9 19 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 September 19,
2016 in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol (via phone), Mayor Pro -Tem Lynch; Council Members Connors,
Del Toro, Jones, Resnick, Rios; City Manager Van Milligen, City Attorney Lindahl
Mayor Pro -Tem Lynch 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 be-
fore the City Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. National Museum of African-American History and Culture Day (September 24,
2016) was accepted by Ernest Jackson of the Black Men's Coalition; Michela Houston,
President of the Clarke University Black Student Union; Amonde Lawhorn, President of
the Black Student Union of the University of Dubuque; and 9 additional representatives.
2. Crop Walk Day (October 4, 2016) was accepted by Erich Moeller of Holy Trinity
Church.
CONSENT ITEMS
Motion by Jones to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Del Toro. Council Member Connors requested items
#4 & #5 be held for separate discussion. Motion carried 7-0.
1. Minutes and Reports Submitted: Cable TV Commission of 9/7; City Council Pro-
ceedings of 9/6, 9/12; Library Board of Trustees of 7/28 and Council Update #152 of
8/25; Long Range Planning Advisory Commission of 8/17; Zoning Advisory Commission
of 9/7; Zoning Board of Adjustment of 8/25; Proof of Publication for City Council Pro-
ceedings of 8/30. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: National Agribusiness Insurance Co. / Mary Althaus for
vehicle damage; Ciara Neealy for vehicle damage; Richard Sherman II for vehicle dam-
age. 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 As-
surance Pool: National Agribusiness Insurance Co. / Mary Althaus for vehicle damage;
Richard Sherman II for vehicle damage. Upon motion the documents were received,
filed and concurred.
4. Randy Peck Receives Labor Relations Award of Excellence: City Manager trans-
mitting information about Personnel Manager Randy Peck receiving the Labor Relations
Award of Excellence from the Iowa Public Employer Labor Relations Association (laP-
ELRA). Upon motion the documents were received and filed.
5. Jule Transit FTA Ridership Award: City Manager transmitting information about
Jule Transit Manager Candace Eudaley accepting the Ridership Award of Excellence
from the Federal Transit Administration at the Transit Midwest Conference. Upon mo-
tion the documents were received and filed.
Motion by Connors to receive and file the documents related to Consent Items 4 & 5.
Seconded by Jones. Connors recognized and commended staff on their respective
awards. Motion carried 7-0.
6. Replacement Agency for Project Concern: City Manager recommending approval
to replace Project Concern with East Central Development Corporation, a non-profit di-
vision of East Central Intergovernmental Association, as the sponsor agency to manage
the Shelter Care Plus Program under the Continuum of Care Grant. Upon motion the
documents were received and filed and Resolution No. 319-16 Authorizing the Mayor to
execute a contract for the Continuum of Care Special Needs Assistance Grant for Sup-
portive Services designating East Central Development Corporation as sponsor agency
was adopted.
RESOLUTION NO. 319-16
AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR THE CONTINUUM
OF CARE SPECIAL NEEDS ASSISTANCE GRANT FOR SUPPORTIVE SERVICES
DESIGNATING EAST CENTRAL DEVELOPMENT CORPORATION AS SPONSOR
AGENCY
Whereas, the City of Dubuque has entered into a contract with U.S. Department of
Housing and Urban Development for the Continuum of Care Special Needs Assistance
Program for Fiscal Year 2017; and
Whereas, the Continuum of Care grant is a Sponsor -Based Permanent Supportive
Housing program; and
Whereas, the City of Dubuque has administered the Continuum of Care grant since
2007; and
Whereas, the City of Dubuque proposes to continue administering the Continuum of
Care grant to assist homeless, disabled persons with permanent supportive housing;
and
Whereas, the City of Dubuque is required to designate a Sponsor Agency; and
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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 enter into a contract
with the East Central Development Corporation (ECDC) in connection with the Continu-
um of Care Special Needs Assistance Program.
Section 2: That the Mayor and City Council designate ECDC as the Sponsor Agency
Section 3: That the Mayor and City Council authorizes the monies as stated on the
contract for supportive services, case management and funds to cover utility costs and
rents
Passed, approved and adopted this 19th day of September 2016.
Kevin J. Lynch, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
7. Washington Neighborhood Housing Trust Fund Grant Application: City Manager
recommending approval for the commitment of local matching funds for a grant applica-
tion being submitted by the City of Dubuque Housing Trust Fund Committee to the Iowa
Finance Authority State Housing Trust Fund for continued support of homeownership in
the Washington Neighborhood. Upon motion the documents were received and filed
and Resolution No. 320-16 Approving commitment of matching funds for an application
to the Iowa Finance Authority (IFA) for State Housing Trust Funds was adopted.
RESOLUTION NO. 320-16
APPROVING COMMITMENT OF MATCHING FUNDS FOR AN APPLICATION TO
THE IOWA FINANCE AUTHORITY (IFA) FOR STATE HOUSING TRUST FUNDS
Whereas, the Iowa Finance Authority has recognized Dubuque's Housing Trust Fund
Committee as a certified Local Housing Trust Fund; and
Whereas, IFA has made funding available in statewide competition to local trust
funds for State Housing Trust Fund grants, in amounts based on population size; and
Whereas, a 25% local match is required for receipt of a funding award; and
Whereas, the Housing Trust Fund Committee has authorized an application to IFA for
a Housing Trust Fund award, in the amount of $141,283; and
Whereas, Homeownership Grant Activity No. 1011595 funds are available in the cur-
rent year Housing Department's budget in sufficient amount to meet the matching funds
requirement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves commitment of $35,321 in the
current year Homeownership Grant funds as a match to the application for IFA State
Housing Trust Funds.
Section 2. That the Housing Trust Fund Committee, in accordance with Sec. 2-5D-7
of the Code of Ordinances, shall have final authority to direct how such funds shall be
used in support of revitalization activities in the Washington Neighborhoods.
Passed, approved and adopted this 19th day of September, 2016.
Kevin J. Lynch, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
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8. US EPA Consent Decree September 30, 2016 Semiannual Report: City Manager
recommending authorization to certify the September 30, 2016 Consent Decree Semi
Annual Report for submittal to the US Department of Justice, US EPA and the Iowa De-
partment of Natural Resources. Upon motion the documents were received, filed and
approved.
9. Friends of St. Mary's d/b/a Steeple Square - Third Amendment to Development
Agreement: City Manager recommending approval of the Third Amendment to the De-
velopment Agreement between the City of Dubuque and Friends of St. Mary's d/b/a
Steeple Square for the property located at 1501 Jackson Street. Upon motion the doc-
uments were received and filed and Resolution No. 321-16 Approving the Third
Amendment to the Development Agreement between the City of Dubuque, Iowa and
Friends of St. Mary's d/b/a Steeple Square was adopted.
RESOLUTION NO. 321-16
APPROVING THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA AND FRIENDS OF ST. MARY'S D/B/A
STEEPLE SQUARE
Whereas, the City of Dubuque (City) and Friends of St. Mary's d/b/a/Steeple Square
(Developer) entered into a Development Agreement, dated May 2, 2016, and as
amended by the First Amendment dated June 6, 2016, and second Amendment dated
July 18, 2016, for the rehabilitation of 1501 Jackson Street, Dubuque, Iowa (the Proper-
ty); and
Whereas, the parties desire to amend the Development Agreement with respect to
the closing date; and
Whereas, the City Council of the City of Dubuque finds that the City of Dubuque
should approve to the Third Amendment to Development Agreement.
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 hereby approves the Third
Amendment to Development Agreement, a copy of which is attached hereto.
Section 2. The Mayor is authorized and directed to sign the Third Amendment to De-
velopment Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 19t day of September, 2016.
Kevin J. Lynch, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
10. Great Lakes Career Ready Internship Grant Program: City Manager recommend-
ing approval to utilize the Great Lakes Career Ready Internship Grant Program in order
to employ a Loras College student as a temporary intern in the Circles Program -
Housing and Community Development Department the fall semester beginning Sep-
tember 12, 2016 until December 23, 2016. Upon motion the documents were received,
filed and approved.
11. Request for Proposals - Fire Stations Rooftop Solar: City Manager recommend-
ing approval to issue a Request for Proposals for the design and potential installation of
4
solar photovoltaic systems on the City's six fire station rooftops, and approval for the
City Manager to execute a contract with a recommended firm should solar construction
during Fiscal Year 2017 be recommended, based on the requirement that there be no
upfront capital investments. Upon motion the documents were received, filed and ap-
proved.
12. Northfork Trails Subdivision - Acceptance of Improvements: City Manager rec-
ommending acceptance of the public improvements on Keymont Court that the devel-
oper, 4 -ALL LLC, has recently completed in North Fork Trails No. 5, Lots 1 through 10.
Upon motion the documents were received and filed and Resolution No. 322-16 Accept-
ing public improvements in North Fork Trails No. 5 - Lots 1 through 10 was adopted.
RESOLUTION NO. 322-16
ACCEPTING PUBLIC IMPROVEMENTS IN NORTH FORK TRAILS NO. 5 - LOTS 1
THROUGH 10
Whereas, pursuant to Resolution 182-15, certain public improvements including
street paving with curb and gutter, sidewalk ramps, sanitary sewer main, water main,
storm sewers and catch basins, fiber optics conduit, street lighting, and storm water de-
tention facilities were installed by the developer of North Fork Trails No. 5 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 approved by the City Council 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 North Fork Trails No. 5 Lots 1 through 10 be and the same is
hereby accepted.
