8 21 17 City Council Proceedings Official_Regular CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on August 21 , 2017 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick,
Rios; City Manager Van Milligen, City Attorney Brumwell
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1 . Welcome Students Weeks (August 21 - September 5, 2017) was accepted by Kristin
Dietzel, Vice President of Workforce Solutions for Greater Dubuque Development Corp.
900 Jackson Street, Suite 109.
2. Irish Hooley Music Festival Day (August 26, 2017) was accepted by Event President
Rob McCullough and Coordinator Robert Felderman.
3. Boy Scouts of America 100th Anniversary Week (September 17-23, 2017) was ac-
cepted by Bruce Hallahan, President of the NE Iowa Council of Boy Scouts of America.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose
of as indicated except for Items No. 5 & 29. Seconded by Rios. Paul Schultz requested
that Item No. 5 be pulled for separate discussion, and Council Member Del Toro re-
quested #29 be pulled for separate discussion. Motion carried 7-0.
1 . Minutes and Reports Submitted: Cable TV Commission of 8/2; City Council Pro-
ceedings of 8/7, 8/14; Civil Service Commission of 8/3; Five Flags Civic Center Commis-
sion of 7/31 ; Historic Preservation Commission of 7/20; Long Range Planning Advisory
Commission of 7/19; Zoning Advisory Commission of 8/2; Zoning Board of Adjustment of
7/27; Proof of Publication for City Council Proceedings of 8/1 , 8/2, 8/3; Proof of Publica-
tion for List of Claims and Summary of Revenues for Month Ending 6/30. Upon motion
the documents were received and filed.
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2. Notice of Claims and Suits: Acuity Insurance on behalf of Richard Hartig for vehicle
damage, Marie Backes for vehicle damage, Catherine Behnke for property damage, Alec
Lee Benson for vehicle damage, Michael Elliott for property damage, Jean Holdener for
vehicle damage, Scott Morris for property damage, Nick Nadermann for property damage,
Jessica West for vehicle damage. Upon motion the documents were received, filed, and
referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Acuity Insurance on behalf of Richard Hartig for vehicle damage, Marie
Backes for vehicle damage, Catherine Behnke for property damage, Alec Lee Benson for
vehicle damage, Jean Holdener for vehicle damage, Scott Morris for property damage,
Nick Nadermann for property damage, Jessica West for vehicle damage. Upon motion
the documents were received, filed, and concurred.
4. Iowa Department of Cultural Affairs Correspondence: Correspondence from the
Iowa Department of Cultural Affairs and the National Park Service congratulating the City
of Dubuque for being a Certified Local Government and partner in the Federal Preserva-
tion program since August 26, 1985. Upon motion the documents were received and filed.
5. Solid Waste Management Programs: City Manager providing the public information
brochure for the City's Solid Waste Management programs and additional services. Paul
Schultz, 2008 Victoria St., expressed his concerns over wording in the Food Scraps/Yard
Waste Collection section of the brochure that stated as available to all Dubuque residents
and business and that compostable bags were listed as unacceptable. Mr. Schultz be-
lieves this wording to be untrue in his experience and suggested changing the wording
for the online version of the brochure, correcting future publications, and for the City to
consider adapting the food scrap program to enable renters to join. City Manager Van
Milligen stated that the brochure was informational only and that an expansion of the
program would be recommended through the budget process. If possible, the errors in
text will be fixed for this printing and for future printings of the brochure. Motion by Lynch
to receive and file the documents. Seconded by Connors. Motion carried 7-0.
6. Fair Housing Testing Round 2: City Attorney submitting information gathered from
Round 2 of the Fair Housing Testing. Upon motion the documents were received and
filed.
7. Proceedings to Complete Action on Stormwater Utility Revenue Capital Loan Note,
Series 2015B Catfish Creek Sponsorship: City Manager recommending approval of the
Proceedings to Complete Action on issuance of Stormwater Utility Revenue Capital Loan
Notes, Series 2015B related to the Catfish Creek Sponsorship. Upon motion the docu-
ments were received and filed and Resolution No. 288-17 Amending the original Resolu-
tion, approved on June 15, 2015, said Resolution Approving and Authorizing a Loan and
Disbursement Agreement with the Iowa Finance Authority and Authorizing and Providing
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for the Issuance of Stormwater Utility Revenue Capital Loan Notes, Series 2015B, in or-
der to provide for the funding of a sponsored project under the terms of a new Series
2015B Note to be issued in the principal amount of$30,941 ,000, which includes approval
of a Supplemental Tax Exemption Certificate was adopted.
RESOLUTION NO. 288-17
AMENDING THE ORIGINAL RESOLUTION, APPROVED ON JUNE 15, 2015, SAID
RESOLUTION APPROVING AND AUTHORIZING A LOAN AND DISBURSEMENT
AGREEMENT WITH THE IOWA FINANCE AUTHORITY AND AUTHORIZING AND
PROVIDING FOR THE ISSUANCE OF STORMWATER UTILITY REVENUE CAPITAL
LOAN NOTES, SERIES 2015B, IN ORDER TO PROVIDE FOR THE FUNDING OF A
SPONSORED PROJECT UNDER THE TERMS OF A NEW SERIES 2015B NOTE TO
BE ISSUED IN THE PRINCIPAL AMOUNT OF $30,941,000, WHICH INCLUDES AP-
PROVAL OF A SUPPLEMENTAL TAX EXEMPTION CERTIFICATE
Whereas, the Issuer previously issued its Stormwater Utility Revenue Capital Loan
Note, Series 2015B, dated June 19, 2015, in the amount of$29,541 ,000 ("Original Note"),
pursuant to a Loan and Disbursement Agreement between Issuer and the Iowa Finance
Authority, dated of like date (the "Agreement"), for the purpose of defraying the costs of
the Project (as defined in the resolution authorizing issuance of the same (hereinafter the
"Resolution")); and
Whereas, upon completion of the Project contemplated by the Original Note, the final
loan is anticipated to be 29,541 ,000 (with $28,392,547.14 already drawn, an estimated
$574,000 anticipated to be drawn prior to closing); and
Whereas, the Issuer has been approved by the Iowa Finance Authority and the De-
partment of Natural Resources for a "sponsored project" amendment to the Original Note
for a water restoration project described below ("Sponsored Project") to be funded under
the terms of a new Series 2015B Note in the principal amount of$30,941 ,000 and bearing
interest at the rate of 1 .18% ("New Note"); and
Whereas, the Iowa Finance Authority has requested that the Original Note be ex-
changed for the New Note, reflecting the additional amount allocated for the Project; and
Whereas, pursuant to notice published as required by law, this Council has previously
held a public meeting and hearing upon the proposal to institute proceedings for the au-
thorization of a Loan and Disbursement Agreement by and between the Issuer and the
Iowa Finance Authority, and the issuance to the Iowa Finance Authority of not to exceed
$34,000,000 Stormwater Utility Revenue Capital Loan Notes to evidence the obligations
of the Issuer under said Loan and Disbursement Agreement, for the purpose of providing
funds to pay costs of land acquisition, engineering and construction of Phase 7 of the Bee
Branch Watershed Flood Mitigation Project, also known as the Upper Bee Branch Creek
restoration, the refunding and refinancing of the outstanding General Obligation Capital
Loan Notes Anticipation Project Note, Series 2006, dated December 28, 2006, issued in
respect of such costs, and the Catfish Creek Watershed Improvements, and considered
the extent of objections received from residents or property owners as to said proposal;
and
Whereas, a Sponsored Project Loan and Disbursement Agreement Amendment (here-
inafter the "Amendment") has been prepared to reflect said interest rate reduction and
additional loan amount, a copy of which is attached hereto as Exhibit A; and
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Whereas, pursuant to IRS regulations adoption of the Amendment constitutes a reis-
suance of the Note.
NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF DUBU-
QUE, STATE OF IOWA:
Section 1 . That the Resolution is hereby amended to reflect the interest rate reduction
to 1 .18% per annum on the new principal amount of$30,941 ,000 from and after June 1 ,
2017 for the remainder of the life of the New Note. Debt service on the New Note is the
same as debt service on the Original Note, accordingly, parity coverage is not affected.
Section 2. That the Amendment in substantially the form attached to this Resolution
and the New Note are hereby authorized to be executed and issued on behalf of the
Issuer by the Mayor and attested by the City Clerk. The New Note shall be exchanged for
the Original Note.
Section 3. That the Supplemental Tax Certificate regarding the uses of proceeds and
the System is hereby approved. The Finance Director is authorized to execute the same.
Section 4. Except as amended herein, all of the other terms and conditions of the Res-
olution and Agreement are in all respects ratified, confirmed and approved and shall re-
main in full effect.
Passed and approved this 21st day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Delinquent Garbage Collection Charges - Housing and Community Development
Department: City Manager recommending that the City Council adopt a resolution author-
izing the City Clerk to certify garbage collection charges to the Dubuque County Treasurer
in order to establish real property liens for collection of such charges. Upon motion the
documents were received and filed and Resolution No. 289-17 Authorizing the City to
collect delinquent garbage collection charges in accordance with Title 6-4-3A; Title 6-4-
5A and Title 6-4-5B of the Code of Ordinances of the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 289-17
AUTHORIZING THE CITY TO COLLECT DELINQUENT GARBAGE COLLECTION
CHARGES IN ACCORDANCE WITH TITLE 6-4-3A; TITLE 6-4-5A & TITLE 6-4-5B OF
THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA
Whereas, residential properties in the City of Dubuque are considered substandard if
any conditions exist to an extent that endanger life, limb, health, property, safety or wel-
fare of the public or the occupants thereof; and
Whereas, whenever in the judgment of the Housing Officer, a nuisance that is"palpably
and indisputably such" exists which requires immediate action to protect the public health,
safety or welfare of the public, the Housing Officer may order the emergency abatement
of such; and
Whereas, delinquent garbage collection charges shall be certified by the City Clerk to
the Dubuque County Treasurer for collection with, and in the same manner as general
property taxes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section I. That the persons listed on the attached Garbage Assessment Schedule are
delinquent in the payment of grass and weed cutting and garbage collection charges.
Section 2. That the City Clerk be and is hereby ordered and directed to certify to the
County Treasurer of Dubuque County, Iowa, that the persons named on the attached
Garbage Assessment Schedule are delinquent in the payment of garbage collection
charges in the amount set aside of the respective names, and that said amounts shall be
collected in the same manner as general property taxes against the respective parcels of
property set opposite the names of the owners.
Passed, approved and adopted this 21st day of August, 2017.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Schedule of Assessments
Delinquent Garbage Collection Charges
Location; Legal Description; Owner/Address; Parcel #; Amount; Category
1449 Jackson; S 1/2 - M 1/5 of City Lot 494; Volz, Scott 1449 Jackson St., Dubuque
IA 52001 ; 1024409011 ; $1 ,077.88; garbage
1853 White; S 26' - M 1/5 - City Lot 436; Dubuque Main Street Ltd, 1069 Main St.
Dubuque IA 52001 ; 1024256005; $112.00; garbage
338 Kaufmann; E 1/2 of Lot 6 Sieges Sub; Home Dream, LLC, 3060 Pennsylvania
Ave., Dubuque IA 52001 ; 1024131002; $67.00; garbage
2776 Central; W 170'- 284 Davis Farm Add; Robey, Delbert R. 2776 Central Ave.
Dubuque IA 52001 ; 1013308001 ; $65.00; garbage
2241 Washington; Lot 1-S 39.40'-Lot 80 L H Langworthy's Add; Hammerand, Lyle E &
Melissa B.,19701 Kruse Ln., Sherrill IA 52073; 1024203011 ; $115.00; garbage
799 Rush; Lot 1-2-S 165'-190 Union Add; Ley, John 799 Rush St., Dubuque IA 52003;
1025455011 ; $96.00; garbage
520 Edith; Lot 2-70, W 20.1' of Lot 1-69 & E 13.1' of Lot 1-70 O'Neill's Riverview; Boen,
Michael S. 1321 Lincoln Ave., Dubuque IA 52001 ; 1013127006; $96.00; garbage
641 W 11th; S 100' - W 61' - S 1/2 - Lot 822 A McDaniel's Sub 641-649 W 11th St.;
Tri-State Property Management LLC, 2245 Wedgewood Dr., Asbury IA 52002;
1 024381 01 8; $182.35; garbage
375 Dorgan; Lot 6 Dorgan's Sub; Perry, Jodie L. 375 Dorgan PI., Dubuque IA 52001 ;
1024180026; $315.91 ; garbage
1659 Iowa; S 57'- N 107'- E 1/2 of City Lot 746 1659-1677 Iowa; Engelken, Thomas
A., 2022 Camelot Dr., Allen TX 75013; 1024254008; $67.00; garbage
590 Clarke; BAL - N 70' - Lot 8 J P Porter's Add 590-590 1/2 Clarke Dr.; Gladwin,
Kevin, 590 Clarke Dr., Dubuque IA 52001 ; 1024153009; $70.00; garbage
9. Civil Service Commission - Certified Lists: Civil Service Commission submitting the
Certified List for the Fire Promotional position of Medical Officer and the Certified List for
the position of Landfill Foreman. Upon motion the documents were received, filed and
made a Matter of Record.
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August 3, 2017
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, a promotional examination for
the position of Landfill Foreman was administered on June 27, 2017. We hereby certify
that the individuals listed below have passed this written examination and the vacancy for
this position should be made from this list and that this list is good for two (2) years from
above date.
Landfill Foreman: 1 . Robert Barry, 2. Raymond Behnke, 3. William Gansen, 4. Daniel
Mayne, 5. Nick Connolly, 6. James Herbst, 7. Richard Bogosian
Respectfully submitted,
Daniel White, Chairperson
Civil Service Commission
10. Mutual Aid Agreement with Jamestown Fire Department: City Manager recom-
mending City Council approval of a new Mutual Aid Agreement with Jamestown Fire De-
partment of Kieler, Wisconsin. Upon motion the documents were received, filed and ap-
proved.
11 . Fiscal Year 2017 City Street Financing Report: City Manager recommending adop-
tion of a resolution approving the City of Dubuque's Fiscal Year 2017 City Street Financ-
ing Report. Upon motion the documents were received and filed and Resolution No. 290-
17 Approving the City of Dubuque Fiscal Year 2017 City Street Financing Report was
adopted.
RESOLUTION NO. 290-17
APPROVING THE CITY OF DUBUQUE FISCAL YEAR 2017 CITY STREET FINANC-
ING REPORT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the City Street Finance Report for the period of July 1 , 2016, to June
30, 2017, is hereby approved and that the City Clerk is hereby authorized and directed to
file said report with the Iowa Department of Transportation.
Passed, approved and adopted this 21st day of August 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Consolidated Annual Performance and Evaluation Report (CAPER): City Manager
recommending approval of a resolution authorizing submission to HUD of the Consoli-
dated Annual Performance and Evaluation Report (CAPER) for the period of July 1 , 2015
through June 30, 2016. Upon motion the documents were received and filed and Reso-
lution No. 291-17 Authorizing the submission of a Consolidated Annual Performance and
Evaluation Report (CAPER) for the period commencing July 1 , 2015 and concluding June
30, 2016 was adopted.
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RESOLUTION NO. 291-17
AUTHORIZING THE SUBMISSION OF A CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER) FOR THE PERIOD COMMENCING JULY 1,
2015 AND CONCLUDING JUNE 30, 2016
Whereas, the City of Dubuque, Iowa, is an entitlement grant recipient under the Com-
munity Development Block Grant (CDBG) Program of the U.S. Department of Housing
and Urban Development (HUD); and
Whereas, the CDBG regulations require each entitlement recipient must submit a per-
formance and evaluation report, Consolidated Annual Performance and Evaluation Re-
port (CAPER); and
Whereas, the City has 1) prepared a CAPER for the program year commencing July
1 , 2014 and concluding June 30, 2015; 2) published notice of availability of the CAPER
in the Telegraph Herald and City of Dubuque website on August 1 , 2017 and; 3) made
copies of the CAPER available for public review; 4) held a public hearing pursuant to
required 15 days published notice before the Community Development Advisory Com-
mission on August 15, 2017; and
Whereas, the Community Development Advisory Commission has voted to approve
the CAPER and to recommend City Council approval.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the Consolidated Annual Performance and Evaluation Report (CAPER)
for the period commencing July 1 , 2015 and concluding June 30, 2016 is hereby approved
for submission.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to
execute the Consolidated Annual Performance and Evaluation Report (CAPER) on behalf
of the City of Dubuque, Iowa.
Section 3. That the City Manager is hereby authorized and directed to submit the Con-
solidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department
of Housing and Urban Development.
Passed, approved and adopted this 21st day of August, 2017
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Preliminary Plat of Oakland Ridge Estates: Zoning Advisory Commission recom-
mending approval of the Preliminary Plat of Oakland Ridge Estates subject to waiving the
street width for Luna Street, Mackenzie Ridge, Lauren Lane, Alea Lane, Marissa Court,
Conner Court and Carriage Court. Upon motion the documents were received, filed and
approved.
14. Plat of Survey - Jelinske Place No. 2: Zoning Advisory Commission recommending
approval of the Plat of Survey for Jelinske Place No. 2. Upon motion the documents were
received and filed and Resolution No. 393-17 Approving the Plat of Survey of Jelinske
Place No. 2 in Dubuque County, Iowa was adopted.
