertaken with affected taxing entities in
accordance with Chapter 403 of the Code of Iowa with no written objections or recom-
mended changes to the Amended and Restated Plan received; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has
held a public hearing on the proposed Amended and Restated Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amended and Restated Urban Renewal Plan for the Greater
Downtown Urban Renewal District, on file in the City Clerk's Office and made reference
to herein, is hereby approved.
Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and
directed to file a certified copy of this Resolution in the office of the Dubuque County
Recorder.
Passed, approved and adopted this 19th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1. Bunker Hill Irrigation Project Phase 2 Award: City Manager recommending award
of the contract for the Bunker Hill Irrigation Replacement Project Phase 2 to the low bid-
der Leibold Irrigation, Inc. Motion by Connors to receive and file the documents and
adopt Resolution No. 373-15 Awarding the public improvement contract for the Bunker
Hill Golf Course Irrigation Project Phase 2. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 373-15
AWARDING THE PUBLIC IMPROVEMENT CONTRACT FOR THE BUNKER HILL
GOLF COURSE IRRIGATION PROJECT PHASE 2
Whereas, sealed proposals have been submitted by contractors for the Bunker Hill
Golf Course Irrigation Project Phase 2 (the Project) pursuant to Resolution No. 306-15
and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa
on the 11th day of September, 2015.Whereas, said sealed proposals were opened and
read on the 28th day of September, 2015 and it has been determined that Leibold Irriga-
tion, Inc. of East Dubuque, IL, with a bid in the amount of $197,600.00, is the lowest re-
sponsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Leibold Irri-
gation 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 19th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Code of Ordinances Amendment - Title 2 Civic Center Commission: City Manager
recommending approval of an ordinance which adds a new Title 2, Chapter 4, which es-
tablishes the Civic Center Advisory Commission and provides for the powers, operation,
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. Se-
conded by Connors. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 66-15 Amend-
ing City of Dubuque Code of Ordinances Title 2 Boards and Commissions by repealing
Chapter 4 Civic Center Advisory Commission and adopting a new Chapter 4 Civic Cen-
ter Advisory Commission in lieu thereof establishing the Civic Center Advisory Commis-
sion and providing for the powers, operations, membership and meetings. Seconded by
Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 66-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS BY REPEALING CHAPTER 4 CIVIC CENTER ADVISORY COMMIS-
SION AND ADOPTING A NEW CHAPTER 4 CIVIC CENTER ADVISORY COMMIS-
SION IN LIEU THEREOF ESTABLISHING THE CIVIC CENTER ADVISORY COM-
MISSION 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 2, Chapter 4 of the City of Dubuque Code of Ordinances is hereby
repealed and the following adopted in lieu thereof:
Chapter 4
CIVIC CENTER ADVISORY COMMISSION
2-4-1: Commission Created: There is hereby created the Civic Center Advisory
Commission.
2-4-2: Purpose: The purpose of the commission is to advise the Leisure Services
Department, the city manager, and the city council and to make recommendations to
the optimum utilization of the Civic Center facility by the widest possible range of users
and uses to respond to community needs and demands at the least possible cost to the
city.
2-4-3: Internal Organization and Rules: The commission may adopt rules and regula-
tions to govern its organizational procedures as may be necessary and which are not in
conflict with this Code of Ordinances or the Iowa Code.
2-4-4: Procedures for Operation: All administrative, personnel, accounting, budget-
ary, and procurement policies of the city govern the commission in all its operations.
2-4-5: Membership:
A. The commission comprises five (5) residents of the city, appointed by the city
council.
B. Residents must be eighteen (18) years of age or older.
2-4-6: 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 ap-
pointment or reappointment or at the city clerk's office any time prior to the first meeting
of the commission.
2-4-7: Terms: The term of office for commissioners is three (3) years or until such
commissioner's successor is appointed and qualified.
2-4-8: Vacancies: Vacancies must be filled in the same manner as original appoint-
ments.
2-4-9: Officers/Organization: The commissioners must choose annually a chairperson
and vice -chairperson, each to serve a term of one (1) year. The chairperson must ap-
point a secretary, who need not be a member of the commission. The commissioners
must fill a vacancy among its officers for the remainder of the officer's unexpired term.
2-4-10: Meetings:
A. Regular Meetings. The commission must meet quarterly.
B. Special Meetings. Special meetings may be called by the chairperson or at the
written 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 consecu-
tive meetings of the commission, without being excused by the chairperson,
such absence 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 com-
mission 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 lat-
e r.