Section 2. That maintenance of said public improvements, except permeable streets,
shall be the responsibility of the owner and contractor for a period of two (2) years from
the date of this resolution.
Section 3. Street maintenance, except for snow removal and deicing, shall be the re-
sponsibility of the owner, 4 -ALL, LLC, until 80 percent (8 lots) of the lots are improved.
Maintenance by the owner will consist of routine inspection, sweeping and/or vacuum-
ing any sediment from the void area or subgrade and adding pervious material to the
void area as necessary. The street maintenance shall also include the removal and re-
placement of pavers, as necessary, to maintain the design gradient and design cross
section of the street.
Passed, approved and adopted this 19th day of September, 2016.
Kevin J. Lynch, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
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13. Green Industrial Supply, Inc. - IEDA Contract Second Amendment: City Manager
recommending approval of a resolution authorizing a second amendment to a contract
with the Iowa Economic Development Authority (IEDA) for Iowa Values Funds Financial
Assistance benefits on behalf of Green Industrial Supply, Inc. Upon motion the docu-
ments were received and filed and Resolution No. 323-16 Approving a Second
Amendment to the Economic Development Financial Assistance Contract by and
among Green Industrial Supply, Inc., the City of Dubuque, and the Iowa Department of
Economic Development was adopted.
RESOLUTION NO. 323-16
APPROVING A SECOND AMENDMENT TO THE ECONOMIC DEVELOPMENT FI-
NANCIAL ASSISTANCE CONTRACT BY AND AMONG GREEN INDUSTRIAL SUP-
PLY, INC., THE CITY OF DUBUQUE, AND THE IOWA DEPARTMENT OF ECONOM-
IC DEVELOPMENT
Whereas, in 2011, Green Industrial Supply, Inc. (Green Industrial), the City of Dubu-
que (City) and Iowa Economic Development Authority (IEDA) entered into an Economic
Development Financial Assistance Contract (the Contract) for the expansion of Green
Industrial's operations in Dubuque, Iowa; and
Whereas, the Contract provided for a Project Completion Date of August 31, 2014;
and
Whereas, Green Industrial requested and IEDA approved an extension of the Project
Completion Date to August 31, 2015 in the Contract Amendment dated January 16,
2015; and
Whereas, Green Industrial has requested a further extension of the Project Comple-
tion Date from August 31, 2015 to August 31, 2016; and
Whereas, IEDA has approved the extension of the Project Completion Date to Au-
gust 31, 2016; and
Whereas, the parties now desire to amend the Contract as set forth in the attached
Contract Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Contract Amendment attached hereto is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute and the City
Manager is hereby directed to submit the Contract Amendment to the Iowa Economic
Development Authority together with such other documents as may be required.
Passed, approved, and adopted this 19th day of September, 2016.
Kevin J. Lynch, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
14. Delinquent Weed, Junk, and Garbage Collection Accounts (Health Services): City
Manager recommending the levy of special assessments for the Weed/Junk/Garbage
Enforcement Programs which is being levied against 16 separate parcels of property
inspected from October 5, 2015 to June 21, 2016. Upon motion the documents were
6
received and filed and Resolution No. 324-16 Adopting the Schedule of Assessments
for 2016 and directing the City Clerk to certify the Schedule of Assessments to the
County Treasurer and to publish notice thereof was adopted.
RESOLUTION NO. 324-16
ADOPTING THE SCHEDULE OF ASSESSMENTS FOR 2016 AND DIRECTING THE
CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY
TREASURER AND TO PUBLISH NOTICE THEREOF
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOW A:
That after full consideration of the Schedule of Assessments attached hereto for
weed/grass cutting and junk/garbage removal tax assessments which Schedule of As-
sessments was filed in the office of the City Clerk on the September 15, 2016, the said
Schedule of Assessments be and the same is hereby approved and adopted.
That there be, and is hereby assessed and levied as a lien upon the real property,
the respective sums indicated.
That the City Clerk be and is hereby directed to certify said schedule to the County
Treasurer of Dubuque County, Iowa, and to publish notice of said certification once
each week for two consecutive weeks in the manner provided in Iowa Code § 362.3, the
first publication of which shall be not more than fifteen days from the date of filing of the
final schedule. On or before the date of the second publication of the notice, the City
Clerk shall also mail a copy of said notice to property owners whose property is subject
to assessment, as provided and directed in Iowa Code § 384.60.
The assessments may be paid in full or in part without interest at the Utility Billing Of-
fice, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the
date of the first publication of the notice of the filing of the Schedule of Assessments
with the County Treasurer. After 30 days, unpaid assessments are payable at the Coun-
ty Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Io-
wa, and charges shall be collected in the same manner as general property taxes
against the respective parcels of the property set opposite the name of the property
owner.
Passed, approved and adopted this 19th day of September, 2016
Kevin J. Lynch, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
SCHEDULE OF ASSESSMENTS FOR WEED/JUNK/GARBAGE
ENFORCEMENT PROGRAMS
Property Address; Owner; Parcel; Legal Description; Contractor; Date
cut/cleaned up by contractor; Expense; Admin. Fee; Total
NE Corner of Kaufmann Ave & N Grandview Ave; Shane Hoeper, 414 N Madi-
son Ct, Cuba City, WI43807; 1014376020 & 1014376021; LOT 2-1-1-1-1-1-1-1-1-1
OF MINERAL LOT 342 & LOT 2-1-1-1-1-1-1-1 of Min Lot 342; Hoyne; 09/24/2015;
$45.00; $25.00; $70.00
S. Grandview Ave, 855; Robert & Alana Neuwoehner, 16401 Nottingham Ct,
Dubuque, IA 52001; 1036151014; Lot 2 Mount Vernon Court Plat 2; Hoyne;
09/18/2015; $90.00; $25.00; $115.00
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Burden Ave, 2759; Derrick Pape & Jessica Murnane, 2759 Burden Ave, Dubu-
que, IA 52001; 1013188006; LOT 138 Burden & Lawther Add; Hoyne; 09/11/2015;
$45.00; $ 25.00; $70.00
Cannon St, 1811; Daniel Streif, 1811 Cannon St, Dubuque, IA 52001;
1036277009; Lot 2-2-1 Linheins Sub; Hoyne; 09/16/2015; $45.00; $25.00; $70.00
Rhomberg Ave, 1203; Rob Coker, 1203 Rhomberg Ave, Dubuque, IA 52001;
1118310023; Se 93' Of Lot 5 Fengler's Add; Hoyne; 09/25/2015; $56.25; $25.00;
$81.25
Stafford St, 2520; Gary & Annette Haas, 2520 Stafford St, Dubuque, IA 52001;
1013411005; Lot 2 A Stine's Sub; Hoyne; 09/30/2015; $45.00; $25.00; $70.00
Asbury Rd, 1988; Rachel Tucker, 1988 Asbury Rd, Dubuque, IA 52001;
1022429001; Lot 6 Hillcrest Sub; Hoyne; 10/01/2015; $45.00; $25.00; $70.00
Rhomberg Ave, 1230; Robert J & Madonna C Parker, 1230 Rhomberg Ave,
Dubuque, IA 52001; 1118311003; Lot 53 Me Craney's 1st Add; Stackis; 04/25/2016;
$ 137.00; $25.00; $162.00
Riker St, 973; Gail A. Szudarski, 973 Riker St, Dubuque, IA 52001; 1025457021;
Lot 2 Riker Place; Stackis; 04/25/2016; $72.00; $25.00; $97.00
Dillon St, 248; Raymond & Patricia Anger, Po Box 242, Hanover, II 61041;
1025355006; Lot 45 Grandview Ave Add; Hoyne; 05/17/2016; $67.50; $25.00;
$92.50
Kane St, 815; Linda Schnee, 815 Kane St, Dubuque, IA 52001; 1014404034; Lot
11 BIk 1 Sunnyview Hills Sub; Hoyne; 05/27/2016; $67.50; $25.00; $92.50
Valeria St, 333; Park Tree Properties 11, LLC, 425 Divisadero St, Ste 207, San Fran-
cisco, Ca 94117; 1024126010; Lot 14 Schaffner's Sub; Hoyne; 05/27/2016; $67.50;
$25.00; $92.50
York St, 65; Carol D. Johnson, 65 York St, Dubuque, IA 52003; 1026431011; Lot 2-
2-13 Of Min Lot 149; Hoyne; 06/01/2016; $100.00; $25.00; $125.00
Dillon St, 248; Raymond & Patricia Anger, Po Box 242, Hanover, II 61041;
1025355006; Lot 45 Grandview Ave Add; Hoyne; 06/08/2016; $67.50; $25.00; $92.50
EIm St, 2721; Travis Kaiser & Kendra Chapman, 2721 EIm St, Dubuque, IA
52001; 1013182023; S 1/2 Of Lot 191 Glendale Add; Stackis; 06/21/2016; $ 45.00;
$25.00; $70.00
15. City Street Financing Report for Fiscal Year 2016: City Manager recommending
approval of the City of Dubuque's Fiscal Year 2016 City Street Financing Report. Upon
motion the documents were received and filed and Resolution No. 325-16 Approving
the City of Dubuque Fiscal Year 2016 City Street Financing Report was adopted.
RESOLUTION NO. 325-16
APPROVING THE CITY OF DUBUQUE FISCAL YEAR 2016 CITY STREET FINANC-
ING REPORT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBQUE, IOWA:
Section 1. That the City Street Finance Report for the period of July 1, 2015, to June
30, 2016, is hereby approved and that the City Clerk is hereby authorized and directed
to file said report with the Iowa Department of Transportation.
8
Passed, approved and adopted this 19th day of September 2016
Kevin J. Lynch, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
16. 2016 Justice Assistance Grant (JAG) Acceptance: City Manager recommending
acceptance of the 2016 Justice Assistance Grant (JAG). Upon motion the documents
were received, filed and approved.
17. Visiting Nurses Association Home Advocate Contract Extension: City Manager
recommending approval to extend the Visiting Nurse Association agreement through
January 2017. Upon motion the documents were received, filed and approved.
18. Alternative Services Concepts (ASC) Renewal Rates: City Manager recommend-
ing approval of Alternative Services Concepts (ASC) renewal rates for worker's com-
pensation claims administration effective October 1, 2016 through September 30, 2017.
Upon motion the documents were received, filed and approved.
19. Dubuque Main Street Program Agreements: City Manager recommending ap-
proval of a resolution and Program Agreement between Dubuque Main Street, the City
of Dubuque and the Iowa Department of Economic Development. Upon motion the doc-
uments were received and filed and Resolution No. 326-16 Resolution of Support and
Financial Commitment for the Main Street Program in Dubuque was adopted.
RESOLUTION NO. 326-16
RESOLUTION OF SUPPORT AND FINANCIAL COMMITMENT FOR THE MAIN
STREET PROGRAM IN DUBUQUE
Whereas, an Agreement between the Iowa Economic Development Authority, Dubu-
que Main Street, and the City of Dubuque for the purpose of continuing the Main Street
Iowa program in Dubuque; and
Whereas, this Agreement is pursuant to contractual agreements between the Nation-
al Trust for Historic Preservation and the Iowa Economic Development Authority to as-
sist in the revitalization of the designated Main Street project area of Dubuque, Iowa;
and
Whereas, the City Council of Dubuque endorses the goal of economic revitalization
of the historic commercial district within the context of preservation and rehabilitation of
its historic buildings and supports the continuation of the Main Street Four Point Ap-
proach® as developed by the National Trust for Historic Preservation and espoused by
Main Street Iowa.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque,
Iowa, meeting in regular session on September 19, 2016, that the City of Dubuque
hereby agrees to support both financially and philosophically the work of Dubuque Main
Street and designates the Main Street Board to supervise the Program Director.
Passed, approved, and adopted this 19th day of September, 2016.
Kevin J. Lynch, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
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20. City of Asbury Request to Use Tax Increment Financing for Hawkeye Care Facili-
ty: City Manager recommending approval of the Joint Agreement with the City of Asbury
allowing the City of Asbury to utilize tax increment financing for the relocation of the
Hawkeye Care Facility to Asbury from Dubuque. Upon motion the documents were re-
ceived and filed and Resolution No. 337-16 Approving a Joint Agreement with the City
of Asbury for the relocation of Hawkeye Care Facility from the City of Dubuque to the
City of Asbury, for the purpose of undertaking an urban renewal project was adopted.
RESOLUTION NO. 337-16
APPROVING A JOINT AGREEMENT WITH THE CITY OF ASBURY FOR THE RE-
LOCATION OF HAWKEYE CARE FACILITY FROM THE CITY OF DUBUQUE TO
THE CITY OF ASBURY FOR THE PURPOSE OF UNDERTAKING AN URBAN RE-
NEWAL PROJECT
Whereas, the City of Dubuque has been presented with a Joint Agreement with the
City of Asbury to consent to the relocation of Hawkeye Care Facility (the Care Center)
from the City of Dubuque to the City of Asbury, for the purpose of undertaking an urban
renewal project; and
Whereas, the City Council has reviewed the proposed Joint Agreement and has de-
termined to consent to the relocation of the Care Center as so proposed.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque City Council hereby approves the Joint Agreement
with the City of Asbury attached hereto.
Section 2. The Mayor is hereby authorized and directed to sign the Joint Agreement
on behalf of the City of Dubuque.
Passed, approved and adopted this 19th day of September, 2016.
Kevin J. Lynch, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
21. Improvement Contracts / Performance, Payment and Maintenance Bonds: Mid-
west Concrete, Inc. for the 2016 Asphalt Overlay Access Ramp Projects Two and
Three. Upon motion the documents were received, filed and approved.
22. Alcohol Compliance Civil Penalty for Alcohol License Holder — Aldi, Inc.: City
Manager recommending approval of the Acknowledgment/Settlement Agreement for an
alcohol compliance violation for Aldi, Inc., #30, 2160 Holliday Drive. Upon motion the
documents were received, filed and approved.
23. Business License Refund: Request by GPM Midwest, LLC for a refund of the liq-
uor license BC0030362 for Fas Mart #5159 located at 2175 Central Avenue, due to a
license upgrade. Upon motion the documents were received, filed and approved.
24. Alcohol and Tobacco License Applications: City Manager recommending approv-
al of annual liquor, beer, wine and tobacco license applications as submitted. Upon mo-
tion the documents were received and filed and Resolution No. 327-16 Approving appli-
cations for beer, liquor, and/or wine permits, as required by City of Dubuque Code of
10
Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article
B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 328-16 Approving
applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Io-
wa Code 453A.47A were adopted.
RESOLUTION NO. 327-16
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
Chocolaterie Stam Dubuque
Denny's Lux Club
Eagle Country Market
Fat Tuesday's
Fiesta Cancun
Friendlylocust Mart
Grand River Center
Hy -Vee #1 Clubroom
Iowa Welcome Center
The Copper Kettle
Wal-Mart Supercenter #2004
New
Chipotle Mexican Grill
269 Main St.
3050 Asbury Rd.
1800 Elm St.
1121 University Ave.
2515 NW Arterial
408 West Locust St.
500 Bell St.
Special Class C Liquor, Class B
Wine (Outdoor) (Sunday)
Class C Liquor (Outdoor) (Sun-
day)
Class E Liquor, Class B Wine,
Class B Beer (Sunday)
Class C Liquor (Sunday)
Class C Liquor (Outdoor) (Sun-
day)
Class C Beer (Sunday)
Class C Liquor (Catering) (Sun-
day)
3500 Dodge St.
Special Class C Liquor (Sunday)
280 Main St.
2987 Jackson St.
4200 Dodge St.
3450 Dodge St.
Class C Beer, Class B Native
Wine (Sunday)
Class C Liquor, Class B Native
Wine (Living Qtrs.) (Catering)
(Outdoor) (Sunday)
Class E Liquor, Class B Wine,
Class C Beer (Sunday)
Class C Liquor (Outdoor) (Sun-
day)
11
Special Event
r
F Fat Tuesday's 10-1 , 1121 University Ave 1 Adding Outdoor Service
Tott's Tap 9-24 3457 Jackson St 1 Adding Outdoor Service
Passed, approved and adopted this 19th day of September, 2016.
Kevin J. Lynch, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 328-16
APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NIC-
OTINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A
Whereas, applications for Cigarette/Tobacco Sales have been submitted and filed
with the City Council for approval and the same have been examined and approved;
and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
following named applicants and locations for cigarette/tobacco sales permit.
Special Event
River Rat Vapes 9-23 to 9-25 500 Bell St.
Passed, approved and adopted this 191h day of September, 2016.
Kevin J. Lynch, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Connors 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 Del Toro. Motion carried 7-0.
1. Opening Doors - Partial Releases of Mortgages: City Manager recommending that
the City Council set a public hearing be set for October 3, 2016, on the partial release of
three mortgages granted by Opening Doors to the City of Dubuque. Upon motion the
documents were received and filed and Resolution No. 329-16 Resolution of Intent to
dispose of an interest in real estate by Partial Release of certain mortgages granted by
Opening Doors to the City of Dubuque, Iowa was adopted setting a public hearing for a
meeting to commence at 6:00 p.m. on October 3, 2016 in the Historic Federal Building.
RESOLUTION NO. 329-16
INTENT TO DISPOSE OF AN INTEREST IN REAL ESTATE BY PARTIAL RELEASE
OF CERTAIN MORTGAGES GRANTED BY OPENING DOORS TO THE CITY OF
DUBUQUE, IOWA
Whereas, Opening Doors, an Iowa nonprofit corporation, is the owner of Lot 2 of City
Lot 493 in the City of Dubuque, Iowa; and
12
Whereas, on November 22, 2011 Opening Doors granted to the City of Dubuque
mortgages on City Lot 493 in the City of Dubuque, Iowa recorded as Instrument Nos.
2012-1350, 2012-1352, and 2012-1353 (the "Mortgages"). The Mortgages contained an
incorrect legal description as Opening Doors owned only Lot 2 of City Lot 493 and not
the balance of City Lot 493 (Lots 1 and 3 of City Lot 493) ; and
Whereas, Opening Doors and Jackson Street School, LLC, the owner of Lots 1 and 3
of City Lot 493, have requested that the Mortgages be released as to Lots 1 and 3; and
Whereas, the City Council has tentatively determined that the Mortgages should be
released as to those lots; and
Whereas, the City Council has determined that the proposed partial release of the
Mortgages should be set for public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the Property by
Partial Release of Mortgages granted by Opening Doors to the City of Dubuque, Iowa.
Section 2. That the City Clerk is hereby authorized and directed to cause this Resolu-
tion and a notice to be published as prescribed by Iowa Code Section 364.7 of a public
hearing on the City's intent to dispose of its interest in Lots 1 and 3 of City Lot 493 by
Partial Release of Mortgages to be held on the 3rd day of October, 2016, at 6:00 o'clock
p.m. at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa
Passed, approved and adopted this 19th day of September, 2016.
Kevin J. Lynch, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointment was made to the following commission.
1. Long Range Planning Advisory Commission: One, 3 -year term through July 1,
2017 (Expired term of Clements). Applicant: Ronald Collins, 243 Cardiff St. Motion by
Jones to appoint Mr. Collins to the remainder of a 3 -year term through July 1, 2017. Se-
conded by Connors. Motion carried 7-0.
PUBLIC HEARINGS
1. Dubuque Regional Airport Parking Lot Repair Project: Proof of publication on no-
tice of public hearing to consider approval of plans, specifications, form of contract, and
estimated cost for the Dubuque Regional Airport Parking Lot Repair Project and the City
Manager recommending approval. Motion by Connors to receive and file the documents
and adopt Resolution No. 330-16 Approval of plans, specifications, form of contract, and
estimated cost for the Dubuque Regional Airport Parking Lot Repair Project 2016. Se-
conded by Jones. Motion carried 7-0.
13
RESOLUTION NO. 330-16
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR THE DUBUQUE AIRPORT PARKING LOT REPAIR PROJECT 2016
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
Dubuque Airport Parking Lot Repair Project 2016 in the estimated amount $96,480.80,
are hereby approved.
Passed, adopted and approved this 19th day of September, 2016.
Kevin J. Lynch, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
2. NW Arterial and Chavenelle Road Left Turn Lane Improvement Project: Proof of
publication on notice of public hearing to consider approval of plans, specifications, form
of contract, and estimated cost for the Northwest Arterial/Chavenelle Road Intersection
Left Turn Lane Improvement Project and the City Manager recommending approval.
Motion by Jones to receive and file the documents and adopt Resolution No. 331-16
Approval of plans, specifications, form of contract, and estimated cost for the Northwest
Arterial / Chavenelle Intersection Left Turn Lane Improvement Project. Seconded by Del
Toro. The City Manager stated that the project relates directly to detours related to the
Southwest Arterial project construction. Motion carried 7-0.
RESOLUTION NO. 331-16
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR THE NORTHWEST ARTERIAL / CHAVENELLE INTERSECTION
LEFT TURN LANE IMPROVEMENTS 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
Northwest Arterial / Chavenelle Intersection Left Turn Lane Improvements Project in the
estimated amount $231,000.00, are hereby approved.
Passed, adopted and approved this 19th day of September, 2016.
Kevin J. Lynch, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
3. Dubuque Industrial Center West - Urban Renewal Plan Amendment: Proof of pub-
lication on notice of public hearing to approve the Amended and Restated Urban Re-
newal Plan for the Dubuque Industrial Center Economic Development District and the
City Manager recommending approval. Motion by Del Toro to receive and file the doc-
uments and adopt Resolution No. 332-16 Approving the Amended and Restated Urban
Renewal Plan for the Dubuque Industrial Center Economic Development District. Se-
conded by Jones. Motion carried 7-0.
14
RESOLUTION NO. 332-16
APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE
DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT
Whereas, by Resolution 303-16 on August 15, 2016 the City Council of the City of
Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renew-
al Plan for the Dubuque Industrial Center Economic Development District (the "District");
and
Whereas, the Amended and Restated Urban Renewal Plan for the District dated Sep-
tember 19, 2016 is on file in the City Clerk's Office; and
Whereas, the City of Dubuque's primary objective for the Amended and Restated Ur-
ban Renewal Plan for the District is to provide opportunities which will further economic
development purposes and objectives as described in the Urban Renewal Plan; and
Whereas, the City Council finds that certain areas adjacent to the District as shown
on the Amended and Restated Urban Renewal Plan for the District meet the definition
of an economic development area in Chapter 403 of the Iowa Code and should be in-
cluded in the District; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has
held a public hearing on the Amended and Restated Urban Renewal Plan after public
notice thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque In-
dustrial Center Economic Development District is hereby approved.
Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and
directed to file a certified copy of this Resolution in the office of the Dubuque County
Recorder.
Passed, approved and adopted this 19th day of September, 2016.
Kevin J. Lynch, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
4. Code of Ordinances Amendment - Title 16 Downtown Design / Architectural
Guidelines: Proof of publication on notice of public hearing to consider approval of a re-
quest by the City of Dubuque to amend the Unified Development Code to replace, in
various sections, references to Downtown Design Guidelines with Architectural Guide-
lines in Sections 16-10 and 16-3 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
Del Toro. Motion carried 7-0. Planning Services Manager Laura Carstens provided a
staff report.
Motion by Connors for final consideration and passage of Ordinance No. 44-16
Amending City of Dubuque Code of Ordinances Title 16 Unified Development Code,
Chapter 10 Historic Preservation Commission Applications and Procedures, Section 16-
10-10 Standards for Review by References Architectural Guidelines; and Ordinance No.
45-16 Amending City of Dubuque Code of Ordinances Title 16 Unified Development
15
Code, Chapter 13, Site Design Standards, Section 16-13-2 Applicability to Reference
Architectural Guidelines. Seconded by Del Toro. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 44-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DE-
VELOPMENT CODE, CHAPTER 10 HISTORIC PRESERVATION COMMISSION AP-
PLICATIONS AND PROCEDURES, SECTION 16-10-10 STANDARDS FOR REVIEW
BY REFERENCES ARCHITECTURAL GUIDELINES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 16-10-10 of the City of Dubuque Code of Ordinances, Unified De-
velopment Code, is hereby amended to read as follows:
16-10-10 Standards for Review:
A. The commission considers each design review on the merits of the individual
case, with due deliberation given to each proposed change(s) and its sympathetic
relationship to the specific historic setting, architectural or historic significance, ex-
tent of previous alteration, use of original materials and quality of design of the ex-
isting structure ore site. Commission approval of a particular type of alteration or
activity does not establish a binding precedent for future commission action, but
may constitute an additional factor to be considered in subsequent design reviews
involving the same type of alteration or activity.
B. The "secretary of interior's standards and guidelines for archaeology and his-
toric preservation", the "secretary of interior's standards for guidelines for the
treatment of historic properties", codified as 36 CFR 68, as amended, and the
"secretary of interior's standards for rehabilitation and guidelines for rehabilitating
historic buildings", provide the guidelines by which the commission reviews an ap-
plication for a certificate of appropriateness or certified of economic non -viability,
and any subsequent revisions of these standards and guidelines by the secretary
of interior will be adopted by the commission.
C. The commission shall also be guided by the architectural guidelines and any
design standards specified in the ordinance or amendment designating the land-
mark, landmark site or historic district.
D. The commission considers the factors or architectural style, scale, mass, ar-
rangement, texture, materials, and any other pertinent factors. The proposed work
must be appropriate for and must restore, preserve, or enhance features of build-
ings or structures. The proposed work shall not adversely affect the exterior archi-
tectural features of the building or structure, nor shall the proposed work adversely
affect the character or special historical, architectural or aesthetic value of the
property and its setting. The proposed work also must conform to such further
standards as may be embodied in the ordinance. (Ord. 28-14, 3-17-2014; and.
Ord. 40-15, 6-1-15)
Section 2. This ordinance shall take effect immediately upon publication, as provided
by law.
Passed, approved and adopted this 19th day of September, 2016.
/s/Kevin J. Lynch, Mayor Pro -Tem
16
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 23rd day of September,
2016.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 45-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DE-
VELOPMENT CODE, CHAPTER 13, SITE DESIGN STANDARDS, SECTION 16-13-2
APPLICABILITY TO REFERENCE ARCHITECTURAL GUIDELINES
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 16-13-2 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
16-3-2: APPLICABILITY
A. New Development: Development requiring a site plan under section 16-12-3 of
this title on a site that is vacant or substantially cleared real estate, and not in a spe-
cial development area, shall comply with the site design standards set forth herein.
B. Redevelopment: Development requiring a site plan under section 16-12-3 of
this title on a site with improved real estate, involving partial clearance of twenty-five
percent (25%) or more of the building area and/or expansion of twenty-five percent
(25%) or more of the building area existing at the time of adoption of this title, and not
in a special development area, shall comply with the site design standards set forth
herein.
C. Special Development Areas: Development requiring a site plan under section
15-12-3 of this title that is in one of the following special development areas may be
subject to design standards or guidelines in addition to or in lieu of the site design
standards set forth herein, as follows:
1. Urban Renewal Districts: These districts have planning and other criteria that
may take precedence over the site design standards set forth herein.
2. Port of Dubuque Design Standards: This area has design standards that may
take precedence over the site design standards set forth herein.
3. Planned Unit Development (PUD) Districts: These districts may have site de-
velopment and performance standards that may take precedence over the site de-
sign standards set forth herein.
4. Historic Districts: Historic districts, as regulated by chapter 10 of this title,
have architectural guidelines that may take precedence over the site design
standards set forth herein.
5. Old Town Neighborhood Overlay District. This overlay district has design
guidelines that may take precedence over the site design standards set forth here.
6. Architectural Guidelines: These guidelines apply to the Downtown Design
Guidelines Area and Historic Millwork District in accordance with city policy, and
may take precedence over the site design standards set forth herein.
Section 2. This ordinance shall take effect immediately upon publication, as provided
by law.
Passed, approved and adopted this 19th day of September, 2016.
17
/s/Kevin J. Lynch, Mayor Pro -Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 23rd day of September,
2016.
/s/Kevin S. Firnstahl, City Clerk
5. Code of Ordinances Amendment - Titles 15 & 16 Meeting Requirement for Long
Range Planning Advisory Commission, Zoning Advisory Commission, and the Zoning
Board of Adjustment: Proof of publication on notice of public hearing to consider ap-
proval of a request by the City of Dubuque to change the meeting requirement for the
Long Range Planning Advisory Commission, the Zoning Board of Adjustment and the
Zoning Advisory Commission and the Zoning Advisory Commission recommending ap-
proval. Motion by Del Toro 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
Connors. Motion carried 7-0. Planning Services Manager Laura Carstens provided a
staff report.
Motion by Del Toro for final consideration and passage of Ordinance No. 46-16
Amending City of Dubuque Code of Ordinances Title 15 Planning and Zoning, Chapter
2 Long Range Planning Advisory Commission, Section 15-2-10 Meetings by Changing
the Meeting Requirement; Ordinance No. 47-16 Amending City of Dubuque Code of
Ordinances Title 16 Unified Development Code, Chapter 8 Zoning Board of Adjustment
Applications and Procedures, Section 16-8-1 Zoning Board of Adjustment by Changing
the Meeting Requirement; and Ordinance No. 48-16 Amending City of Dubuque Code
of Ordinances Title 16 Unified Development Code, Chapter 9 Zoning Advisory Commis-
sion Applications and Procedures, Section 16-9-1 Zoning Advisory Commission by
Changing the Meeting Requirement. Seconded by Jones. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 46-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 15 PLANNING
AND ZONING, CHAPTER 2 LONG RANGE PLANNING ADVISORY COMMISSION,
SECTION 15-2-10 MEETINGS BY CHANGING THE MEETING REQUIREMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 15-2-10 of the City of Dubuque Code of Ordinances is amended to
read as follows:
15-2-10: MEETINGS:
A. Meetings: Meetings may be called by the chairperson or at the written request
of a majority of the commissioners.
B. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
C. Attendance:
1. In the event a commissioner has been absent for three (3) or more consecu-
tive meetings of the commission, without being excused by the chairperson, such
18
absence will be grounds for the commission to recommend to the city council that
the position be declared vacant and a replacement appointed.
2. Attendance must be entered upon the minutes of all meetings.
D. Minutes: A copy of the minutes of all regular and special meetings of the com-
mission must be filed with the city council within ten (10) working days after each
meeting, or by the next regularly scheduled city council meeting, whichever is later.
E. Quorum: Four (4) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the commissioners present and voting
is necessary for the adoption of any motion or resolution.
Section 2. This Ordinance takes effect upon publication.
Passed, approved and adopted this 19th day of September, 2016.
/s/Kevin J. Lynch, Mayor Pro -Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 23rd day of September,
2016.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 47-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DE-
VELOPMENT CODE, CHAPTER 8 ZONING BOARD OF ADJUSTMENT APPLICA-
TIONS AND PROCEDURES, SECTION 16-8-1 ZONING BOARD OF ADJUSTMENT
BY CHANGING THE MEETING REQUIREMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 16-8-1 of the City of Dubuque Code of Ordinances is amended to
read as follows:
16-8-1: ZONING BOARD OF ADJUSTMENT:
J. Meetings:
1. Meetings: Meetings may be called by the chairperson or at the written request
of a majority of the members.
2. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
3. Attendance:
a. In the event a member of the board has been absent for three (3) or more
consecutive meetings of the board, without being excused by the chairperson,
such absence will be grounds for the board to recommend to the city council that
the position be declared vacant and a replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
4. Minutes: A copy of the minutes of all regular and special meetings of the board
must be filed with the city council within ten (10) working days after each meeting, or
by the next regularly scheduled city council meeting, whichever is later.
5. Quorum: The concurring vote of three (3) members of the board is necessary to
reverse any order, requirement, decision, or determination of any such administrative
19
official, or to decide in favor of the applicant on any matter upon which it is required to
pass under any such ordinance or to effect any variation in such ordinance.
Section 2. This Ordinance takes effect upon publication.
Passed, approved and adopted this 19th day of September, 2016.
/s/Kevin J. Lynch, Mayor Pro -Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 23rd day of September,
2016.
/s/Kevin S. Firnstahl, City Clerk
OFFICIAL PUBLICATION
ORDINANCE NO. 48-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 16 UNIFIED DE-
VELOPMENT CODE, CHAPTER 9 ZONING ADVISORY COMMISSION APPLICA-
TIONS AND PROCEDURES, SECTION 16-9-1 ZONING ADVISORY COMMISSION
BY CHANGING THE MEETING REQUIREMENT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 16-9-1 of the City of Dubuque Code of Ordinances is amended to
read as follows:
16-9-1: ZONING ADVISORY COMMISSION:
J. Meetings:
1. Meetings: Meetings may be called by the chairperson or at the written request
of a majority of the commissioners.
2. Open Meetings: All meetings must be called and held in conformance with the
Iowa open meetings law.
3. Attendance:
a. In the event a commissioner has been absent for three (3) or more consecu-
tive meetings of the commission, without being excused by the chairperson, such
absence will be grounds for the commission to recommend to the city council that
the position be declared vacant and a replacement appointed.
b. Attendance must be entered upon the minutes of all meetings.
4. Minutes: A copy of the minutes of all regular and special meetings of the com-
mission must be filed with the city council within ten (10) working days after each
meeting, or by the next regularly scheduled city council meeting, whichever is later.
5. Quorum: Four (4) commissioners constitute a quorum for the transaction of
business. The affirmative vote of a majority of the commissioners present and voting
is necessary except at least four (4) affirmative votes shall be required in the case of:
a) text amendment to the zoning ordinance; b) a substantial zoning reclassification; c)
approval, denial, or amendment of a planned district application; d) adoption of any
plan or report; or e) amendment of a comprehensive plan.
Section 2. This Ordinance takes effect upon publication.
Passed, approved and adopted this 19th day of September, 2016.
20
/s/Kevin J. Lynch, Mayor Pro -Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 23rd day of September,
2016.
/s/Kevin S. Firnstahl, City Clerk
6. Fiscal Year 2017 First Budget Amendment: Proof of publication on notice of public
hearing to consider approval of the first Fiscal Year 2017 Budget Amendment, which
amends the Fiscal Year 2017 budget for City Council actions since the beginning of the
fiscal year. Motion by Jones to receive and file the documents and adopt Resolution No.
333-16 Amending the Current Budget for the Fiscal Year Ending June 30, 2017. Se-
conded by Connors. Responding to questions from the City Council, City Manager Van
Milligen stated that the amendment contained only changes approved or requested by
the City Council. Motion carried 7-0.
RESOLUTION NO. 333-16
A RESOLUTION AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR
ENDING JUNE 30, 2017
(AS AMENDED LAST ON: N/A
Be it Resolved by the Council of the City of Dubuque, Iowa
Section 1. Following notice published 09/08/2016 and the public hearing held,
09/19/2016 the current budget (as previously amended) is amended as set out herein
and in the detail by fund type and activity that supports this resolution which was con-
sidered at that hearing:
21
Total Budget
as certified
or last amended
Current
Amendment
Total Budget
after Current
Amendment
Revenues & Other Financing Sources
25,555,634
0
25,555,634
Taxes Levied on Property 1
Less: Uncollected Property Taxes -Levy Year 2
0
0
0
Net Current Property Taxes 3
25,555,634
0
25,555,634
Delinquent Property Taxes 4
0
0
0
TIF Revenues 5
11,112,649
0
11,112,649
Other City Taxes 6
18,106, 679
0
18,106, 679
Licenses & Permits 7
1,505,981
0
1,505,981
Use of Money and Property 8
12,893,350
0
12,893,350
Intergovernmental 9
34,561,978
40,077,845
74,639,823
Charges for Services 10
59,462,089
41,860
59,503,949
Special Assessments 11
0
0
0
Miscellaneous 12
1,705,918
490,719
2,196,637
Other Financing Sources 13
14,996,651
3,885,621
18,882,272
Transfers In 14
28, 536,128
2,839,761
31, 375, 889
Total Revenues and Other Sources 15
208,437,057
47,335,806
255,772,863
Expenditures & Other Financing Uses
21
Public Safety 16
29,240,936
492,119
29,733,055
Public Works _ 17
13,514,802
920,463
14,435,265
Health and Social Services _ 18
994,825
51,323
1,046,148
Culture and Recreation _ 19
11,967,321
618,540
12,585,861
Community and Economic Development 20
14, 203, 680
123,069
14, 326, 749
General Government 21
9,131,313
377,493
9,508,806
Debt Service 22
10, 088, 563
0
10, 088, 563
Capital Projects 23
27, 315, 838
52, 457, 784
79, 773, 622
Total Government Activities Expenditures 24
116,457,278
55,040,791
171,498,069
Business Type/Enterprises 25
68,698,070
22,808,693
91,506,763
Total Gov Activities & Business Expenditures 26
185,155,348
77,849,484
263,004,832
Transfers out 27
28, 536,128
2,839,761
31, 375, 889
Total Expenditures/Transfers Out 28
213,691,476
80,689,245
294,380,721
Excess Revenues & Other Sources Over
(Under) Expenditures/Transfers Out Fiscal Year 29
-5,254,419
-33,353,439
-38,607,858
Beginning Fund Balance July 1 30
29,641,135
46,223,249
75,864,384
Ending Fund Balance June 30 31
24,386,716
12,869,810
37,256,526
Passed this,l9"' day of, September 2016
Kevin J. Lynch, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
7. Lease of Property to Interstate Power and Light Company for Construction of Solar
Array: Proof of publication on notice of public hearing to consider approval of a lease
with Interstate Power and Light Company for approximately 21.14 acres of property re-
cently acquired by the City of Dubuque near the Dubuque Industrial Center West north
of Humke Road and west of Seippel Road for construction of a solar array and the City
Manager recommending approval. Motion by Connors to receive and file the documents
and adopt Resolution No. 334-16 Disposing of an interest in real property located in the
City of Dubuque, Iowa by lease between the City of Dubuque and Interstate Power and
Light Company. Seconded by Jones. Responding to questions from the City Council,
Sustainable Innovations Consultant for the Greater Dubuque Development Corporation
David Lyons, described how much energy would be generated, how the energy would
be transmitted from the array and that development designs would involve Council ap-
proval. City Manager Van Milligen stated that adjacent development could not shade the
array. Motion carried 7-0.
