5 16 16 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 May 16, 2016 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors, Del Toro, Jones (via phone),
Lynch, Resnick, Rios; City Manager Van Milligen, Assistant City Attorney Brumwell
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
Bike to Work Week (May 16-20, 2016) was accepted by Dave Hartig of the Bike Co-
op, 2206 Central Avenue;
DuRide in Service to Older Americans Month (May 2016) was accepted by Greg Or-
woll, Executive Director of DuRide, 2728 Asbury Road;
Apples for Students Months (June/July 2016) was accepted by Beth McGorry, Out-
reach Coordinator for St. Mark Youth Enrichment, 1201 Locust Street.
CONSENT ITEMS
The City Clerk announced a correction to #15 Request for Release of Funds - Fiscal
Year 2016 CDBG Annual Action Plan to reflect the change of name to Historic Bluffs
Neighborhood Association.
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated including the correction to #15. Seconded by Connors. Motion car-
ried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 5/2, 5/9; Civil Service
Commission of 4/26; Historic Preservation Commission of 4/21; Investment Oversight
Advisory Commission of 4/27; Library Board of Trustees Council Update 4/28; Long
Range Planning Advisory Commission of 4/20; Zoning Advisory Commission of 5/4;
Zoning Board of Adjustment of 4/28; Proof of Publication for City Council Proceedings of
4/18; Proof of Publication for List of Claims/Summary of Revenues for Month Ending
3/31. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Rob Klauer / Dubuque Furniture & Flooring for property
damage. Upon motion the documents were received, filed and refer to the City Attorney.
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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: Rob Klauer for property damage; Devon Phillips for property loss. Upon
motion the documents were received, filed and concurred.
4. FEMA Fire Prevention and Life Safety Grant Application: City Manager recom-
mending approval to submit an application for a FEMA Fire Prevention and Life Safety
Grant. Upon motion the documents were received, filed and approved.
5. Quarterly Investment Report: City Manager transmitting the March 31, 2016 Quar-
terly Investment Report. Upon motion the documents were received and filed.
6. Civil Service Commission - Certified Lists: Civil Service Commission submitting the
certified lists for the positions of Sewer Maintenance Foreman, Foreman, Public Safety
Dispatcher and Inspector II. Upon motion the documents were received, filed and made
a Matter of Record.
April 26, 2016
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Sewer Maintenance Foreman was administered on March 10, 2016. We hereby certi-
fy that the individuals listed below have passed this written examination and the vacan-
cy for this position should be made from this list and that this list is good for two (2)
years from above date.
Sewer Maintenance Foreman
1. Nicholas Wilson
2. William Gansen
3. Paul Dement
4. Christian Kloft
5. Robert Barry
6. Ron Gulyash
7. Gary Valentine
8. Jerome Ben
9. Dan Chapman
10. Tim Lattner
Eligible Employee: Bill Kelly
Respectfully submitted,
/s/Daniel White, Chairperson
Civil Service Commission
April 26, 2016
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Foreman was administered on March 24, 2016. We hereby certify that the individuals
listed below have passed this written examination and the vacancy for this position
should be made from this list and that this list is good for two (2) years from above date.
2
Foreman
1 Lucas Gonyier
2 Gary Valentine
3 Daniel Mayne
4 Mark Meyer
5 Paul Dement
6 William Gansen
7 Nicholas Wilson
8 Christian Kloft
9 Tim Lattner
10 Robert Barry
11 Chad Berendes
Respectfully submitted,
/s/Daniel White, Chairperson
Civil Service Commission
April 26, 2016
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Public Safety Dispatcher was administered on March 30, 2016. We hereby certify that
the individuals listed below have passed this written examination and the vacancy for
this position should be made from this list and that this list is good for two (2) years from
above date.
Public Safety Dispatcher
1 Molly Kuhn
2 Abigail Ryan
3 Jason Cox
4 Douglas Kuehn
5 Jessica Kieffer
6 Richard Kapparos, Jr.
7 Martin Benda
Respectfully submitted,
/s/Daniel White, Chairperson
Civil Service Commission
April 26, 2016
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Inspector II was administered via take-home exam. We hereby certify that the indi-
viduals listed below have passed this "take-home" examination and the vacancy for this
position should be made from this list and that this list is good for two (2) years from
above date.
Inspector II
1 Jeffrey Zasada
2 Daniel Meneguin
3 Michael Simmons
4 Justin Licht
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5 Brian Schuster
6 Lee Mau
7 Kevin Kramer
8 Robert Boge
Respectfully submitted,
/s/Daniel White, Chairperson
Civil Service Commission
7. Riley Auto Sales Co. - Acceptance of Water Main Improvements: City Manager
recommending acceptance of the water main public improvements that the owner, Riley
Auto Sales Co., has recently completed adjacent to the south side of their property at
4455 Dodge Street. Upon motion the documents were received and filed and Resolution
No. 181-16 Accepting water main improvements in the Dodge Street (US Highway 20)
Right -of -Way in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 181-16
ACCEPTING WATER MAIN IMPROVEMENTS IN THE DODGE STREET (US HIGH-
WAY 20) RIGHT OF WAY IN THE CITY OF DUBUQUE, IOWA
Whereas, per an agreement between the City of Dubuque and Riley Auto Sales Co.,
certain public improvements including approximately one hundred sixty lineal feet of wa-
ter main and appurtenances were installed by Riley Auto Sales Co. in the Dodge Street
(US Highway 20) right of way in the City of Dubuque, Iowa; and
Whereas, the improvements have been completed and the City Manager has exam-
ined the work and has filed a certificate stating that the same has been completed in
accordance with the plans on the attached Exhibit A and in conformance with City
specifications, and has recommended that the improvements be accepted by the City
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that said
public improvements in the Dodge Street (US Highway 20) right of way be and the
same is hereby accepted.
Section 2. That maintenance of said public improvements shall be the responsibility
of the owners, Riley Auto Sales Co., for a period of two (2) years from the date of this
resolution.
Passed, approved and adopted this 16th day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Timber-Hyrst Sanitary Creek Crossings Project Award: City Manager recommend-
ing that the award for the Timber-Hyrst Estates #4 North and South Line Creek Cross-
ings Project be officially recorded in the minutes of the City Council. Upon motion the
documents were received, filed and made a Matter of Record
9. Rustic Point Estates -Preliminary Plat: Zoning Advisory Commission recommending
approval of the Preliminary Plat of Rustic Point Estates, 12568 Kennedy Road. Upon
motion the documents were received, filed and approved.
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10. Table Mound Mobile Home Park - Plat of Survey: Zoning Advisory Commission
recommending approval of the Plat of Survey of Table Mound Mobile Home Park on
Key West Drive subject to waiving the lot frontage requirement for Lot 2. Upon motion
the documents were received and filed and Resolution No. 182-16 Approving the Plat of
Survey Table Mound Mobile Home Park in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 182-16
APPROVING THE PLAT OF SURVEY TABLE MOUND MOBILE HOME PARK IN
THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey Dolter Place #2 in
the city of Dubuque, Iowa; and
Whereas, said Plat of Survey provides 0 feet of lot frontage for Lot 2, where 50 feet of
lot frontage is required by Section 11-14 of Title 16 of the City of Dubuque Code of Or-
dinances, Unified Development Code; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commis-
sion and had its approval endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find
that it conforms to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow 0 feet of lot frontage for Lot 2.
Section 2. That the Plat of Survey of Table Mound Mobile Home Park is hereby ap-
proved and the Mayor and City Clerk are hereby authorized and directed to endorse the
approval of the City of Dubuque, Iowa upon said Plat of Survey.
Passed, approved and adopted this 16th day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Plat of Survey - Tiefenthaler 2nd Place: City Manager recommending approval of
the Plat of Survey of Lots 1 and 2 of Tiefenthaler 2nd Place, in the City of Dubuque, Io-
wa (North Grandview Avenue and University Avenue). Upon motion the documents
were received and filed and Resolution No. 183-16 Approving Plat of proposed vacated
right of way of North Grandview Avenue South of University Avenue, being part of Lots
1 and 2 of the Subdivision of Lot 12 of Mineral Lot 172, in the City of Dubuque, Iowa
was adopted.
RESOLUTION NO. 183-16
APPROVING PLAT OF PROPOSED VACATED RIGHT OF WAY OF NORTH
GRANDVIEW AVENUE SOUTH OF UNIVERSITY AVENUE, BEING PART OF LOTS
1 AND 2 OF THE SUBDIVISION OF LOT 12 OF MINERAL LOT 172, IN THE CITY OF
DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated May 5, 2016 prepared by Hinkle Engineering and Surveying, showing the
vacated portion of North Grandview Avenue south of University Avenue and assigned
lot numbers thereto, to be known as Lot 1 and Lot 2 of Tiefenthaler 2nd Place, in the City
of Dubuque, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated May 5, 2016 prepared by Hinkle Engineering and Sur-
veying, relative to the real estate hereinabove described be and the same is hereby ap-
proved, and the Mayor and City Clerk be and they are hereby authorized and directed to
execute said plat for and on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby authorized and directed to file said
plat and certified copy of this resolution in the office of the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this 16th day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Eagle Point Park - Certified Local Government (CLG) Grant Amendment: City
Manager recommending approval of an amendment to Certified Local Government
(CLG) Grant No. 2015-03 with the State Historic Preservation Office for Eagle Point
Park that removes the requirement to complete the second part of the project, the Na-
tional Register of Historic Places nomination, as part of the grant contract. Upon motion
the documents were received and filed and Resolution No. 184-16 Authorizing amend-
ment to CLG Grant -in -Aid -Agreement with State Historical Society of Iowa to remove
National Register of Historic Places Nomination for Eagle Point Park was adopted.
RESOLUTION NO. 184-16
AUTHORIZING AMENDMENT TO CLG GRANT -IN -AID -AGREEMENT WITH STATE
HISTORICAL SOCIETY OF IOWA TO REMOVE NATIONAL REGISTER OF HISTOR-
IC PLACES NOMINATION FOR EAGLE POINT PARK
Whereas, the State Historical Society of Iowa (SHSI) has determined the City of
Dubuque is eligible for Certified Local Government (CLG) funds as a CLG in good
standing; and
Whereas, the City of Dubuque has entered into a CLG grant -in -aid -agreement with
SHSI to prepare a Phase 1 archeological survey and an intensive survey and evaluation
and National Register of Historic Places (NRHP) nomination for Eagle Point Park; and
Whereas, the City of Dubuque's consultant has completed a Phase 1 archeological
survey for Eagle Point Park and the final report has been approved by SHSI; and
Whereas, the City of Dubuque's volunteer consultant has been unable to complete
the NRHP nomination in accordance with the grant schedule.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor is authorized to sign and submit the amendment to the
CLG Grant In Aid Agreement to the SHSI to remove preparation of a NRHP Nomination.
Passed, approved and adopted this 16th day of May, 2016.
Attest: Kevin S. Firnstahl, City Clerk
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Roy D. Buol, Mayor
13. Pre -Annexation Agreement — Kemp: City Manager recommending approval of a
Pre -Annexation Agreement with James P. Kemp and Kathy J. Kemp. Upon motion the
documents were received and filed and Resolution No. 185-16 Approving a Pre -
Annexation Agreement between the City of Dubuque, Iowa and James P. Kemp and
Kathy J. Kemp was adopted.
RESOLUTION NO. 185-16
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND JAMES P. KEMP AND KATHY J. KEMP
Whereas, James. P. Kemp and Kathy J. Kemp, the owners of the following described
property in Dubuque County, Iowa (the Property) have submitted to the City Council of
the City of Dubuque an application for voluntary annexation of the Property to the City of
Dubuque:
The NW 1/4 NE 1/4 (Except Lot 1 of the NW 1/4 NE 1/4), Section 19, T88N, R3E,
Dubuque County, Iowa and located in the NE 1/4 of Section 19, T88N, R3E (Mosa-
lem TWP) of the 5th P.M., Dubuque County, Iowa; and
Whereas, James P. Kemp and Kathy J. Kemp, have entered into a Pre -Annexation
Agreement with the City of Dubuque a copy of which is attached hereto governing the
future annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property
in Dubuque County, Iowa and the 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 James P. Kemp and
Kathy J. Kemp and the City of Dubuque is hereby approved.
Passed, approved and adopted this 16th day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Mark Fondell Excavating, Inc. vs. City of Dubuque: City Attorney submitting a
Summary Judgment dismissing the suit of Mark Fondell Excavating, Inc. vs. City of
Dubuque. Upon motion the documents were received and filed.
15. Request for Release of Funds - Fiscal Year 2016 CDBG Annual Action Plan -
Historic Bluffs Neighborhood Association (As corrected): City Manager recommending
approval of the Request for Release of Funds for the proposed projects approved in the
amended Fiscal Year 2016 (Program Year 2015) Annual Action Plan for Community
Development Block Grant activities that includes an environmental review of the Historic
7
Bluffs Neighborhood Association's community garden project. Upon motion the docu-
ments were received and filed and Resolution No. 186-16 Authorizing request for re-
lease of Community Development Block Grant Funds for Fiscal Year 2016 (Program
Year 2017) was adopted.
RESOLUTION NO. 186-16
AUTHORIZING REQUEST FOR RELEASE OF COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS FOR FISCAL YEAR 2016 (PROGRAM YEAR 2015)
Whereas, the City of Dubuque will has entered into a Community Development Block
Grant Agreement for the Fiscal Year commencing July 1, 2015, with the U.S. Depart-
ment of Housing and Urban Development, providing for financial assistance to the City
under Title I of the Housing and Community Development Act of 1974, as amended;
and
Whereas, pursuant to the rules and regulations as promulgated by the U.S. Depart-
ment of Housing and Urban Development, an environmental review has been pro-
cessed for the hereinafter listed projects to be financed with Community Development
Block Grant funds; and
Whereas, a Notice of Intent to Request Release of Funds for said grants has been
published on May 13, 2016 to commence the required seven (7) day public comment
period; and
Whereas, any and all comments received as a result of such notice will be duly con-
sidered before proceeding with a Request for Release of Funds and Certification; and
Whereas, a Request for Release of Funds and Certification must be sent to the U.S.
Department of Housing and Urban Development at the conclusion of the comment peri-
od.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor of the City of Dubuque is hereby authorized and directed
to execute a Request for Release of Funds and Certification for the following identified
Community Development Block Grant projects on or about May 26, 2016 and submit to
the U.S. Department of Housing and Urban Development.
Community Development Block Grant Annual Plan Projects Fiscal Year 2016
(Program Year 2015)
Historic Bluff Neighborhood Association Community Garden Project
No funds will be committed prior to completion of a review for other related laws of 24
CFR 58.5, including Section 106, if required.
Section 2. That the Mayor of the City of Dubuque is hereby authorized to consent to
assume the status of a responsible federal official under the National Environmental
Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of
Housing and Urban Development responsibilities for review, decision making, and ac-
tion assumed and carried out by the City of Dubuque as to environmental issues.
Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent
personally, in his official capacity and on behalf of the City of Dubuque, to accept the
jurisdiction of the federal courts if an action is brought to enforce responsibilities in rela-
tion to environmental review, decision-making and action.
Passed, approved and adopted this 16th day of May, 2016.
Attest: Kevin S. Firnstahl, City Clerk
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Roy D. Buol, Mayor
16. National Recreation and Park Association Great Urban Parks Campaign Grant
Application: City Manager transmitting the National Recreation and Park Association
Great Urban Parks Campaign Grant that was submitted on behalf of the City of Dubu-
que for components to be developed in the Lower Bee Branch Creek. Upon motion the
documents were received and filed.
17. Ham House Masonry Rehabilitation Project - Architectural/Engineering Services:
City Manager recommending approval to enter into a contract with Selser Schaefer Ar-
chitects to conduct consultant services for the Ham House Masonry Rehabilitation Pro-
ject. Upon motion the documents were received, filed and approved.
18. Five Flags Theater Masonry Rehabilitation and Fire Escape - Architectur-
al/Engineering Services: City Manager recommending approval to enter into a contract
with Selser Schaefer Architects to conduct consultant services for the Five Flags Thea-
ter Masonry Rehabilitation and Fire Escape Project. Upon motion the documents were
received, filed and approved.
19. Public Housing Agency (PHA) Annual Plan: City Manager recommending ap-
proval to resubmit the Annual Public Housing Agency (PHA) Plan, along with the Certifi-
cation for Consistency with the Consolidated Plan. Upon motion the documents were
received and filed and Resolution No. 187-16 Authorizing the Mayor to execute the Cer-
tification by State or Local Official of PHA Plans, Consistency with the Consolidated
Plan and approval of the PHA Annual Plan was adopted.
RESOLUTION NO. 187-16
AUTHORIZING THE MAYOR TO EXECUTE THE CERTIFICATION BY STATE OR
LOCAL OFFICIAL OF PHA PLANS CONSISTENCY WITH THE CONSOLIDATED
PLAN AND APPROVAL OF THE PHA ANNUAL PLAN
Whereas, the U.S. Department of Housing and Urban Development requires submis-
sion of the Public Housing Agency (PHA) Plan on an annual basis; and
Whereas, the U.S. Department of Housing and Urban Development requires Certifi-
cation of the PHA Plans Consistency with the Consolidated Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE IOWA:
Section 1: That the Mayor is hereby authorized and directed to certify the PHA Plans
Consistency with the Consolidated Plan.
Section 2: That the Director of Housing and Community Development is hereby au-
thorized to submit the PHA Plan and the Certification as required by the U.S. Depart-
ment of Housing and Urban Development.
Passed, approved and adopted this 16th day of May 2016.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
20. Acceptance of Deed and Assignment of Lease for 2239 University - Fahey Family
Limited Partnership / Rainbo Oil: City Manager recommending acceptance of the deed
for the property at 2239 University Avenue from the Fahey Family Limited Partnership
and acceptance of a month-to-month lease for the Dog House parking lot. Upon motion
9
the documents were received and filed and Resolution No. 188-16 Accepting the Deed
to certain real estate in the City of Dubuque, Iowa and an Assignment of Lease from
Fahey Family Limited Partnership was adopted.
RESOLUTION NO. 188-16
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN THE CITY OF DUBUQUE,
IOWA AND AN ASSIGNMENT OF LEASE FROM FAHEY FAMILY LIMITED PART-
NERSHIP
Whereas, the City of Dubuque (City) entered into an Agreement on April 19, 2016,
with Fahey Family Limited Partnership for the purchase of the following described real
property in Dubuque County, Iowa:
1. The Northwesterly 25 feet of Lot 2 in Finley's Addition to the City of Dubuque,
Iowa according to the recorded Plat thereof,
2. Lot 1 of lot 1, Lot 2 of lot 1, and, the southeasterly 41 feet of lot 2, all in Finley's
Addition, in the City of Dubuque, Iowa, according to the respective recorded
Plats thereof,
3. Lot 1, Lot 1 of Lot 2, Lot 2 of Lot 2, Lot 1 of Lot 3, Lot 2 of Lot 3, and Lot 4, all of
Mineral Lot 170, in the City of Dubuque, Iowa, according to the recorded Plats
thereof, subject to easements and restrictions of record.
Locally known as 2239 University Avenue; and
Whereas, the terms of the Agreement have now been met; and
Whereas, the property is subject to a short-term lease for a parking lot which is being
assigned to City, subject to City's acceptance of the assignment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
Section 1. The City of Dubuque hereby accepts the Warranty Deed from Fahey Fami-
ly Limited Partnership attached hereto and the Assignment of Lease.
Section 2. The City Clerk is hereby authorized and directed to record this Resolution
and the Warranty Deed with the Dubuque County Recorder.
Passed, approved and adopted this 16th day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
21. Mystique Casino Request to Construct Outside Patio and Pergola: City Manager
recommending approval of a request from Mystique Casino to spend funds from the
Dubuque Racing Association Depreciation and Improvement Fund to construct a patio
and pergola in the area between the Hilton Garden Inn and Houlihan's Restaurant to
meet required Hilton standards. Upon motion the documents were received, filed and
approved.
22. IDOT Five -Year Agreement for Maintenance and Repair of Primary Roads in Mu-
nicipalities: City Manager recommending approval and endorsement of the Five -Year
Agreement for Maintenance and Repair of Primary Roads in Municipalities between the
Iowa Department of Transportation and the City of Dubuque. Upon motion the docu-
ments were received, filed and approved.
23. Southwest Arterial Property Acquisitions: City Manager recommending approval
of resolutions accepting Grants of Easements and Deeds to three properties acquired
for the Southwest Arterial Project owned by Bob Broughton Investments, Inc.; Arthofer
10
Properties, LLC; Link Properties, LLC; and Menard, Inc. Upon motion the documents
were received and filed and Resolution No. 189-16 Accepting a Grant of Temporary
Construction Easement for the Southwest Arterial Project from Bob Broughton Invest-
ments, Inc., Arthofer Properties, LLC, and Link Properties, LLC; Resolution No. 190-16
Accepting a Grant of Temporary Construction Easements for the Southwest Arterial
Project from Menard Inc.; Resolution No. 191-16 Accepting a Grant of Temporary Con-
struction Easement for the Southwest Arterial Project from Bob Broughton Investments,
Inc. ;Resolution No. 192-16 Accepting a Deed for the Southwest Arterial Project from
Bob Broughton Investments, Inc., were adopted.
RESOLUTION NO. 189-16
ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE
SOUTHWEST ARTERIAL PROJECT FROM BOB BROUGHTON INVESTMENTS,
INC., ARTHOFER PROPERTIES, LLC, AND LINK PROPERTIES, LLC
Whereas, the City of Dubuque entered into an agreement for the purchase of an
easement for the Southwest Arterial Project with Bob Broughton Investments, Inc.;
Arthofer Properties, LLC; and Link Properties, LLC for the property legally described as:
A parcel of land situated in part of Lot 5 of Westside Commercial Park, City of
Dubuque, County of Dubuque, State of Iowa as more particularly shown on the
Temporary Easement exhibit attached hereto; and
Whereas, the terms of the agreement have been satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1. The Grant of Temporary Construction Easement attached hereto is hereby ac-
cepted.
2. The City Clerk is authorized and directed to record this resolution and the Grant of
Easement with the Dubuque County Recorder.
Passed, approved and adopted this 16th day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 190-16
ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENTS FOR THE
SOUTHWEST ARTERIAL PROJECT FROM MENARD INC.
Whereas, the City of Dubuque entered into an agreement for the purchase of ease-
ments for the Southwest Arterial Project with Menard Inc. for the property legally de-
scribed as:
A parcel of land situated in part of Lot 2 of Siegert's Place Fourth Addition, City of
Dubuque, County Of Dubuque, State of Iowa as more particularly shown on the
Temporary Easement exhibit attached hereto; and
Whereas, the terms of the agreement have been satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1. The Grant of Temporary Construction Easements attached hereto is hereby ac-
cepted.
2. The City Clerk is authorized and directed to record this resolution and the Grant of
Easements with the Dubuque County Recorder.
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Passed, approved and adopted this 16th day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 191-16
ACCEPTING A GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR THE
SOUTHWEST ARTERIAL PROJECT FROM BOB BROUGHTON INVESTMENTS,
INC.
Whereas, the City of Dubuque entered into an agreement for the purchase of an
easement for the Southwest Arterial Project with Bob Broughton Investments, Inc. for
the property legally described as:
A parcel of land situated in part of Lot 1 of Siegert's Place Third Addition in the
City of Dubuque, County of Dubuque, State of Iowa as more particularly shown on
the Temporary Easement exhibit attached hereto; and
Whereas, the terms of the agreement have been satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1. The Grant of Temporary Construction Easement attached hereto is hereby ac-
cepted.
2. The City Clerk is authorized and directed to record this resolution and the Grant of
Easement with the Dubuque County Recorder.
Passed, approved and adopted this 16th day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 192-16
ACCEPTING A DEED FOR THE SOUTHWEST ARTERIAL PROJECT FROM BOB
BROUGHTON INVESTMENTS, INC.
Whereas, the City of Dubuque entered into an agreement for the purchase of real es-
tate for the Southwest Arterial Project with Bob Broughton Investments, Inc. for the
property legally described as follows:
A parcel of land situated in part of Lot 1 of Siegert's Place Third Addition in the
City of Dubuque, County of Dubuque, State of Iowa as shown on the Acquisition
Plat attached hereto; and
Whereas, the terms of the agreement have been satisfied.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1. The deed attached hereto is hereby accepted.
2. The City Clerk is authorized and directed to record this resolution and the deed
with the Dubuque County Recorder.
Passed, approved and adopted this 16th day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
24. Signed Contracts: Colleen Lindstrom d/b/a Dubuque by Carriage Eleventh
Amendment to Lease Agreement Upon motion the documents were received and filed.
12
25. Improvement Contracts / Performance, Payment and Maintenance Bonds: MDE,
LLC d/b/a McDermott Excavating for the DICS Building Pad 1 Sanitary Sewer Exten-
sion. Upon motion the documents were received, filed and approved.
26. Alcohol Compliance Civil Penalty for Alcohol License Holder - Carlos O'Kelly's
Mexican Cafe: City Manager recommending approval of the Acknowledg-
ment/Settlement Agreement for an alcohol compliance violation for Carlos O'Kelly's
Mexican Cafe, 1355 Associates Drive. Upon motion the documents were received, filed
and approved.
27. Tobacco Compliance - Civil Penalty for Tobacco License Holder - The Altered
State: City Manager recommending approval of the Acknowledgement/Settlement
Agreement for a tobacco compliance violation for the Altered State, 1533 Central Ave-
nue. Upon motion the documents were received, filed and approved.
28. 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. 193-16 Approving applications for beer, liquor, and/or wine
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li-
cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses
and Permits was adopted.
RESOLUTION NO. 193-16
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 Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Renewals
Buffalo Wild Wings
2805 Northwest
Arterial
Class C Liquor (Outdoor) (Sun-
day)
Days Inn & Spirits Bar & Grill
1111 Dodge St.
Class B Liquor (Outdoor) (Sun-
day)
Hartig Drug #2
157 Locust St.
Class E liquor, Class B Wine,
Class C Beer (Sunday)
Kalmes Breaktime Bar and Grill 1097 Jackson St. Class C Liquor (Sunday)
Mason Dixon Saloon 163 Main St. Class C Liquor (Sunday)
Mc Cann's Service, Inc. 690 W Locust St. Class C Beer (Sunday)
13
Port of Dubuque Marina
450 East 3rd St.
Class B Beer, Class B Native
Wine (Outdoor) (Sunday)
Walgreens #06154
Walgreens #09708
2260 JFK Rd.
Class E liquor, Class B Wine,
Class C Beer (Sunday)
55 JFK Rd.
Class E liquor, Class B Wine,
Class C Beer (Sunday)
Passed, approved and adopted this 16th day of May, 2016.
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Roy D. Buol, Mayor
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 Resnick. Motion carried 7-0.
1. Rite Hite/AB(MC)2 Expansion Development Agreement: City Manager recom-
mending that a public hearing be set for June 6, 2016, on the proposal to enter into a
Development Agreement with Rite Hite/AB(MC)2 for their expansion project at 4343
Chavenelle Road. Upon motion the documents were received and filed and Resolution
No. 194-16 Fixing the date for a public hearing of the City Council of the City of Dubu-
que, Iowa on the execution of a Development Agreement with Rite Hite/AB(MC)2 and
the proposed issuance of Urban Renewal Tax Increment Revenue Obligations and
providing for the publication of notice thereof was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on June 6, 2016 in the Historic Federal Building.
RESOLUTION NO. 194-16
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE EXECUTION OF A DEVELOPMENT AGREEMENT
WITH RITE HITE/AB(MC)2 AND THE PROPOSED ISSUANCE OF URBAN RENEWAL
TAX INCREMENT REVENUE OBLIGATIONS AND PROVIDING FOR THE PUBLICA-
TION OF NOTICE THEREOF
Whereas, City of Dubuque, Iowa (City) and Rite Hite/AB(MC)2 have entered into a
Development Agreement, subject to the approval of the City Council, a copy of which is
now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque, Iowa;
and
Whereas, the City Council has tentatively determined that it would be in the best in-
terests of the City to approve the Development Agreement with Rite Hite/AB(MC)2; and
Whereas, it is deemed necessary and advisable that City should authorize Urban
Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code
of Iowa, and to enter into the Development Agreement for the purpose of carrying out
the expansion of property located at 4343 Chavenelle Drive as described in the Devel-
opment Agreement; and
Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of the proposal and of the time and place of
the meeting at which the City Council proposes to take action thereon and at which
meeting the City Council shall receive oral and/or written objections from any resident or
property owner of said City to such proposed action.
14
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 a notice to be
published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's
intent to enter into a Development Agreement with Rite Hite/AB(MC)2 and to authorize
Urban Renewal Tax Increment Revenue obligations, to be held on the 6th day of June,
2016, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building,
350 W. 6th St., Dubuque, Iowa.
Section 2. The City Council will meet at said time and place for the purpose of taking
action on approving the execution of the Development Agreement with Rite
Hite/AB(MC)2 and authorizing Urban Renewal Tax Increment Revenue obligations, the
proceeds of which obligations will be used to carry out certain of the special financing
activities described in the Amended and Restated Urban Renewal Plan for the Dubuque
Industrial Center Economic Development District, consisting of the funding of economic
developments grants to Hite/AB(MC)2 pursuant to the Development Agreement. It is ex-
pected that the aggregate amount of the Tax Increment Revenue obligations to be is-
sued will be approximately $1,236,700.
Section 3. The Clerk is hereby directed to cause at least one publication to be made
of a notice of said meeting, in a newspaper, printed wholly in the English language, and
having general circulation in said City, said publication to be not less than four days nor
more than twenty days before the date of said meeting on the issuance of said obliga-
tions.
Section 4. That the notice of the proposed action to issue said obligations shall be in
substantially the form attached hereto.
Passed, approved and adopted this 16th day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Vacating Petition - North Grandview Avenue / University Avenue Right -of -Way:
City Manager recommending that a public hearing be set for June 6, 2016, on the dis-
position of a portion of the North Grandview Avenue right-of-way in the southwest cor-
ner of North Grandview Avenue and University Avenue to Tom Tiefenthaler of K&T Real
Estate, LLC. Upon motion the documents were received and filed and Resolution No.
195-16 Resolution of Intent to vacate and dispose of City Interest in a portion of the right
of way of North Grandview Avenue south of University Avenue, being part of Lots 1 and
2 of the Subdivision of Lot 12 of Mineral Lot 172, to be known as Lot 1 of Tiefenthaler
2nd Place, in the City of Dubuque, Iowa by sale to K&T Real Estate, LLC was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on June 6, 2016 in the
Historic Federal Building.
RESOLUTION NO. 195-16
INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A PORTION OF THE
RIGHT OF WAY OF NORTH GRANDVIEW AVENUE SOUTH OF UNIVERSITY AVE-
NUE, BEING PART OF LOTS 1 AND 2 OF THE SUBDIVISION OF LOT 12 OF MIN-
ERAL LOT 172, TO BE KNOWN AS LOT 1 OF TIEFENTHALER 2ND PLACE, IN THE
CITY OF DUBUQUE, IOWA BY SALE TO K&T REAL ESTATE, LLC
Whereas, K&T Real Estate, LLC has requested the vacating and purchase of the por-
tion of the Right of Way of North Grandview Avenue south of University Avenue, being
part of Lots 1 and 2 of the Subdivision of Lot 12 of Mineral Lot 172; and
15
Whereas, Hinkle Engineering and Surveying has prepared and submitted to the City
Council a plat showing the proposed vacated Right of Way of North Grandview Avenue
south of University Avenue, being part of Lots 1 and 2 of the Subdivision of Lot 12 of
Mineral Lot 172, in the City of Dubuque, Iowa and assigned lot numbers thereto, which
hereinafter shall be known and described as Lot 1 and Lot 2 of Tiefenthaler 2nd Place, in
the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque intends to vacate and dispose of its interest in
Lot 1 of Tiefenthaler 2nd Place, in the City of Dubuque, Iowa by sale to K&T Real estate,
LLC upon the terms and conditions of the Offer to Buy Real Estate and Acceptance
Agreement attached hereto.
Section 2. That the conveyance of Lot 1 of Tiefenthaler 2nd Place, in the City of
Dubuque, Iowa to K&T Real Estate, LLC be contingent upon the payment in the amount
of $31,549.12, subject to the conditions of the Offer To Buy Real Estate and Ac-
ceptance Agreement between the City and K&T Real Estate, LLC, plus all applicable
costs for platting, publication, and filing fees.
Section 3. That a public hearing on the intent to vacate and dispose of Lot 1 of
Tiefenthaler 2nd Place by sale to K&T Real Estate, LLC is hereby set for the 6th day of
June, 2016, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, begin-
ning at 6:30 p.m., and the City Clerk be and is hereby authorized and directed to cause
a notice of public hearing on the intent to vacate and dispose of said real estate to be
published in the manner as prescribed by law.
Passed, approved and adopted this 16th day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointment to the following commission was made at this meeting.
1. Building Code and Advisory Appeals Board: One, 3 -year term through August 1,
2018 (Vacant term of Carr - Residential Contractor). Applicant: Mark Gudenkauf, 1251
Deer Creek Ridge (Qualifies for Residential Contractor). Motion by Lynch to appoint Mr.
Gudenkauf to a 3 -year term. Seconded by Connors. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council on the following items.
1. Request to Rezone - End of Wolff Road: Proof of publication on notice of public
hearing to consider a request by Steve Smith to rezone property at the end of Wolff
Road (Parcel ID# 1020376004) from CSc Commercial Service & Wholesale with condi-
tions to LI Light Industrial District 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 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 Lynch. Planning Services Manager Laura Carstens provided a staff report.
Motion carried 7-0.
16
Motion by Connors for final consideration and passage of Ordinance No.15-16
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located at the end of Wolff Road
from CSc Commercial Service and Wholesale District with conditions to LI Light Indus-
trial District with conditions as established in the attached Memorandum of Agreement.
Seconded by Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 15-16
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT THE END OF WOLFF ROAD FROM CSc COMMERCIAL
SERVICE AND WHOLESALE DISTRICT WITH CONDITIONS TO LI LIGHT INDUS-
TRIAL DISTRICT WITH CONDITIONS AS ESTABLISHED IN THE ATTACHED MEM-
ORANDUM OF AGREEMENT
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 CSc Commercial Service and Wholesale District with conditions to LI Light Indus-
trial District with conditions, to wit:
Lot 1 of Lot 1 North Range Industrial Park #3, 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 16th day of May, 2016.
/s/Roy D. Buol, Mayor
/s/Attest: Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 20th day of May, 2016.
/s/Kevin S. Firnstahl, City Clerk
MEMORANDUM OF AGREEMENT
Pursuant to the Iowa Code Section 414.5 (2015), and as an express condition of re-
zoning of the property located at the end of Wolff Road and legally described as:
Lot 1 of Lot 1 North Range Industrial Park #3, and to the center line of the adjoin-
ing public right-of-way, all in the City of Dubuque, Iowa.
which is the subject of Ordinance No. 15-16 , a copy of which is attached hereto and
incorporated herein by reference, the undersigned property owner(s) agree(s) to the fol-
lowing conditions, all of which the property owner(s) further agree(s) are reasonable and
are imposed to satisfy public needs which are caused directly by the rezoning:
A. Conditions:
1. The building height be limited to 40 feet.
2. The building setback along the west property line be a minimum of 30 feet.
3. The western boundary of the subject property be planted with trees of a species
that at maturity would be a minimum of 80 feet in height. Planting of these trees
is to undertaken with 12 months after the building permit is obtained.
17
B. Reclassification of the Subject Property. The City of Dubuque, Iowa may initiate
zoning reclassification proceedings to the Commercial Service and Wholesale District
with conditions if the property owner fails to complete any of the conditions or provisions
of this Agreement.
C. Modifications. Any modifications of this Agreement shall be considered a zoning
reclassification and shall be subject to the provisions of the Title 16, Unified Develop-
ment Code, governing zoning reclassifications. All such modifications must be approved
by the City Council of Dubuque, Iowa.
D. Recording. A copy of this Agreement shall be recorded with the Dubuque County
Recorder as a permanent record of the conditions accepted as part of this rezoning ap-
proval within thirty (30) days of the adoption of Ordinance No. 15-16.
E. Construction. This Agreement shall be construed and interpreted as though it were
part of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code.
F. This Agreement shall be binding upon the undersigned and his/her heirs, succes-
sors and assignees.
ACCEPTANCE OF ORDINANCE NO. 15-16
I, Steve Smith, representing property owner, having read the terms and conditions of
the foregoing Ordinance No. 15-16 and being familiar with the conditions thereof, here-
by accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this day of 2016.
/s/Steve Smith
2. Request to Rezone - 800 and 804 Rhomberg Avenue: Proof of publication on no-
tice of public hearing to consider a request by Al Urbain Construction Management, Inc.
to rezone property at 800 & 804 Rhomberg Avenue from C-1 Neighborhood Commer-
cial and R -2A Alternate Two -Family Residential to C-2 Neighborhood Shopping Center
zoning district and the Zoning Advisory Commission recommending approval. Motion by
Lynch 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. Planning
Services Manager Laura Carstens provided a staff report. Developer Clark Wolff re-
sponded to questions from the City Council described the project and provided infor-
mation regarding the process used to inform adjacent property owners. Motion carried
7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 16-16 Amend-
ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 800 and 804 Rhomberg Avenue
from R-1 Single -Family Residential and C-1 Neighborhood Commercial District to C-2
Neighborhood Shopping Center District. Seconded by Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 16-16
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 800 AND 804 RHOMBERG AVENUE FROM R-1 SINGLE-
FAMILY RESIDENTIAL AND C-1 NEIGHBORHOOD COMMERCIAL DISTRICT TO C-
2 NEIGHBORHOOD SHOPPING CENTER DISTRICT
18
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 and C-1 Neighborhood Commercial District to C-2
Neighborhood Shopping Center District, to wit:
Lot 16 and the southwest 6.8 feet of Lot 15 Dreibelbis Subdivision and the north-
east 40 feet of Lot 15 Dreibelbis Addition, and to the centerline of the adjoining
public right-of-way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zon-
ing Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication as provided
by law.
Passed, approved and adopted this 16th day of May, 2016.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 20th day of May, 2016.
/s/Kevin S. Firnstahl, City Clerk
3. Request to Amend PUD - Historic Millwork District: Proof of publication on notice of
public hearing to consider approval of a request by Keith Gutierrez to amend the Histor-
ic Millwork District Planned Unit Development (PUD) to allow microbrewery, winery and
distillery as permitted uses and the Zoning Advisory Commission recommending ap-
proval.
Restated motion by Connors to receive and file the documents and refer the pro-
posed ordinance back to the Zoning Advisory Commission to reconsider as "conditional
use" to include conditions such as noise and odor and for staff to expedite the amend-
ment. Seconded by Lynch. Motion carried 6-1 with Rios voting nay.
Assistant City Attorney Crenna Brumwell provided an explanation of simple and su-
per majority votes for the City Council as they pertain to action on this item. Planning
Services Manager Laura Carstens provided a staff report and acknowledged receipt of
correspondence from Gronen Development. John Gronen, president of Gronen Devel-
opment, 900 Jackson Street, and architect Jeff Morton stated that while they were ex-
cited about the proposed business, they had concerns with noise, odor and delivery traf-
fic associated with microbreweries that may impact adjacent properties and develop-
ment. Mr. Gronen proposed replacing the permitted use concept with conditional use in
the amendment as it would allow a review process. Developer Keith Gutierrez described
his proposal and stated that production at his microbrewery would be closer to that of a
brew pub and thereby have minimal impact unlike other business already on the list of
allowable uses in the district. He added that reconsideration of the amendment would
cause some delay on his project, but that he intends to continue as planned. Bob John-
son, 333 E. 10th Street, stated that he has no concerns with Mr. Gutierrez's project, but
is concerned about what future projects may bring to the district and supported the con-
ditional use concept. HMD property owner, Tim McNamara, 195 Bradley Street, stated
that he welcomes new business but supports the conditional use concept so each busi-
ness could be scrutinized for potentially unharmonious elements. Nancy Kann of Gro -
nen Development stated that she welcomes Mr. Gutierrez to the Historic Millwork Dis-
trict and that they had discussed project development, but were unable to come to an
agreement without a business plan at the time.
19
4. Carnegie -Stout Public Library Maker Space Project: Proof of publication on notice
of public hearing to consider approval of plans, specifications, form of contract and es-
timated cost for the Carnegie --Stout Public Library Maker Space Project and the City
Manager recommending approval. Motion by Lynch to receive and file the documents
and adopt Resolution No. 196-16 Approval of plans, specifications, form of contract, and
estimated cost for the Carnegie -Stout Public Library's (C -SPL) Maker Space Project.
Seconded by Connors. Responding to questions from the City Council, City Manager
Van Milligen stated that project expenses are expected to be paid from grants and do-
nations to the Library with no cost to the City. Motion carried 7-0.
RESOLUTION NO. 196-16
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR THE CARNEGIE-STOUT PUBLIC LIBRARY'S (C -SPL) MAKER
SPACE 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
Carnegie -Stout Public Library's (C -SPL) Maker Space Project, in the estimated amount
$173,250.00, are hereby approved.
Passed, adopted and approved this 16th day of May, 2016.
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. Public Input at City Council Meetings (2nd Reading): City Attorney submitting a
proposed ordinance concerning the placement of Public Input on the Council agenda.
Motion by Connors to consider the second reading of a proposed ordinance amending
City of Dubuque Code of Ordinances Title 1 Administration, Chapter 6 Mayor and City
Council, Article A Rules and Procedure, Sections 1-6A-11 Order of Business and Agen-
da and 1-6A-14 Rights of Public by clarifying the rules relating to communications to the
City Council and the Public Input Agenda. Seconded by Resnick. Motion carried 7-0.
2. Start Time for City Council Meetings (2nd Reading): City Attorney submitting a pro-
posed ordinance adjusting the start time for regular meetings. Motion by Lynch to con-
sider the second reading of a proposed ordinance amending City of Dubuque Code of
Ordinances Title 1 Administration, Chapter 6 Mayor and City Council, Article A Rules
and Procedure, Section 1-6A-3 Types of Meeting by establishing the meeting time for
regular City Council meetings of 6:00 PM. Seconded by Connors. City Council dis-
cussed the pros and cons of the earlier start time. Mayor Buol and Council Member
Resnick asked that the third reading of the ordinance be scheduled for the meeting of
July 5, 2016 as they will not be in attendance at the June 6 and June 20 meetings re-
spectively. Motion carried 4-3 with Resnick, Del Toro, and Rios voting nay.
3. Rite Hite/AB(MC)2 - Iowa Economic Development Authority Application for State
Assistance: City Manager recommending approval of the submittal of an Economic De-
velopment Assistance Application to the Iowa Economic Development Authority on be -
20
half of Rite Hite/AB(MC)2 for their proposed expansion in Dubuque. Motion by Lynch to
receive and file the documents and adopt Resolution No. 197-16 Authorizing the filing of
an application for State Business Financial Assistance on behalf of Rite Hite/AB(MC)2.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 197-16
AUTHORIZING THE FILING OF AN APPLICATION FOR STATE BUSINESS FINAN-
CIAL ASSISTANCE ON BEHALF OF RITE HITE/AB(MC)2
Whereas, Rite Hite/AB(MC)2 has proposed making an Eight Million Nine Hundred
Thousand Dollar ($8,900,000.00) investment for a one hundred forty thousand square
foot (140,000 sq. ft.) expansion to its current manufacturing and office facility in the City
of Dubuque, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal
and has determined that the proposed project will contribute to the local economy
through the creation of twenty-four (24) full-time jobs in the City, eleven (11) of which
qualify for the Iowa Economic Development Authority Business Financial Assistance
Program; and
Whereas, financial assistance from the Iowa Economic Development Authority is de-
signed to assist in the economic development efforts of local jurisdictions; and
Whereas, the Iowa Economic Development Authority has requested execution of an
Economic Development Assistance Contract in order to finalize incentives and docu-
ment associated terms for the facility expansion of Rite Hite/AB(MC)2's current location
at 4343 Chavenelle Road in the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the filing of an Application for participation in the Iowa Economic De-
velopment Authority's Financial Assistance Program on behalf of Rite Hite/AB(MC)2, a
copy of which is attached hereto, is hereby approved.
Section 2. That the Mayor is hereby authorized to execute and the City Manager is
hereby directed to submit the Application to the Iowa Economic Development Authority
together with such other documents as may be required.
Passed, approved, and adopted this 16tn day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. North Grandview Avenue, Delhi Street and Grace Street Roundabout Project
Award: City Manager recommending award of the construction contract for the North
Grandview Avenue, Delhi Street and Grace Street Roundabout Project to the low bidder
Portzen Construction, Inc. Motion by Lynch to receive and file the documents and adopt
Resolution No. 198-16 Awarding Public Improvement Contract for the North Grandview
Avenue and Delhi Street Roundabout Intersection Improvement Project. Seconded by
Rios. Motion carried 7-0.
RESOLUTION NO. 198-16
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE NORTH GRANDVIEW
AVENUE AND DELHI STREET ROUNDABOUT INTERSECTION IMPROVEMENT
PROJECT
Whereas, sealed proposals have been submitted by contractors for the North
Grandview Avenue and Delhi Street Roundabout Intersection Improvement Project, (the
21
Project) pursuant to Resolution No. 154-16 and Notice to Bidders published in a news-
paper published in the City of Dubuque, Iowa on the 22nd day of April, 2016.
Whereas, said sealed proposals were opened and read on the 5th day of May, 2016
and it has been determined that Portzen Construction, Inc. of Dubuque, Iowa with a bid
in the amount of $698,000.59 is the lowest responsive, responsible bidder for the Pro-
ject.
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 Portzen
Construction, Inc. and the City Manager is hereby directed to execute a Public Im-
provement Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 16th day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Dubuque Industrial Center South - Verena Court Project Award: City Manager rec-
ommending award of the construction contract for the Dubuque Industrial Center South
- Verena Court Project to the low bidder Drew Cook and Sons Excavating. Motion by
Lynch to receive and file the documents and adopt Resolution No. 199-16 Awarding
Public Improvement Contract for the Verena Court Project. Seconded by Rios. Motion
carried 7-0.
RESOLUTION NO. 199-16
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE VERENA COURT
PROJECT
Whereas, sealed proposals have been submitted by contractors for the Verena Court
Project, (the Project) pursuant to Resolution No. 153-16 and Notice to Bidders pub-
lished in a newspaper published in the City of Dubuque, Iowa on the 22nd day of April,
2016; and
Whereas, said sealed proposals were opened and read on the 5th day of May, 2016
and it has been determined that Drew Cook and Sons Excavating, Inc. of Dubuque, Io-
wa, with a bid in the amount of $193,735.50 is the lowest responsive, responsible bidder
for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Drew Cook
and Sons Excavating, Inc. and the City Manager is hereby directed to execute a Public
Improvement Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 16th day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. English Ridge Subdivision No. 7 - Final Plat: City Manager recommending approv-
al of the final plat of English Ridge Subdivision No. 7 and states that it is in compliance
with the City of Dubuque Unified Development Code. Motion by Lynch to receive and
file the documents and adopt Resolution No. 200-16 Authorizing approval of the Final
Plat of English Ridge Subdivision No. 7 in the City of Dubuque, Iowa. Seconded by
Rios. Motion carried 7-0.
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RESOLUTION NO. 200-16
AUTHORIZING APPROVAL OF THE FINAL PLAT OF ENGLISH RIDGE SUBDIVI-
SION NO. 7 IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of English Ridge Sub-
division No. 7 in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears a water booster station facility (Lot A), streets
to be known as South Shrewsbury Lane (Lot B), Stone Valley Drive (Lot C), Shrewsbury
Lane (Lot D) and English Mill Road (Lot E) together with certain public utility easements,
which the owner by said final plat has dedicated to the public forever; and
Whereas, the preliminary plat has been examined by the Zoning Advisory Commis-
sion and its approval has been endorsed thereon; and
Whereas, said final plat has been reviewed by the City Planner and her approval has
been endorsed thereon, subject to the owner's agreeing to the conditions specified
herein; and
Whereas, said final plat has been examined by the City Council and the City Council
find the final plat conforms to the applicable statutes and ordinances, except that streets
and public utilities have not yet been completely constructed or installed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of a water booster station facility (Lot A), South
Shrewsbury Lane (Lot B), Stone Valley Drive (Lot C), Shrewsbury Lane (Lot D) and
English Mill Road (Lot E) and the easements for public utilities, storm sewer and water
ains, as they appear on said final plat, be and the same are hereby accepted.
Section 2. That the Final Plat of English Ridge Subdivision No. 7 is hereby approved
and the Mayor and City Clerk are hereby authorized and directed to endorse the ap-
proval of the City of Dubuque, Iowa, upon said final plat, provided the owners of said
property herein named, execute their written acceptance of the attached conditions and
further agree:
a. To reduce South Shrewsbury Lane (Lot B), Stone Valley Drive (Lot C) and
Shrewsbury Lane (Lot D) to grade and to construct longitudinal sub -drain, con-
crete curb and gutter with asphaltic concrete pavement or Portland Cement con-
crete pavement with integral curb, all in accordance with the City of Dubuque
standard specifications in a manner acceptable to the City Engineer, and in ac-
cordance with construction improvement plans approved by the City Engineer, and
inspected and approved by the City Engineer.
b. To install sanitary sewer mains and sewer service laterals into each individual
lot, water mains and water control devices all in accordance with the City of Dubu-
que service laterals into each individual lot, storm sewers and catch basins, boule-
vard street lighting, fiber optic conduit and vaults, and erosion standard specifica-
tions in a manner acceptable to the City Engineer, and in accordance with con-
struction improvement plans approved by the City Engineer, and inspected and
approved by the City Engineer.
c. To construct accessible sidewalk ramps at the intersections of Stone Valley
Drive with South Shrewsbury Lane, and at the intersection of Shrewsbury Lane, all
in accordance with the City of Dubuque standard specifications in a manner ac-
ceptable to the City Engineer, and in accordance with construction improvement
plans approved by the City Engineer, and inspected and approved by the City En-
gineer.
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d. To construct the improvements outlined in (a), (b) and (c) above within two
years from the date of acceptance of this resolution, at the sole expense of the
owners, or future owner.
e. To maintain the improvements outlined in (a), (b) and (c) above for a period of
two (2) years from the date of the acceptance of those improvements by the City
Council of the City of Dubuque, Iowa, at the sole final expense of the owners, or
future owner.
f. To provide security for the performance of the foregoing conditions specified in
Section 16-11-24 of the Unified Development Code in such form and with such
sureties as may be acceptable to the City of Dubuque, Iowa.
Section 3. That sidewalk installation, excluding the accessible ramps noted in Section
2(c) above, shall be the responsibility of each lot owner for each lot abutting the public
rights-of-way, including lots with multiple frontages, as required by City Code Chapter
10-1-2 (Sidewalk Installation and Repair).
Section 4. That the owner must continue to own and maintain stormwater detention
basin (Lot A of English Ridge Subdivision) until (1) the facility has been fully completed,
(2) 80% of the platted lots shown on the preliminary plat of English Ridge Subdivision
have been fully developed, and 3) adequate erosion control measures, as approved by
the City Engineer, have been installed on the remaining 20% of the said lots. Ac-
ceptance of the detention facility must be approved by the City Council as required by
the Unified Development Code. Upon the City's acceptance of the detention facility, the
inspection, administrative and maintenance expenses incurred by the City of Dubuque
for the storm water detention facility (Lot A of English Ridge Subdivision) shall be as-
sessed against the property owners, except the City of Dubuque, of all phases of Eng-
lish Ridge Subdivision as indicated above and on the preliminary plat, in equal amounts,
and the City Manager shall certify such costs to the City Clerk, who in turn shall prompt-
ly certify such costs to the Dubuque County Treasurer, and such costs shall then be col-
lected with and in the same manner as general property taxes in accordance with provi-
sions of law.
Section 5. That the planting of street trees shall be coordinated with the City Forester.