F. Quorum. Three (3) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the commissioners present and vot-
ing is necessary for the adoption of any motion or resolution.
2-4-11: Compensation: Commissioners serve without compensation, provided that
they may receive reimbursement for necessary travel and other expenses while on offi-
cial commission business within the limits established in the city administrative policies
and budget.
2-4-12: Removal: Except as provided in 2-4-10(D)(1), the city council may remove
any commissioner for good cause.
2-4-13: Powers: The commission has the following powers, duties, and responsibili-
ties:
A. Provide the city council with recommendations that further the general and spe-
cific purposes of the commission.
B. Recommend the development of financial and other resources to support the
short- and long-term capital needs of the Civic Center facility and its programs.
C. Recommend programs to provide a variety of year round intellectual, cultural,
enjoyable, and attractive leisure time activities which contribute to the physical and
mental well-being of residents and visitors.
D. Recommend programs which contribute to the economic base of the communi-
ty by encouraging business use of the Civic Center facility.
E. Recommend schedules of fees and charges for special building services,
equipment, special building features, and rental rates.
F. Recommend informational and promotional programs to secure the full support
and participation of the community.
G. Recommend the annual operating budget and an ongoing capital improve-
ments budget that provides a safe, secure, sanitary, clean, and attractive facility.
H. Recommend development of community partnerships related to tourism for op-
timum utilization of the Civic Center facility.
2-4-14: Solicitation and Acceptance of Donations: The commission may solicit dona-
tions and gifts of money, personal and real property, and personal services, which must
be donated or gifted to the City of Dubuque, for the general support of the Civic Center
unless such donations or gifts are designated by the donor for a specific purpose.
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 the 19th day of October, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 23rd day of October,
2015.
/s/Kevin S. Firnstahl, City Clerk
3. Code of Ordinances Amendment - Title 2 Housing Commission: City Manager rec-
ommending approval of an ordinance which adds a new Title 2, Chapter 5, Article B
which establishes the Housing Commission and provides for the powers, operation,
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. Se-
conded by Connors. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 67-15 Amend-
ing City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 5
Housing Agency and Community Development Commissions by repealing Article B
Housing Commission and adopting a new Article B Housing Commission in lieu thereof
establishing the Housing Commission and providing for the powers, operation, mem-
bership, and meetings. Seconded by Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 67-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 2 BOARDS AND
COMMISSIONS, CHAPTER 5 HOUSING AGENCY AND COMMUNITY DEVELOP-
MENT COMMISSIONS BY REPEALING ARTICLE B HOUSING COMMISSION AND
ADOPTING A NEW ARTICLE B HOUSING COMMISSION IN LIEU THEREOF ES-
TABLISHING THE HOUSING 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 2, Chapter 5, Article B of the City of Dubuque Code of Ordinances is
hereby repealed and the following adopted in lieu thereof:
ARTICLE B
HOUSING COMMISSION
2-5B-1: Commission Created: There is hereby created the Housing Commission.
2-5B-2: Purpose: The purpose of the commission is to undertake and carry out stud-
ies and analysis of housing needs and the meeting of such needs; to recommend pro-
posed projects in the area of low- and moderate -income housing for the citizens of the
city; to monitor the city's housing programs; and to conduct grievances regarding the
Rental Assistance Program, except in the area of Housing Code enforcement.
2-5B-3: Internal Organization and Rules: The commission may adopt rules and regu-
lations to govern its organizational procedures as may be necessary and which are not
in conflict with this Code of Ordinances or the Iowa Code.
2-5B-4: Procedures for Operation: All administrative, personnel, accounting, budget-
ary, and procurement policies of the city govern the commission in all its operations.
2-5B-5: Membership:
A. The commission comprises ten (10) residents of the city.
B. Residents must be eighteen (18) years of age or older.
C. Special Qualifications.
1. At least three (3) members must be selected specifically on the basis of ex-
perience in real estate development, banking, finance, accounting, funds man-
agement, or other related areas of expertise.
2. One (1) member must be a person who is a recipient of tenant based rental
assistance under Section 8 of the United States Housing Act of 1937 whose
name appears on a lease of Section 8 property. If such member ceases to be a
recipient of rental assistance under Section 8, the term of such member is
deemed terminated and a new member who meets the requirements of this
Subsection must be appointed for the remainder of the term.
3. One (1) member must be appointed by the commission, with city council ap-
proval, to serve on the Community Development Advisory Commission.