RESOLUTION NO. 334-16
DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED IN THE CITY OF
DUBUQUE, IOWA BY LEASE BETWEEN THE CITY OF DUBUQUE AND INTER-
STATE POWER AND LIGHT COMPANY
Whereas, the City Council, by Resolution No. 316-16, dated September 6, 2016, de-
clared its intent to dispose of City interest in real property legally described as:
Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County,
Iowa, according to the plat thereof (the Property) and;
22
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on September 19, 2016 at 6:00 p.m. in the Historic Federal Building, 350 W.
6th Street, Dubuque, Iowa; and
Whereas, City desires to lease that part of the Property described in attached Exhibit
A (the Premises) to Interstate Power and Light Company pursuant to the Real Property
Lease Agreement (the Lease) now on file at the Office of the City Clerk, City Hall, 13
and Central, Dubuque, Iowa; and
Whereas, the City Council has determined that it would be in the best interests of the
City to enter into the Lease.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
Section 1. The Lease Agreement by and between the City of Dubuque Interstate
Power and Light Company is hereby approved.
Section 2. The City Manager is authorized and directed to sign the Lease Agreement
on behalf of the City of Dubuque.
Passed, approved, and adopted this 19th day of September, 2016.
Kevin J. Lynch, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
ACTION ITEMS
1. Heritage Trail Head Parking Lot Project Award: City Manager recommending
award of the construction contract for the Heritage Trail Head Parking Lot Project to the
low bidder Temperly Construction. Motion by Connors to receive and file the documents
and adopt Resolution No. 335-16 Awarding public improvement contract for the Herit-
age Trail Head Parking Lot Project. Seconded by Resnick. Motion carried 7-0.
RESOLUTION NO. 335-16
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE HERITAGE TRAIL
HEAD PARKING LOT PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Whereas, sealed proposals have been submitted by contractors for the Heritage Trail
Head Parking Lot Project, (the Project) pursuant to Resolution No. 290-16 and Notice to
Bidders published in the Master Builders of Iowa Plan Room on the 5th day of August,
2016.
Whereas, said sealed proposals were opened and read on the 8th day of September,
2016 and it has been determined that Temperly Construction of East Dubuque, Illinois,
with a bid in the amount of $ 58,062.50 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 Temperly
Construction and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
23
Passed, adopted and approved this 19th day of September, 2016.
Kevin J. Lynch, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
2. Timber Ridge Estates Preliminary Plat: Zoning Advisory Commission recommend-
ing approval of the preliminary plat for Timber Ridge Estates subject to waiving the
street width. Motion by Jones to receive and file the documents and approve the rec-
ommendation. Seconded by Connors. Planning Services Manager Laura Carstens pro-
vided a staff report and responded to questions from the City Council regarding Dubu-
que County street development standards versus City street development standards
with respect to street width, private maintenance, parking and the potential for annexa-
tion. Motion carried 7-0.
3. Dubuque Industrial Center West Urban Renewal Ordinance: City Manager recom-
mending Council approval of an ordinance amending the Tax Increment ordinance for
the Dubuque Industrial Center Economic Development District that allow tax increment
financing to be used in the new Subareas H, I and J of the District. 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 Connors. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 49-16 Amend-
ing Ordinance No. 55-15, Previously Amended, Providing that general property taxes
levied and collected each year on all property located within the Amended and Restated
Dubuque Industrial Center Economic Development District Urban Renewal Area of the
City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State
of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and
other Taxing Districts, be paid to a special fund for payment of principal and interest on
loans, monies advanced to and indebtedness, including bonds issued or to be issued,
incurred by said city in connection with the Amended and Restated Dubuque Industrial
Center Economic Development District Urban Renewal Redevelopment Project. Se-
conded by Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 49-16
AMENDING ORDINANCE NO. 55-15, PREVIOUSLY AMENDED, PROVIDING THAT
GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL
PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED DUBUQUE IN-
DUSTRIAL CENTER ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL
AREA OF THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, STATE OF IOWA, BY
AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF DUBUQUE, COUNTY
OF DUBUQUE, DUBUQUE COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING
DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND
INTEREST ON LOANS, MONIES ADVANCED TO AND INDEBTEDNESS, INCLUD-
ING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNEC-
TION WITH THE AMENDED AND RESTATED DUBUQUE INDUSTRIAL CENTER
24
ECONOMIC DEVELOPMENT DISTRICT URBAN RENEWAL REDEVELOPMENT
PROJECT
Whereas, the Amended and Restated Urban Renewal Plan for the Dubuque Industri-
al Center Economic Development District Urban Renewal Project Area described in
Resolution No. 130-88 was adopted on May 2, 1988 and was thereafter amended and
restated by Resolution No. 484-90 on December 17, 1990, Resolution No. 142-97 on
April 7, 1997, Resolution No. 478-97 on November 17, 1997, Resolution No. 15-08 on
January 7, 2008, Resolution No. 101-08 on March 17, 2008, Resolution No. 109-08 on
April 7, 2008, Resolution No. 87-11 on March 7, 2011, Resolution No. 171-13 on June
3, 2013, Resolution No. 197-15 on June 1, 2015 and Resolution No. 309-15 on Sep-
tember 8, 2015, and Resolution No. 332-16 on September 19, 2016; and
Whereas, the City Council of the City of Dubuque, Iowa originally provided for the di-
vision of taxes pursuant to Section 403.19 of the Code of Iowa within the Dubuque In-
dustrial Center Economic Development District Urban Renewal Project Area in Ordi-
nance No. 26-88 passed and approved on May 2, 1988 and thereafter amended and
restated by Ordinance No. 63-88 on December 5, 1988, by Ordinance No. 66-97 on
November 17, 1997, by Ordinance No. 70-08 on October 20, 2008, by Ordinance No.
10-14 on February 3. 2014, by Ordinance No. 39-15 on June 1, 2015 and by Ordinance
No. 55-15 on September 8, 2015; and
Whereas, indebtedness has been incurred by the City, and additional indebtedness
is anticipated to be incurred in the future, to finance urban renewal project activities
within the Amended and Restated Dubuque Industrial Center Economic Development
District, and the continuing needs of redevelopment within the Amended and Restated
Dubuque Industrial Center Economic Development District are such as to require the
continued application of the incremental tax resources of the Amended and Restated
Dubuque Industrial Center Economic Development District; and
Whereas, the following enactment is necessary to accomplish the objectives de-
scribed in the premises.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Ordinance Number 55-15 is hereby amended to read as follows:
Section 1: For purposes of this Ordinance, the following terms shall have the follow-
ing meanings:
(a) Original Project Area shall mean that portion of the City of Dubuque, Iowa de-
scribed in the Urban Renewal Plan for the Dubuque Industrial Center Economic De-
velopment District Urban Renewal Area approved by Resolution No. 130-88 on May
2, 1988, and subsequently amended by Resolution No. 484-90 on December 17,
1990, which Original Project Area includes the lots and parcels located within the ar-
ea now legally described as follows:
All of Dubuque Industrial Center Eighth Addition; and
All of Lot 1 Dubuque Industrial Center 13th Addition; and
Lot 2 Dubuque Industrial Center 13th Addition; and
Lot 1-2-2 Dubuque Industrial Center Fifth Addition; and
Lot 1 Dubuque Industrial Center Fifth Addition; and
Lot 1 Dubuque Industrial Center 11th Addition; and
Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and
25
Lot 1 of 2 of Dubuque Industrial Center Fifth Addition; and
Lot 1-3 Dubuque Industrial Center 12th Addition; and
Lot 1 of lot 3 of final plat of lot 1 of Dubuque Industrial Center First Addition;
and
Lot 1 Dubuque Industrial Center 10th Addition; and
Lot 2-3 Dubuque Industrial Center 12th Addition; and
Lots 1 & 2 of final plat of lot 1 of Dubuque Industrial Center First Addition;
and
Lot 1 Dubuque Industrial Center 12th Addition; and
Lot 2 Dubuque Industrial Center Ninth Addition; and
Lot 2 Dubuque Industrial Center 12th Addition; and
Lot 2-2 Dubuque Industrial Center Sixth Addition; and
Lot 3 Dubuque Industrial Center Ninth Addition; and
Lot 1 Dubuque Industrial Center Sixth Addition; and
Lot 2 of 2 Dubuque Industrial Center 7th Addition; and
Lot 2-1 Walter Addition; and
Lot 2-1 Walter Addition; and
And all adjoining public right-of-way, all in the City of Dubuque, Dubuque
County, Iowa.
The Original Project Area is referred to as "Subarea A" in the Urban Renewal Plan
hereinafter described.
(b) Subarea B shall mean that portion of the City of Dubuque, Iowa described as
Subarea B in the Amended and Restated Urban Renewal Plan for the Dubuque In-
dustrial Center Economic Development District Urban Renewal Area approved by
Resolution No. 478-97 on November 17, 1997, and subsequently amended by Reso-
lution No. 15-08 on January 7, 2008, which Subarea B includes the lots and parcels
located within the area legally described as follows:
Lots 1, 3, 4, 1 of 5, 6 and H of Dubuque Industrial Center West as originally
platted; and
Lots 1, 2, 3, 4, 5, 6, 7, 8, and C of Dubuque Industrial Center West 2nd Addi-
tion as originally platted; and
Lots 1, 2, 3, 4, B, and C of Dubuque Industrial Center West 4th Addition as
originally platted; and
Lots 1 of 1, 1 of 2, 2 of 2, 1 of 3, 2 of 3, 1 of 5, A, C, and D of Dubuque Indus-
trial Center West 5th Addition as originally platted; and
Lots 1, 2, and A of Dubuque Industrial Center West 6th Addition as originally
platted; and
Lots 1, 1 of 2, and 2 of 2 of Dubuque Industrial Center West 7th Addition as
originally platted; and
Lot 2 of 1 of the Southwest Quarter of the Southwest Quarter and Lot 2 of 1
of the Southeast Quarter of the Southwest Quarter all in Section 30, Township
89 North, Range 2 East, 5th Principal Meridian as originally platted; and
and all that part of a 100-foot-wide strip of the Chicago Central Pacific Rail-
road right-of-way lying in the SE 1/4 of Section 30, the SE 1/4 of the SW 1/4 of
Section 30, the NW 1/4 of Section 31, and the NE 1/4 of Section 31 all in T89N,
R2E, of the 5th P.M. Dubuque County, Iowa, the centerline of which is more
26
particularly described as follows: beginning at a point of intersection with the
easterly line of the SE 1/4 of Section 30, T89N, R2E, of the 5th P.M., thence
southwesterly along the centerline of said railroad 2,700 feet, more or less a
point of intersection with the westerly line of the SE 1/4 of said Section 30;
thence southwesterly continuing along said centerline 845 feet, more or less, to
a point where the railroad right-of-way widens to 200 feet, said point being the
terminus of this description; and
all that part of a 100 -foot -wide strip of the Chicago Central Pacific Railroad
right-of-way lying in the Balance of Lot 1 of 1 of the Southwest Quarter of the
Southwest Quarter in Section 29, Township 89 North, Range 2 East, 5th Princi-
pal Meridian; and
any adjoining public street right-of-way all in the City of Dubuque, Dubuque
County, Iowa.
(c) Subarea C shall mean that portion of the City of Dubuque, Iowa described as
Subarea C in the Amended and Restated Urban Renewal Plan for the Dubuque In-
dustrial Center Economic Development District Urban Renewal Area approved by
Resolution No. 101-08 on March 17, 2008, which Subarea C includes the lots and
parcels located within the area legally described as follows:
Lots 1 and 2 of Dubuque Industrial Center North Second Addition; and
Lots 2, 3, C and A of Dubuque Industrial Center North First Addition, except-
ing that Part of said Lot A originally platted as Lot 2 of the SW 1/4 of the NW 1/4 of
Sec. 30, T89N, R2E of the 5th PM; and
any adjoining public street right-of-way, all in the City of Dubuque, Dubuque
County, Iowa.
(d) Subarea D shall mean that portion of the City of Dubuque, Iowa described as
Subarea D in the Amended and Restated Urban Renewal Plan for the Dubuque In-
dustrial Center Economic Development District Urban Renewal Area approved by
Resolution No. 109-08 on April 7, 2008, which Subarea D includes the lots and par-
cels located within the area legally described as follows:
Lots 1, 2, and B and all of the right of way of Chavenelle Court in Dubuque
Industrial Center West 8th Addition in the City of Dubuque, Dubuque County,
Iowa.
(e) Subarea E shall mean that portion of the City of Dubuque, Iowa described as
Subarea E in the Amended and Restated Urban Renewal Plan for the Dubuque In-
dustrial Center Economic Development District Urban Renewal Area approved by
Resolution No. 87-11 on March 7, 2011, which Subarea E includes the lots and par-
cels located within the area legally described as follows:
All of Lot 1 of 1 and Lot 1 of 2 of the South Fork Subdivision No. 1 as origi-
nally platted, including any adjoining public street right-of-way to said lots, all in
the City of Dubuque, Dubuque County, Iowa, and;
All of Seippel Road right of way from the north boundary line of Lot 1 of 1 of
South Fork Subdivision No. 1 in the City of Dubuque, to the south boundary
lines of Lot H of Dubuque Industrial Center West and Lot 1 of Dubuque Indus-
trial Center West 2nd Addition in the City of Dubuque, Dubuque County, Iowa,
including crossings at the intersections of Old Highway Road and Chicago Cen-
tral & Pacific Railroad rights-of-way.
27
(f) Subarea F shall mean that portion of the City of Dubuque, Iowa, and Dubuque
County described as Subarea F in the Amended and Restated Urban Renewal Plan
for the Dubuque Industrial Center Economic Development District Urban Renewal
Area approved by Resolution No. 197-15 on June 1, 2015, which Subarea F includes
the lots and parcels located within the area legally described as follows:
Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according
to the recorded plat thereof;
Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One-quarter,
Section 25, Township 89 North , Range 1 East of the 5th Principal Meridian, in
Center Township , Dubuque County , Iowa;
Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque
County, Iowa, according to the plat thereof; and
The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of
the 5th P.M., in Center Township, Dubuque County, Iowa.
(g) Subarea G shall mean that portion of the City of Dubuque, Iowa, and Dubuque
County described as Subarea G in the Amended and Restated Urban Renewal Plan for
the Dubuque Industrial Center Economic Development District Urban Renewal Area
approved by Resolution No. 309-15 on September 8, 2015, which Subarea G includes
the lots and parcels located within the area legally described as follows:
The South one-half of the Northwest Quarter of Section 29, Township 89
North, Range 2 East of the 5th Principal Meridian, in the City of Dubuque, Iowa.
Lot 1 of Lot 1 of the Northwest Quarter of the Northwest Quarter of Section
29, Township 89 North, Range 2 East of the 5th Principal Meridian, in the City of
Dubuque, Iowa.
Lot 2 of McFadden Farm Place #2, in the City of Dubuque, Iowa.
Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa.
Lot A of Lot 1 of 1 of the Southwest Quarter of the Southwest Quarter of Sec-
tion 29, Township 89 North, Range 2 East of the 5th Principal Meridian, in the
City of Dubuque, Iowa.
Lot A of Lot 1 of 1 of the Northwest Quarter of the Southwest Quarter of Sec-
tion 29, Township 89 North, Range 2 East of the 5th Principal Meridian, in the
City of Dubuque, Iowa.
All in the City of Dubuque, Dubuque County, Iowa.
(h) Subarea H shall mean that portion of the City of Dubuque, Iowa, and Dubuque
County described as Subarea H in the Amended and Restated Urban Renewal Plan
for the Dubuque Industrial Center Economic Development District Urban Renewal
Area approved by Resolution No. 332-16 on September 19, 2016, which Subarea H
includes the lots and parcels located within the area 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.
(i) Subarea I shall mean that portion of the City of Dubuque, Iowa, and Dubuque
County described as Subarea I in the Amended and Restated Urban Renewal Plan
for the Dubuque Industrial Center Economic Development District Urban Renewal
Area approved by Resolution No. 332-16 on September 19, 2016, which Subarea I
includes the Tots and parcels located within the area legally described as follows:
28
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 Coun-
ty, Iowa
(j) Subarea J shall mean that portion of the City of Dubuque, Iowa, and Dubuque
County described as Subarea J in the Amended and Restated Urban Renewal Plan
for the Dubuque Industrial Center Economic Development District Urban Renewal
Area approved by Resolution No. 332-16 on September 19, 2016, which Subarea J
includes the lots and parcels located within the area 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
(k) Amended Project Area shall mean that portion of the City of Dubuque, Iowa
and Dubuque County included within the Original Project Area, Subarea B, Subarea
C, Subarea D, Subarea E, Subarea F, Subarea G, Subarea H, Subarea I, and Sub-
area J, each as described in this Section.
(I) Urban Renewal Plan shall mean the Amended and Restated Urban Renewal
Plan adopted for the Amended Project Area by Resolution No. 332-16 on September
19, 2016, and any subsequent amendments that may occur.
Section 2: The taxes levied on the taxable property in the Amended Project Area,
and each subarea thereof, legally described in Section 1 hereof, by and for the benefit
of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School
District, and all other taxing districts from and after the effective date of this Ordinance
shall be divided as hereinafter in this Ordinance provided.
Section 3: As to the Original Project Area, that portion of the taxes which would be
produced by the rate at which the tax is levied each year by or for each of the taxing dis-
tricts taxing property in the Original Project Area upon the total sum of the assessed
value of the taxable property in the Original Project Area as shown on the assessment
roll as of January 1, 1987, being the first day of the calendar year preceding the effec-
tive date of Ordinance No. 26-88, shall be allocated to and when collected be paid into
the fund for the respective taxing district as taxes by or for said taxing district into which
all other property taxes are paid. The taxes so determined shall be referred herein as
the "base period taxes" for such Subarea.
As to Subarea B, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 1996, being the as-
sessment roll applicable to property in such Subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 66-97.
As to Subarea C, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2007, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 70-08.
As to Subarea D, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2007, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 70-08.
29
As to Subarea E, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2013, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No.10-14.
As to Subarea F, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2014, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 39-15.
As to Subarea G, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2014, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of Ordinance No. 55-15.
As to Subarea H, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2015, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of this Ordinance.
As to Subarea I, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2015, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of this Ordinance.
As to Subarea J, base period taxes shall be computed in the same manner using the
total assessed value shown on the assessment roll as of January 1, 2015, being the as-
sessment roll applicable to property in such subarea as of January 1 of the calendar
year preceding the effective date of this Ordinance.
Section 4: That portion of the taxes each year in excess of the base period taxes for
the Amended Project Area, determined for each sub-area thereof as provided in Section
3 of this Ordinance, shall be allocated to and when collected be paid into the special tax
increment fund previously established by the City of Dubuque to pay the principal of and
interest on loans, monies advanced to, or indebtedness, whether funded, refunded, as-
sumed or otherwise, including bonds issued under authority of Section 403.9 or Section
403.12 of the Code of Iowa, incurred by the City of Dubuque, Iowa to finance or re-
finance, in whole or in part, urban renewal projects undertaken within the Amended Pro-
ject Area pursuant to the Urban Renewal Plan, except that taxes for the regular and
voter-approved physical plant and equipment levy of a school district imposed pursuant
to Section 298.2 of the Code of Iowa and taxes for the instructional support program of
a school district imposed pursuant to Section 257.19 (but in each case only to the extent
required under Section 403.19(2)), taxes for the payment of bonds and interest of each
taxing district, and taxes imposed under Section 346.77 (22) related to joint county-city
buildings, shall be collected against all taxable property within the Amended Project Ar-
ea without any limitation as hereinabove provided.
Section 5: Unless or until the total assessed valuation of the taxable property in the
subareas of the Amended Project Area exceeds the total assessed value of the taxable
property in said subareas shown by the assessment rolls referred to in Section 3 of this
Ordinance, all of the taxes levied and collected upon the taxable property in the
Amended Project Area shall be paid into the funds for the respective taxing districts as
taxes by or for the taxing districts in the same manner as all other property taxes.
30
Section 6: At such time as the loans, monies advanced, bonds and interest thereon
and indebtedness of the City of Dubuque referred to in Section 4 hereof have been
paid, all monies thereafter received from taxes upon the taxable property in the Amend-
ed Project Area shall be paid into the funds for the respective taxing districts in the
same manner as taxes on all other property.
Section 7: All ordinances or parts of ordinances in conflict with the provisions of this
Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall
be construed so as to continue the division of taxes from taxable property in the
Amended Project Area under the provisions of Section 403.19 of the Code of Iowa, as
authorized in Ordinance No. 55-15, and to fully implement the division of taxes in Sub-
area H, Subarea I, and Subarea J of the Amended Project Area. In the event that any
provision of this Ordinance shall be determined to be contrary to law it shall not affect
other provisions or application of this Ordinance which shall at all times be construed to
fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the
Amended Project Area and the subareas contained therein.
Section 8: This Ordinance shall be in effect after its final passage, approval and pub-
lication as provided by law.
Passed and approved this 19th day of September, 2016.
/s/Kevin J. Lynch, Mayor Pro -Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Read first time: September 19, 2016
Passed and approved: September 19, 2016
Published: September 23, 2016
4. Property Acquisition - 6450 Pennsylvania Avenue: City Manager recommending
approval of the acquisition of 6450 Pennsylvania Avenue from Douglas M. and Dianne
M. Fritsch and further recommends authorization of the acceptance of the Warranty
Deed and any other related steps necessary to carry out the terms of the Offer. Motion
by Connors to receive and file the documents and adopt Resolution No. 336-16 Approv-
ing the acquisition of real estate owned by Douglas M. and Dianne M. Fritsch in the City
of Dubuque. Seconded by Jones. Responding to questions from the City Council, City
Manager Van Milligen explained that the City was contacted about purchasing the prop-
erty and acquire adjacent properties as they become available. City Engineer Gus Psi-
hoyos explained how the Dubuque County valuation was used to arrive at a purchase
price. Motion carried 7-0.
RESOLUTION NO. 336-16
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY DOUGLAS M. AND
DIANNE M. FRITSCH, IN THE CITY OF DUBUQUE
Whereas, the Dubuque Industrial Center Economic Development District is an urban
renewal area which allows the City of Dubuque to capture tax increment revenue from
improvements made in the District in order to promote economic development activities;
and
Whereas, the City of Dubuque expanded the Dubuque Industrial Center Economic
Development District via Resolution 332-16; and
31
Whereas, the proposed expansion and amendment of the Dubuque Industrial Center
Economic Development District will result in acquisition of certain real estate, namely
6450 Pennsylvania Avenue, Dubuque, IA 52002; and
Whereas, Douglas M. and Dianne M. Fritsch (the Owners) of this certain real estate
have voluntarily agreed to sell to the City of Dubuque the certain real estate legally de-
scribed as follows (the Property):
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 P.M. according to the recorded plats thereof (6450 Pennsylvania
Avenue)
Whereas, acquiring the Property will allow expansion of the Dubuque Industrial Cen-
ter Economic Development District; and
Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the
City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by
the City of Dubuque through its exercise of the power of eminent domain under Chapter
6B of the Code of Iowa; and
Whereas, the Owners have agreed to sell the Property for a total cost of
$204,000.00; and
Whereas, a purchase agreement and acknowledgment of voluntary negotiation have
been finalized with the Owners of the real estate scheduled for acquisition; and
Whereas, it is in the best interest of the City to acquire the Property, subject to review
of the updated abstract and title opinion by the City Attorney's Office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the
Offer to Buy Real Estate and Acceptance attached hereto subject to review of the up-
dated abstract and title opinion by the City Attorney's Office.
Section 2. That the City of Dubuque be and is hereby authorized to accept a Warran-
ty Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for
the herein described real estate.
Section 3. That the City Clerk be and is hereby authorized and directed to cause said
Warranty Deed to be recorded in the office of the Dubuque County Recorder, together
with a certified copy of this Resolution.
Passed, approved and adopted this 19th day of September, 2016.
Kevin J. Lynch, Mayor Pro -Tem
Attest: Kevin S. Firnstahl, City Clerk
5. Fair Housing Testing Requests for Proposals: City Manager recommending ap-
proval of the selection of the Fair Housing Center of Nebraska and Iowa to provide both
the originally proposed testing as well as the testing based on disability, and allow the
City Attorney's Office to negotiate the contract subject to City Manager approval. Motion
by Jones to receive and file the documents and approve the recommendation. Second-
ed by Rios. Responding to questions from the City Council, Assistant City Attorney
Crenna Brumwell addressed how the testing would be conducted and how the results
would be utilized in the areas of enforcement, education, intervention and training of
staff and landlords. Motion carried 7-0.
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6. Request for Work Session - Bee Branch Creek Restoration Project Walking Tour:
City Manager recommending that the City Council schedule a work session for a walk-
ing tour of the Bee Branch Creek Restoration Project for Monday, October 24, 2016, at
5:00 p.m. Motion by Connors to receive and file the documents and set the work ses-
sion as recommended. Council Member Jones stated that he is unavailable. Motion car-
ried 7-0.
COUNCIL MEMBER REPORTS
Council Member Jones reported on the NICC / Dubuque Sheriff Law Enforcement
Simulator ribbon cutting at 4:30 p.m. on October 10, 2016 at NICC's downtown campus.
Mayor Buol recognized and congratulated City Attorney Barry Lindahl for 41 years of
service and 768 Council meetings as City Attorney as he transitions to part-time Senior
Counsel beginning October 1, 2016.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:08 p.m. to discuss pending litiga-
tion and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Second-
ed by Resnick. Mayor Pro -Tem Lynch 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
Attorney Barry Lindahl, Assistant City Attorney Crenna Brumwell, Assistant City Attor-
ney Maureen Quann, and Attorney Ivan Webber. Motion carried 7-0.
Upon motion the City Council reconvened in open session at 8:05 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:06 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
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