Any trees planted within the street right-of-way must be chosen and planted by the City
of Dubuque Leisure Services Department at the developer's expense.
Section 6. That the final acceptance of the public improvements shall only occur upon
certification of the City Engineer to the City Council that the public improvements have
been completed in accordance with the approved improvement plans and City stand-
ards and specifications and accepted by City Council Resolution.
Section 7. That in the event English Ridge, LLC fails to execute the acceptance and
furnish the guarantees provided hereof within 180 days after the date of this Resolution,
the provisions hereof shall be null and void and the acceptance of the dedication and
approval the plat shall not be effective.
Passed, approved and adopted this 16th day of May, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ACCEPTANCE OF RESOLUTION NO. 200-16
I, the undersigned, Ron Klein, representing English Ridge, LLC, having read the
terms and conditions of the Resolution No. 200-16 and being familiar with the conditions
thereof, hereby accept this same and agree to the conditions required therein.
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Dated in Dubuque, Iowa this
day of 2016.
/s/Ron Klein
7. Code of Ordinances Amendment - Title 7 Tobacco Products to Underage Persons:
City Manager recommending approval of an amendment to the City of Dubuque Code
of Ordinances Section 7-5A-15, Tobacco Products to Underage Persons, to mirror the
Iowa Code, which includes vapor and tobacco alternatives. Motion by Lynch to receive
and file the documents and that the requirement that a proposed ordinance be consid-
ered 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. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 17-16 Amend-
ing City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter
5 Offenses, Article A General Offenses, Section 7-5A-15 Tobacco Products to underage
persons to mirror the State Code. Seconded by Rios. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 17-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE
AND PUBLIC SAFETY, CHAPTER 5 OFFENSES, ARTICLE A GENERAL OFFENS-
ES, SECTION 7-5A-15 TOBACCO PRODUCTS TO UNDERAGE PERSONS TO MIR-
ROR THE STATE CODE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 7-5A-15 of the City of Dubuque Code of Ordinances is amended
to read as follows:
7-5A-15: TOBACCO PRODUCTS TO UNDERAGE PERSONS:
A. Restrictions:
1. A person shall not sell, give, or otherwise supply any tobacco, tobacco products,
alternative nicotine products, vapor products, or cigarettes to any person under
eighteen (18) years of age.
2. A person under eighteen (18) years of age shall not smoke, use, possess, pur-
chase, or attempt to purchase any tobacco, tobacco products, alternative nicotine
products, vapor products, or cigarettes.
3. Possession of tobacco, tobacco products, alternative nicotine products, vapor
products, or cigarettes by an individual under eighteen (18) years of age does not
constitute a violation under this section if the individual under eighteen (18) years
of age possesses the tobacco, tobacco products, alternative nicotine products, va-
por products, or cigarettes as part of the individual's employment and the individu-
al is employed by a person who holds a valid permit under the Iowa Code or who
lawfully offers for sale or sells cigarettes or tobacco products.
4.
a. A person shall not be guilty of a violation of this section if conduct that would
otherwise constitute a violation is performed to assess compliance with tobac-
co, tobacco products, alternative nicotine products, vapor products, or cigarette
laws if any of the following applies:
(1) The compliance effort is conducted by or under the supervision of law en-
forcement officers.
(2) The compliance effort is conducted with the advance knowledge of law
enforcement officers and reasonable measures are adopted by those con -
25
ducting the effort to ensure that use of tobacco, tobacco products, alternative
nicotine products, vapor products, or cigarettes by individuals under eighteen
(18) years of age does not result from participation by any individual under
eighteen (18) years of age in the compliance effort.
b. For the purposes of this subsection, "law enforcement officer" means a peace
officer as defined in Iowa Code section 801.4 and includes persons designated
under this subsection to enforce this section.
B. Penalty:
1
a. A person, other than a retailer, who violates subsection Al of this section, is
guilty of a simple misdemeanor.
b. An employee of a retailer who violates subsection Al of this section, commits
a simple misdemeanor punishable as a scheduled violation under Iowa Code
section 805.8C.
2. A person who violates subsection A2 of this section, is subject to the following,
as applicable:
a. A civil penalty pursuant to Iowa Code section 805.8C.
b. For a first offense, performance of eight (8) hours of community work re-
quirements, unless waived by the court.
c. For a second offense, performance of twelve (12) hours of community work
requirements.
d. For a third or subsequent offense, performance of sixteen (16) hours of
community work requirements.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 16th day of May, 2016.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 20th day of May, 2016.
/s/Kevin S. Firnstahl, City Clerk
8. Code of Ordinances Amendment - Title 7 Public Urination or Defecation: City
Manager recommending approval of an amendment to City of Dubuque Code of Ordi-
nances Section 7-5A-9, Public Urination or Defecation, that removes the $50 scheduled
fine for the violation and gives the City the ability to set the fine within the simple mis-
demeanor range. Motion by Connors to receive and file the documents and that the re-
quirement 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 Lynch. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 18-16
Amending City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety,
Chapter 5 Offenses, Article A General Offenses, Section 7-5A-9 Public Urination or
Defecation to remove the scheduled fine. Seconded by Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 18-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE
AND PUBLIC SAFETY, CHAPTER 5 OFFENSES, ARTICLE A GENERAL OFFENS-
ES, SECTION 7-5A-9 PUBLIC URINATION OR DEFECATION TO REMOVE THE
SCHEDULED FINE
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 7-5A-9 of the City of Dubuque Code of Ordinances is amended to
read as follows:
7-5A-9: PUBLIC URINATION OR DEFECATION:
It shall be unlawful for any person to urinate or defecate in or upon any public or
common property including, but not limited to, streets, alleys, sidewalks or in any other
place where the person could reasonably expect to be seen by the public. This section
shall not apply to private restrooms or public facilities designated for such purpose.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 16th day of May, 2016.
/s/Roy D. Buol, Mayor
Attest: is/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 20th day of May, 2016
/s/Kevin S. Firnstahl, City Clerk
9. 2016 Art on the River Feature - Temporary Loan of "Continuum:" City Manager
recommending approval to use the "Continuum," one of the City's first public art acquisi-
tions, as a featured work at this year's Art on the River exhibit. Motion by Lynch to re-
ceive and file the documents and approve the recommendation. Seconded by Connors.
Motion carried 7-0.
10. Greater Dubuque Development Corporation - Board Membership: Correspond-
ence from Rick Dickinson, President & CEO for Greater Dubuque Development Corpo-
ration, requesting confirmation of the Mayor's appointment and two City Council repre-
sentatives to the GDDC Board of Directors for the terms of Council Members Connors
and Lynch that expire June 30, 2017. Motion by Lynch to receive and file the documents
and concur. Seconded by Connors. Motion carried 7-0.
11. Request for Work Session - Bee Branch Creek Restoration Project Walking Tour:
City Manager recommending that the City Council schedule the Bee Branch Creek Res-
toration Project Walking Tour Work Session for Monday, May 23, 2016, at 5:30 p.m.
Motion by Lynch to receive and file the documents and set the work session as recom-
mended. Seconded by Connors. Motion carried 7-0.
CLOSED SESSION
Motion by Connors at 8:23 p.m. to convene in closed session to discuss pending liti-
gation and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Se-
conded by Rios. Mayor Buol stated for the record that the attorneys who will consult
with the City Council on issues to be discussed in closed session are Crenna Brumwell
and Maureen Quann. Motion carried 7-0. Council Member Jones left the meeting.
Upon motion at 8:46 p.m. the City Council reconvened in open session having given
staff proper direction.
There being no further business, upon motion the City Council adjourned at 8:47 p.m.
Kevin S. Firnstahl, CMC, City Clerk
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