4. Three (3) members must be appointed by the commission, with city council
approval, to serve on the Housing Trust Fund Advisory Commission.
5. The remaining members are at -large members.
2-5B-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 ap-
pointment or reappointment or at the city clerk's office any time prior to the first meeting
of the commission.
2-5B-7: Terms: The term of office for commissioners is three (3) years or until such
commissioner's successor is appointed and qualified. The terms of the cross-
representative appointees to the Community Development Advisory Commission and
the Housing Trust Fund Advisory Commission must coincide with their terms on the
Housing Commission.
2-5B-8: Vacancies: Vacancies must be filled in the same manner as original ap-
pointments.
2-5B-9: Officers/Organization: The commissioners must choose annually a chairper-
son 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 vacancy among its officers for the remainder of the officer's unexpired term.
2-5B-10: Meetings:
A. Regular Meetings. The commission must meet monthly.
B. Special Meetings. Special meetings may be called by the chairperson or at the
written 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 consecu-
tive meetings of the commission, without being excused by the chairperson,
such absence 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 com-
mission 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 lat-
e r.
F. Quorum. Six (6) commissioners constitute a quorum for the transaction of busi-
ness. The affirmative vote of a majority of the commissioners present and voting is
necessary for the adoption of any motion or resolution.
2-5B-11: Compensation: Commissioners serve without compensation, provided that
they may receive reimbursement for necessary travel and other expenses while on offi-
cial commission business within the limits established in the city administrative policies
and budget.
2-5B-12: Removal: Except as provided in 2-5B-10(D)(1), the city council may remove
any commissioner for good cause.
2-5B-13: Powers: The commission has the following powers, duties, and responsibili-
ties:
A. To contribute as appropriate in the planning, coordinating, and review of hous-
ing development;
B. To conduct public hearings to ensure meaningful citizen input in the planning,
implementation, and assessment of the city's housing programs;
C. To provide for and encourage the participation of low and moderate income
persons in the planning, implementation, and assessment of housing programs;
D. To provide input into the community planning process and to assist in accom-
plishing a coordinated and consistent housing development program of the city in
accordance with present and future housing needs;
E. To request and review ongoing surveys assessing housing needs and identify-
ing future community housing needs, particularly the needs of persons of low and
moderate income;
F. To support the efforts of the city council and other city commissions in the as-
sessment of the general housing needs of the community;
G. To undertake from time to time other specific ongoing housing planning which
may be referred to it by the city council;
H. To research and recommend to the city council policies and programs facilitat-
ing the development of affordable housing;
I. To undertake public information efforts to educate citizens of the availability of
federal, state, and locally funded housing assistance programs;
J. To assist in the preparation of the housing element of the city comprehensive
plan and the annual consolidated plan;
K. To offer comment, as appropriate, on the consistency of proposed housing de-
velopment with the comprehensive plan, consolidated plan, and existing city hous-
ing strategies; and
L. Undertake such additional duties, with regard to the Housing Trust Fund, as are
specified in this Code.
2-5B-14: Project Approval: Any proposed low rent housing project is subject to the
approval of the city council and any project requiring a referendum as provided in the
Iowa Code must be submitted to the voters of the city in accordance with the Iowa
Code.
2-5B-15: Monitor Housing Program; Conduct Hearings on Grievances: The commis-
sion monitors the city's housing program and conducts hearings on grievances arising
out of the operation of such program with the exception of Housing Code enforcement
which is handled by the Housing Code Appeals Board.
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 the 19th day of October, 2015.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 23rd day of October,
2015.
/s/Kevin S. Firnstahl, City Clerk
4. National League of Cities Voting Delegates: Correspondence from the National
League of Cities requesting that the City designate a voting delegate and alternate vot-
ing delegate for the upcoming National League of Cities Annual Business meeting on
November 7, 2015. Motion by Connors to receive and file the documents and appoint
Council Member Lynn Sutton as the voting delegate. Seconded by Jones. Motion car-
ried 7-0.
COUNCIL MEMBER REPORTS
Council Member Ric Jones reported on NICC's recent open house for their Additive
Advanced Manufacturing Prototype facility/3D printing and the implications to city gov-
ernment and economic development.
PUBLIC INPUT
Dan Boots, 2080 Roosevelt St., requested information on the Affirmatively Furthering
Fair Housing program and the impact on property taxes and city services. City Manager
Van Milligen stated that he is drafting a response to Mr. Boots.
There being no further business, upon motion the City Council adjourned at 8:28 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk