8 15 16 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on August 15, 2016 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors, Jones, Lynch, Resnick, Rios (via
phone); Assistant City Manager Steinhauser, City Attorney Lindahl
Absent: Council Member Del Toro
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Welcome Back College Students Weeks (August 22 -September 5, 2016) was
accepted by Jan Powers, Director of Workforce Solutions for Greater Dubuque
Development Corporation.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Connors. Motion carried 6-0.
1. Minutes and Reports Submitted: Arts and Cultural Advisory Commission of 6/28;
City Council Proceedings of 7/26; 8/1, 8/2, 8/3, 8/4; Community Development Advisory
Commission of 7/19; Dubuque County Emergency Management Commission Minutes
of 11/3/2015; 2/16/2016; 5/17/2016; Five Flags Civic Center Advisory Commission of
7/25; Housing Commission of 7/26; Investment Oversight Advisory Commission of 7/27;
Library Board of Trustees of 5/26, 6/6, 6/23; Park and Recreation Commission of 7/12;
Transit Advisory Board of 7/14; Zoning Advisory Commission of 8/3; Zoning Board of
Adjustment of 7/28; Proofs of Publication for City Council Proceedings of 7/11, 7/18,
7/26; Proof of Publication for List of Claims and Summary of Revenues for Month
Ending 6/30. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Terry Frost for property damage; Martha Intveld for
vehicle damage. Upon motion the documents were received, filed and referred 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
Assurance Pool: Terry Frost for property damage; Martha Intveld for vehicle damage.
Upon motion the documents were received, filed and concurred.
4. AmeriCorps Partners in Learning 2016-17 Grant Agreement: City Manager
recommending approval of a grant agreement with the Iowa Commission on Volunteer
Services for the AmeriCorps Program. Upon motion the documents were received, filed
and approved.
5. Continuum of Care Phoenix Housing Special Needs Assistance Program: City
Manager recommending approval of a contract with the U.S. Department of Housing
and Urban Development (HUD) for administration of the Continuum of Care Phoenix
Housing Special Needs Assistance Program that provides rental assistance for
homeless, disabled persons. Upon motion the documents were received, filed and
approved.
6. Request for Proposals - Outdoor Pools Facility Assessment Consultant Services:
City Manager recommending approval of a Request for Proposal for consultant services
for an in-depth assessment of both Flora and Sutton Pools. Assessment to include a
detailed report on a maintenance plan and recommendations, as well as develop a
master plan for long-term planning. Upon motion the documents were received, filed
and approved.
7. Southwest Arterial Property Acquisition Parcel 76 — Siebe: City Manager
recommending approval of a resolution accepting the Grant of Permanent Utility
Easement from Wesley A. Siebe and Sandra S. Siebe for the purchase of a permanent
utility easement for the Southwest Arterial Project. Upon motion the documents were
received and filed and Resolution No. 297-16 Accepting a Grant of Permanent Utility
Easement for the Southwest Arterial Project from Wesley A. and Sandra S. Siebe was
adopted.
RESOLUTION NO. 297-16
ACCEPTING A GRANT OF PERMANENT UTILITY EASEMENT FOR THE
SOUTHWEST ARTERIAL PROJECT FROM WESLEY A. AND SANDRA S. SIEBE
Whereas, the City of Dubuque entered into an agreement for the purchase of an
easement for the Southwest Arterial Project with Wesley A. Siebe and Sandra S. Siebe
for the property legally described as:
A parcel of land situated in part of Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of
Lot 1 of Lot 1 of the Southwest 1/4 of the Southeast 1/4 of Section 29,
Township 89 North, Range 2 East of the 5th P.M. City of Dubuque, County
of Dubuque, State of Iowa, as more particularly shown on the 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:
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Section 1. The Grant of Permanent Utility Easement attached hereto is hereby
accepted.
Section 2. The City Clerk is authorized and directed to record this resolution and the
Grant of Permanent Utility Easement with the Dubuque County Recorder.
Passed, approved and adopted this 15th day of August, 2016.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
8. Four Mounds Strategic Planning Agreement; City Manager recommending
approval of an agreement between the City of Dubuque and Four Mounds Foundation
for development of short- and long-term strategic planning. Upon motion the documents
were received, filed and approved.
9. Rite Hite / Iowa Economic Development Authority Contract: City Manager
recommending approval of a contract by and among Rite Hite/AB(MC)2' the City of
Dubuque and the Iowa Economic Development Authority for expansion of Rite Hite's
operations in Dubuque. Upon motion the documents were received and filed and
Resolution No. 298-16 Authorizing the execution of a contract for State Business
Financial Assistance by and among Rite Hite/AB(MC)2, the City of Dubuque, Iowa and
the Iowa Economic Development Authority was adopted.
RESOLUTION NO. 298-16
AUTHORIZING THE EXECUTION OF A CONTRACT FOR STATE BUSINESS
FINANCIAL ASSISTANCE BY AND AMONG RITE HITE/AB(MC)2, THE CITY OF
DUBUQUE, IOWA, AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY
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 at 4343
Chavenelle Road 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
designed 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
document associated terms for the facility expansion of Rite Hite/AB(MC)2.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the execution of the Economic Development Assistance Contract for
participation in the Iowa Economic Development Authority's Financial Assistance
Program on behalf of Rite Hite/AB(MC)2, a copy of which is attached hereto, is hereby
approved.
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Section 2. That the Mayor is hereby authorized to execute and the City Manager is
hereby directed to submit the Economic Development Assistance Contract to the Iowa
Economic Development Authority together with such other documents as may be
required.
Passed, approved, and adopted this 15th day of August, 2016.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
10. Community Housing Initiatives (CHI) Agreement: City Manager recommending
approval of an agreement between Community Housing Initiatives - Washington
Neighborhood Housing Partnership and the City of Dubuque's Housing & Community
Development Department. Upon motion the documents were received, filed and
approved.
11. Hillcrest Family Services Environmental Review Determination: City Manager
recommending approval for the Mayor to execute the Environmental Review
Determination for Hillcrest Family Services Continuum of Care -Funded Program. Upon
motion the documents were received, filed and approved.
12. Quarterly Investment Report for July 30, 2016: City Manager transmitting the
June 30, 2016 Quarterly Investment Report. Upon motion the documents were received
and filed.
13. NW Arterial Fiber Optics - John F. Kennedy Road to US 52 Project Acceptance:
City Manager recommending acceptance of the construction contract for the NW
Arterial Fiber Optics — JFK to US 52 Project as completed by Portzen Construction, Inc.
Upon motion the documents were received and filed and Resolution No. 299-16
Accepting the NW Arterial Fiber Optics - JFK to US 52 Project and authorizing the
payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 299-16
ACCEPTING THE NW ARTERIAL FIBER OPTICS - JFK TO US 52 PROJECT AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE
CONTRACTOR
Whereas, the Public Improvement Contract for the NW Arterial Fiber Optics — JFK to
US 52 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; and
Whereas, the final contract amount for the Project is $150,096.07; and
Whereas, the Contractor has previously been paid $150,096.07; 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:
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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
NW Arterial Fiber Optics — JFK to US 52 Project fund for the contract amount of
$92,572.50 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 15th day of August, 2016.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE NW ARTERIAL
FIBER OPTICS - JFK TO US 52 PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the NW Arterial Fiber Optics — JFK to US 52 Project, that the Project has
been performed in compliance with the terms of the Public Improvement Contract, and
that the total cost of the completed work is $92,572.50.
Dated this 10th day of August, 2016.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 10th day of August, 2016.
/s/Kevin S. Firnstahl, City Clerk
14. 2016 Sewershed 7, 11 and 12 Manhole Project Acceptance: City Manager
recommending acceptance of the public improvement construction contract for the
FY16 Sewershed 7, 11 and 12 Sanitary Sewer Manhole Project as completed by
Connolly Construction, Inc. Upon motion the documents were received and filed and
Resolution No. 300-16 Accepting the FY16 Sewershed 7, 11, and 12 Sanitary Sewer
Manhole Project and authorizing the payment to the contractor was adopted.
RESOLUTION NO. 300-16
ACCEPTING THE FY16 SEWERSHED 7, 11 AND 12 SANITARY SEWER MANHOLE
PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for FY16 Sewershed 7, 11 and 12
Sanitary Sewer Manhole Project (the Project) has been completed by the Contractor,
Connolly Construction, 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 $150,819.25; and
Whereas, the Contractor has previously been paid $143,278.28, leaving a balance of
$7,540.96; 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.
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Section 2. The Finance Director is hereby directed to pay to the Contractor the
balance of the retainage of $7,540.96 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 15th day of August, 2016.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE FY16
SEWERSHED 7, 11 AND 12 SANITARY SEWER MANHOLE PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the FY16 Sewershed 7, 11 and 12 Sanitary Sewer Manhole Project, and
that said Project has been performed in compliance with the terms of the Public
Improvement Contract, and that the total cost of the completed work is $173,442.14.
Dated this 10th day of August, 2016.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 10th day of August, 2016.
/s/Kevin S. Firnstahl, City Clerk
15. 2015 SCADA (Flow Metering Stations) Manhole Installation Project Acceptance:
City Manager recommending acceptance of the public improvement construction
contract for the 2015 SCADA (flow metering stations) Manhole Installation Project, as
completed by Connolly Construction, Inc. Upon motion the documents were received
and filed and Resolution No. 301-16 Accepting the 2015 SCADA (Flow Metering
Stations) Manhole Installation Project and authorizing the payment to the contractor was
adopted.
RESOLUTION NO. 301-16
ACCEPTING THE 2015 SCADA (FLOW METERING STATIONS) MANHOLE
INSTALLATION PROJECT AND AUTHORIZING THE PAYMENT TO THE
CONTRACTOR
Whereas, the public improvement contract for the 2015 SCADA (flow metering
stations) Manhole Installation Project (the Project) has been completed by the
Contractor, Connolly Construction, 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 $145,588.33; and
Whereas, the Contractor has previously been paid $138,308.91, leaving a balance of
$7,279.42; 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
balance of the retainage of $7,279.42 as provided in Iowa Code chapter 573, and to pay
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such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa
Code chapter 26.13.
Passed, approved and adopted this 15th day of August, 2016.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2015 SCADA
(FLOW METERING STATIONS) MANHOLE INSTALLATION PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the 2015 SCADA (flow metering stations) Manhole Installation Project,
and that said Project has been performed in compliance with the terms of the Public
Improvement Contract, and that the total cost of the completed work is $167,426.58.
Dated this 10th day of August, 2016.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 10th day of August, 2016.
/s/Kevin S. Firnstahl, City Clerk
16. Dubuque County Board of Health 28E Agreement: City Manager recommending
approval to continue the City's contract for the inspection of swimming pools and spas,
tattoo parlors and tanning facilities in Dubuque County. Upon motion the documents
were received, filed and approved.
17. Mediacom Communications Company: Correspondence from Lee Grassley,
Senior Manager of Government Relations for Mediacom Communications Company,
informing the City of monthly rental pricing adjustments for its digital transport adapters
(DTA) on or about September 1, 2016. Upon motion the documents were received and
filed.
18. Improvement Contracts / Performance, Payment and Maintenance Bonds:
Commercial Flooring Company for the Grand River Center Ballroom, Concourse and
River Room Carpet Replacement Projects; Top Grade Excavating, Inc. for the 30 -Inch
Sanitary Sewer Force Main Relocation Phase II. Upon motion the documents were
received, filed and approved.
19. Alcohol Compliance Civil Penalty for Alcohol License Holder — Chances R: City
Manager recommending approval of the Acknowledgment/Settlement Agreement for an
alcohol compliance violation for Chances R, 1046 Central Avenue. Upon motion the
documents were received, filed and approved.
20. Alcohol Compliance Civil Penalty for Alcohol License Holder — Kwik Stop Food
Mart: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Kwik Stop Food Mart, 4039
Pennsylvania Avenue. Upon motion the documents were received, filed and approved.
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21. Tobacco Compliance — Civil Penalty for Tobacco License Holder — Kwik Stop
#78: City Manager recommending approval of the Acknowledgement/Settlement
Agreement for a tobacco compliance violation for Kwik Stop #78, 4039 Pennsylvania
Avenue. Upon motion the documents were received, filed and approved.
22. Tobacco Compliance — Civil Penalty for Tobacco License Holder — Ron's
Discount Smokes: City Manager recommending approval of the
Acknowledgement/Settlement Agreement for a tobacco compliance violation for Ron's
Discount Smokes & Beverage Center, 3300 Asbury Road. Upon motion the documents
were received, filed and approved.
23. Alcohol Compliance Civil Penalty for Alcohol License Holder — Yardarm: City
Manager recommending approval of the Acknowledgment/Settlement Agreement for an
alcohol compliance violation for Yardarm, 1201 Shiras Avenue Extension. Upon motion
the documents were received, filed and approved.
24. 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. 302-16 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 Liquor, Beer and Wine
Licenses and Permits was adopted.
RESOLUTION NO. 302-16
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
LIQUOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted
and filed with the City Council for approval and the same have been examined and
approved; and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Renewals
Chances R
Courtside Sports Bar & Grill
Dubuque Quick Stop Mart
Holy Spirit Church
1046 Central Ave.
2095 Holliday Dr.
1401 Central Ave.
2981 Central Ave.
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Class C Liquor (Outdoor) (Sunday)
Class C Liquor (Outdoor) (Sunday)
Class C Beer (Sunday)
Class C Beer, Class B Native Wine
(Sunday)
Los Aztecas Mexican Rest.
Lucky 13 Tap
Murph's Tap
Mystique Community Ice
Center
National Mississippi River
Museum and Aquarium
Sid's Beverage Store, Inc.
Tri-State Independent Blind
Society Inc.
Wingstop
Special Event
Camp Albrecht Acres
Midwest 9-13
Four Mounds Foundation
9-11
Mason Dixon Saloon 8-19
2700 Dodge St.
385 E. 13t St.
55 Locust St.
1800 Admiral
Sheehey Dr.
350 & 400
E. Third St.
2727 Dodge St.
3333 Asbury Rd.
2255 John F.
Kennedy Rd.
14837 Sherrill Rd.
4900 Peru Rd.
2700 Northview Dr.
Passed, approved and adopted this 15th day of
Attest: Trish L. Gleason, Assistant City Clerk
ITEMS SET FOR PUBLIC HEARING
Class C Liquor (Sunday)
Class C Liquor(Sunday)
Class C Liquor (Sunday)
Class C Liquor, Class B Native
Wine (Outdoor) (Sunday)
Class C Liquor, Class B Native
Wine (Catering) (Outdoor) (Sunday)
Class E Liquor, Class B Wine,
Class C Beer (Sunday)
Special Class C Liquor
Special Class C Liquor (Sunday)
Special Class C Liquor (Outdoor)
Special Class C Liquor (Outdoor)
(Sunday)
Class B Beer (Outdoor)
August, 2016.
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 Jones. Motion carried 6-0.
1. Removal of Phyllrich Drive from Residential Parking Permit District H: City
Manager recommending a public hearing be set for September 6, 2016, on the removal
of Phyllrich Drive from Residential Parking Permit District H. Upon motion the
documents were received and filed, setting a public hearing for a meeting to commence
at 6:00 p.m. on September 6, 2016 in the Historic Federal Building.
2. Dubuque Industrial Center West - Resolution of Necessity for Urban Renewal Plan
Amendment: City Manager recommending approval of a Resolution of Necessity that
finds that an Amended and Restated Urban Renewal Plan for the Dubuque Industrial
Center Economic Development District is both necessary and appropriate and sets a
public hearing on the proposed amendment for September 19, 2016. Upon motion the
documents were received and filed and Resolution No. 303-16 Resolution of Necessity
finding that certain new subareas should be established within the Dubuque Industrial
Center Economic Development District, that the establishment of said subareas is
necessary in the interest of the residents of the City of Dubuque, Iowa, and setting
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dates of hearing and consultation on a proposed amendment to the Amended and
Restated Urban Renewal Plan for said district to include the new subareas was
adopted, setting a public hearing for a meeting to commence at 6:00 p.m. on September
19, 2016 in the Historic Federal Building.
RESOLUTION NO. 303-16
RESOLUTION OF NECESSITY FINDING THAT CERTAIN NEW SUBAREAS
SHOULD BE ESTABLISHED WITHIN THE DUBUQUE INDUSTRIAL CENTER
ECONOMIC DEVELOPMENT DISTRICT, THAT THE ESTABLISHMENT OF SAID
SUBAREAS IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY
OF DUBUQUE, IOWA, AND SETTING DATES OF HEARING AND CONSULTATION
ON A PROPOSED AMENDMENT TO THE AMENDED AND RESTATED URBAN
RENEWAL PLAN FOR SAID DISTRICT TO INCLUDE THE NEW SUBAREAS
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 309-
15, adopted September 8, 2015, approved the Amended and Restated Urban Renewal
Plan (the "Urban Renewal Plan") for the Dubuque Industrial Center Economic
Development District (the "District") in order to provide redevelopment opportunities
which will further economic development purposes and objectives as described in the
Urban Renewal Plan; and
Whereas, City staff has recommended that the Urban Renewal Plan be further
amended to add additional project details, including a coffee roasting facility project
undertaken by Roasting Solutions, LLC within the District, as well as establishing new
subareas for projects on both City and County -owned land in the District; and
Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may
be exercised, the City Council must adopt a resolution of necessity finding that the new
subareas are slum, blighted or economic development areas and that so designating
such proposed new subareas is necessary in the interest of the public health, safety or
welfare of the residents of the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the inclusion of the following proposed new subareas in the District is
necessary and appropriate to facilitate the proper growth and development of the
community in accordance with sound planning and local community objectives:
Proposed Subarea H is legally described as follows:
Lot 1 of the Northeast 1/4 of the Northeast 1/4, and Lot 2 of Lot 1 of Lot 1 of Lot 2 of
the Northeast 1/4 of the Northeast 1/4, of Section 30, in Township 89 North, Range
2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa.
Proposed Subarea I is legally described as follows:
Lot 2 Seippel Road Place #2, Dubuque County, Iowa.
Lot 2-1-1 of the Southeast Quarter of the Southeast Quarter of Section 25,
Township 89 North, Range 2 East of the 5th Principal Meridian, Dubuque
County, Iowa
Proposed Subarea J is legally described as follows:
Lot 2 Julien Care Place, Dubuque County, Iowa.
Lot 3 Julien Care Place, Dubuque County, Iowa
Lot 2-1 Julien Care Place, Dubuque County, Iowa
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Section 2. That the proposed new subareas described above and in the Urban
Renewal Plan will be economic development areas as defined by Iowa Code Chapter
403 and appropriate for an urban renewal project.
Section 3. That the City Manager is authorized and directed to prepare an Amended
and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District, to accomplish the foregoing purposes and objectives, to include in
such Plan any appropriate project activities and details, and to determine an appropriate
date for and conduct the consultation process required by law with affected taxing
entities concerning the proposed amendment.
Section 4. That the City Council hold a public hearing on the adoption of the
proposed Amended and Restated Urban Renewal Plan for the Dubuque Industrial
Center Economic Development District on September 19, 2016 at 6:00 p.m. in the
Historic Federal Building, 350 West 6th Street, Dubuque, Iowa 52001. The notice of
said hearing shall generally identify the area to be covered by the Amended and
Restated Urban Renewal Plan and the scope of the urban renewal project activities
planned for such area, and said notice shall be published and available to the public not
less than four days nor more than twenty days before the date of said meeting. A copy
of the notice of public hearing shall be sent by ordinary mail to the affected taxing
entities.
Section 5. That the Mayor is authorized and directed to sign the Joint Agreement
between the County and the City with respect to the inclusion of Subareas I and J in the
District.
Section 6. That the City Clerk is further directed to send by ordinary mail a copy of
said Amended and Restated Urban Renewal Plan and the notice of public hearing, to
the Dubuque Community School District and the County Board of Supervisors, as the
affected taxing entities.
Passed, approved and adopted this 15th day of August, 2016.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
BOARDS/COMMISSIONS
Applications to the following boards/commissions were reviewed. Applicants were
invited to address the City Council regarding their desire to serve on the following
Boards/Commissions.
1. Long Range Planning Advisory Commission: One, 3 -year term through July 1,
2019 (Vacant term of Prochaska), Applicant: Michael Wright, 385 Burch St.
2. Transit Advisory Board: One, 3 -year term through July 30, 2019 (Expired term of
Lohrmann). Applicant: Carrie Lohrmann, 1879 Denver Dr.
Appointments were made to the following Boards/Commissions.
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3. Housing Commission: Three, 3 -year terms through August 17, 2019 (Expiring
Terms of Heimke, Schwendinger, and Wall). Applicants: Wesley Heimke, 2350 Knob
Hill Dr.; Dorothy Schwendinger, 3390 Windsor Ave.; David Wall, 333 W. 17th St. Motion
by Connors to appoint Wesley Heimke, Dorothy Schwendinger and David Wall each to
a 3 -year term through August 17, 2019. Seconded by Lynch. Motion carried 6-0.
4. Mechanical and Plumbing Code Board: One, 3 -year term through March 16, 2019
(Expired term of Papin). Applicant: Paul Papin, 2955 Jackson. Motion by Jones to
appoint Paul Papin to a 3 -year term through March 16, 2019. Seconded by Resnick.
Motion carried 6-0.
PUBLIC HEARINGS
1. Request to Rezone - Dubuque Pony League for Acreage South of Derby Grange
Road: Proof of publication on notice of public hearing to consider a request by Dubuque
PONY League / Greg Yoko to rezone approximately thirty (30) acres located south of
Derby Grange Road from R-2 Two -Family Residential and C-3 General Commercial
Districts to CR Commercial Recreation District and the Zoning Advisory Commission
recommending approval. Motion by Connors to receive and file the documents and that
the requirement that a proposed ordinance be considered and voted on for passage at
two Council meetings prior to the meeting at which it is to be passed be suspended.
Seconded by Jones. Greg Yoko, 3660 Seville Street, gave a presentation on the plans
for the softball/baseball diamonds. Planning Services Manager Laura Carstens provided
a staff report. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 40-16
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located south of Derby Grange
Road from R-2 Two -Family Residential and C-3 General Commercial Districts to CR
Commercial Recreation District Seconded by Jones. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 40-16
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES,
UNIFIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED SOUTH OF DERBY GRANGE ROAD FROM R-2 TWO-
FAMILY RESIDENTIAL AND C-3 GENERAL COMMERCIAL DISTRICTS TO CR
COMMERCIAL RECREATION DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code, is hereby amended by reclassifying the hereinafter—described
property from R-2 Two -Family Residential and C-3 General Commercial Districts to CR
Commercial Recreation District, to wit:
As shown in Exhibit A, and to the centerline of the adjoining public right-of-way,
all in the City of Dubuque, Iowa.
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Section 2. That the foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication as provided
by law.
Passed, approved and adopted this 15th day of August, 2016.
/s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald newspaper on the 19th day of August, 2016.
/s/Trish L. Gleason, Assistant City Clerk.
2. Request for Text Amendment Title 16 - Public and Private Parks as Permitted
Uses in Downtown Commercial and Central Business Districts: Proof of publication on
notice of public hearing to consider a request by the City of Dubuque for an Amendment
to the C-4 Downtown Commercial and C-5 Central Business Districts to allow Public
and Private parks as a permitted use and the Zoning Advisory Commission
recommending approval. 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.
Seconded by Resnick. Planning Services Manager Laura Carstens provided a staff
report. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 41-16
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by amending Articles 16-5-14.1(C-4) and 16-5-15.1(C-5) to Establish Private and
Public Parks as a Permitted Use in Each District. Seconded by Resnick. Motion carried
6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 41-16
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES,
UNIFIED DEVELOPMENT CODE, BY AMENDING ARTICLES 16-5-14.1(C-4) AND
16-5-15.1(C-5) TO ESTABLISH PRIVATE AND PUBLIC PARKS AS A PERMITTED
USE IN EACH DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified
Development Code Articles 16-5-14.1(C-4) and 16-5-15.1 (C-5) are hereby amended as
follows:
5-14.1 and 5-15.1
Public or private park or similar natural recreation area.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon
by law.
Passed, approved and adopted this 15th day of August, 2016.
Attest: /s/Trish L. Gleason, Assistant City Clerk
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publication, as provided
/s/Roy D. Buol, Mayor
Published officially in the Telegraph Herald newspaper on the 19th day of August, 2016.
/s/Trish L. Gleason, Assistant City Clerk.
3. Heritage Trail Head Parking Lot Project: Proof of publication on notice of public
hearing to consider approval of the plans, specifications, form of contract and estimated
cost for the Heritage Trail Head Parking Lot Project and the City Manager
recommending approval. Motion by Lynch to receive and file the documents and adopt
Resolution No. 304-16 Approval of plans, specifications, form of contract, and estimated
cost for the Heritage Trail Head Parking Lot Project. Seconded by Jones. Motion carried
6-0.
RESOLUTION NO. 304-16
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST FOR THE HERITAGE TRAIL HEAD PARKING LOT 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
Heritage Trail Head Parking Lot Project in the estimated amount $84,946.02, are hereby
approved.
Passed, adopted and approved this 15th day of August, 2016.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
4. BioResource Development, LLC - Lease at Water & Resource Recovery Center:
Proof of publication on notice of public hearing to consider a Lease between the City of
Dubuque and BRD Three, LLC at the Water and Resource Recovery Center. It is further
recommended that the City Council approve the Development and Operating
Agreement and the City Manager recommending approval. Motion by Connors to
receive and file the documents and adopt Resolution No. 305-16 Disposing of an
interest in City of Dubuque -owned property by Lease between the City of Dubuque and
BRD Three, LLC and approving the Water and Resource Recovery Center Gas System
Development and Operating Agreement between the City of Dubuque and BRD Three,
LLC. Seconded by Jones.
Greater Dubuque Development Corporation President and CEO Rick Dickinson,
Water and Resource Recovery Center Plant Manager William O'Brien, President of
BioResource Development LLC Greg MacLean, Greater Dubuque Development
Corporation Sustainable Innovations Consultant David Lyons provided a presentation
on the proposed BioGas project at the Water and Resource Recovery Center.
Councilmember Resnick left the council chambers at 6:35 p.m. and returned at 6:44
p.m. Motion carried 6-0.
RESOLUTION NO. 305-16
DISPOSING OF AN INTEREST IN CITY OF DUBUQUE OWNED PROPERTY BY
LEASE BETWEEN THE CITY OF DUBUQUE AND BRD THREE, LLC AND
APPROVING THE WATER AND RESOURCE RECOVERY CENTER GAS SYSTEM
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DEVELOPMENT AND OPERATING AGREEMENT BETWEEN THE CITY OF
DUBUQUE AND BRD THREE, LLC
Whereas, the City of Dubuque (City) is the owner of the Dubuque Water and
Resource Recovery Center (WRRC) located in Dubuque, Iowa (the WRRC Property)
legally described as:
Part of Lot 1 of 1 of the NE 1/4 of the NW 1/4, and Lot 1 of 2 of 1 of the NW 1/4 of
the NE 1/4, and Lot 2 of 1 of the NE 1/4 of the NW Y4, all in Section 6 Township 88N
Range 3E of the 5th P.M., in Dubuque County, Iowa, according to the recorded
plats thereof
and that certain portion of the WRRC Property shown on Exhibit A attached hereto and
incorporated by reference herein (the Site); and
Whereas, City is the owner of the gas management system located at the WRRC
Property (WRRC Gas Management System, and together with the Site, are collectively
referred to as the Premises); and
Whereas, City desires to lease the Premises to BRD Three, LLC (BRD), and BRD
desires to lease the Premises from City, pursuant to the Water and Resource Recover
Center Lease attached hereto (the Lease) for the purposes of utilizing the WRRC Gas
Management System and constructing, maintaining and operating a gas utilization
system to process digester gas from the WRRC into natural gas and distribute such gas
for environmentally beneficial uses (the BRD Gas System), subject to and in
accordance with the provisions of this Lease and that certain Water and Resource
Recovery Center Gas System Development and Operating Agreement to be executed
by the parties in connection with the Lease (the Development and Operating
Agreement); and
Whereas, on August 15, 2016, the City Council pursuant to notice published as
required by law held a public hearing on its intent to dispose of the foregoing interest in
the Property and overruled all objections thereto; and
Whereas, the City Council finds that it is in the best interest of the City to approve the
disposition of the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque approves the Lease Agreement
attached hereto disposing of the City's interest in the property.
Section 2. Further, the City Council approves the Water and Resource Recovery
Center Gas System Development and Operating Agreement attached hereto.
Section 3. The Mayor is authorized and directed to execute the Lease Agreement on
behalf of the City.
Passed, approved and adopted this 15th day of August, 2016.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
ACTION ITEMS
1. Alliant Energy Community Annual Partnership Assessment (CAPA): Craig Clefish,
Key Account Manager for Alliant Energy, reported on the Community Annual
Partnership Assessment (CAPA). Motion by Jones to receive and file the documents
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and listen to the presentation. Key Accountant for Alliant Energy, Craig Clefish, gave the
presentation. Seconded by Connors. Motion carried 6-0.
2. Inclusive Dubuque Quarterly Update: Inclusive Dubuque Network partners made a
presentation on Inclusive Dubuque's accomplishments since April 2016. Motion by
Lynch to receive and file the documents and listen to the presentation. Seconded by
Resnick. Councilmember Resnick left the council chambers at 7:25 p.m. and returned at
7:31 p.m. Inclusive Dubuque Coordinator Katrina Farren -Eller, Community Foundation
of Greater Dubuque Vice President of Strategic Initiatives Eric Dregne, Sociology
Professor for Loras College Rick Anderson, Human Rights Director Kelly Larson, Multi -
Cultural Family Center Assistant Director Sarah Peterson, Dubuque Black Men
Coalition Member Anderson Sainci, League of United Latin American Citizens (LULAC)
members Dora Serna and Lee Sanchez, Dubuque Museum of Art Executive Director
David Schmitz presented on topics that included Operating Principals History of the
Network, Measuring the Network's Impact, Peer -Learning Council's 5 -Year Equity
Learning Program, City Equity Initiatives, Changing the Narrative, Mentorship Program
with League of United Latin American Citizens (LULAC). Anderson Sainci responded to
questions from the Council. Motion carried 6-0.
3. Request for Work Session - USDA Grant Partnership with the Iowa League of
Cities: City Manager requesting the City Council schedule a work session on Monday,
October 10, 2016 at 6:00 p.m. on the USDA grant partnership with the Iowa League of
Cities on Nutrient Trading. Motion by Connors to receive and file the documents and set
the work session as recommended. Seconded by Lynch. Council member Jones stated
he would not be able to attend, due to a prior training commitment. Motion carried 6-0.
4. Request for Work Session - Sustainable Dubuque Quarterly Report: City Manager
requesting the City Council schedule the Sustainable Dubuque Quarterly Work Session
for Tuesday, August 30, 2016 at 6:00 p.m. in the Historic Federal Building, City Council
Chambers. Motion by Connors to receive and file the documents and set the work
session as recommended. Seconded by Jones. Motion carried 6-0.
COUNCIL MEMBER REPORTS
Council member Connors reported on the 10th Anniversary Celebration at Orange Park
on Washington Street for Crescent Community Health Center as well as the Annual
Congressional Staff Visit where Federal and State Officials met with local individuals to
hear concerns and priorities.
CLOSED SESSION
Motion by Jones at 7:38 p.m. to convene in closed session regarding pending
litigation and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa.
Seconded by Resnick. Mayor Buol stated for the record that the attorneys who will
consult with City Council on the issues to be discussed in the closed session are City
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Attorney Barry Lindahl and Assistant City Attorney Crenna Brumwell. Motion carried 6-
0.
Upon motion the City Council reconvened in open session at 8:00 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:03 p.m.
/s/Trish L. Gleason, CMC, Assistant City Clerk
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