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RESOLUTION NO. 393-17
APPROVING THE PLAT OF SURVEY OF JELINSKE PLACE NO. 2 IN DUBUQUE
COUNTY, IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey of Jelinske Place
No. 2 in Dubuque County, Iowa; and
Whereas, said Plat of Survey provides 0 feet of frontage for Lot 1 on a public or ap-
proved private street, where 50 feet of street frontage is required by Section 11-14(B) in
accordance of Title 16 of the City of Dubuque Code of Ordinances; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find that
it conforms to the statues and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That Section 11-14(B) of Title 16 of the City of Dubuque Code of Ordi-
nances, Unified Development Code, is waived to allow 0 feet of frontage on a public street
or an approved private street for Lot 1 .
Section 2. That the Plat of Survey is hereby approved and the Mayor and City Clerk
are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa
upon said Plat of Survey.
Passed, approved and adopted this 21st day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Plat of Survey - Marquette Hall Revitalization Project: City Manager recommending
approval of the Plat of Survey of Lot 34-A of Sanford Subdivision to facilitate the devel-
opment of the former Sacred Heart School building by Marquette Hall, LLC at 2222 Queen
Street. Upon motion the documents were received and filed and Resolution No. 293-17
Approving the Plat of proposed vacated alley between Regent Street and Queen Street
in Sanford Subdivision, in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 293-17
APPROVING PLAT OF PROPOSED VACATED ALLEY BETWEEN REGENT STREET
AND QUEEN STREET IN SANFORD SUBDIVISION, IN THE CITY OF DUBUQUE,
IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated August 14, 2017 prepared by Buesing and Associates, Inc., showing the
vacated 20-foot wide alley between Regent Street and Queen Street, and between Lots
11-19, inclusive, and Lots 31-34, inclusive, all in Sanford Subdivision, in the City of Dubu-
que, Iowa, to be known as Lot 34-A of Sanford Subdivision, in the City of Dubuque, Iowa;
and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the plat dated August 14, 2017 prepared by the Buesing and Associ-
ates, Inc., relative to the real estate hereinabove described be and the same is hereby
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approved, and the Mayor and City Clerk be and they are hereby authorized and directed
to execute said plat for and on behalf of the City of Dubuque, Iowa.
Section 2. The City of Dubuque reserves a perpetual public utility easement over a
portion of said Lot 34-A, as shown on the plat thereof, including the right of ingress and
egress thereto, for the purpose of erecting, installing, constructing, reconstructing, repair-
ing, owning, operating, and maintaining public utilities and appurtenances.
Section 3. That the City Clerk be and is hereby authorized and directed to file said plat
and certified copy of this resolution in the office of the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this 21st day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Clean Water State Revolving Fund (SRF) Sponsorship Program - Midtown Trans-
fer and Catfish Creek Watershed Pervious Alley Construction Project: City Manager rec-
ommending authorization to submit a Clean Water State Revolving Fund Sponsorship
Project application to the Iowa Department of Natural Resources to secure funding for the
Midtown Transfer and Catfish Creek Watershed Pervious Alley Construction Project.
Upon motion the documents were received and filed and Resolution No. 294-17 Authori-
zation to submit a Clean Water SRF Sponsorship Program application to provide funding
for the Midtown Transfer and Catfish Creek Watershed Pervious Alley Construction Pro-
ject was adopted.
RESOLUTION NO. 294-17
AUTHORIZATION TO SUBMIT A CLEAN WATER SRF SPONSORSHIP PROGRAM
APPLICATION TO PROVIDE FUNDING FOR THE MIDTOWN TRANSFER AND CAT-
FISH CREEK WATERSHED PERVIOUS ALLEY CONSTRUCTION PROJECT
Whereas, legislation was passed during the 2009 Iowa General Assembly session to
create the Clean Water State Revolving Fund Sponsorship Project program, which is de-
signed to provide communities with the ability to fund two water projects for the cost of
one; and
Whereas, the City of Dubuque submitted an Intended Use Plan to the Clean Water
State Revolving Fund in the amount of $10,000,000 for the Upper Bee Branch Creek
Railroad Culverts that was approved by the Department of Natural Resources and the
Iowa Finance Authority, which qualifies the City to apply for the Clean Water SRF Spon-
sorship Project program; and
Whereas, the Midtown Transfer and Catfish Creek Watershed Pervious Alley Con-
struction Project will include the construction of $1 ,000,000 in improvements to help im-
prove water quality and reduce runoff in the watershed; and
Whereas, the City of Dubuque has prepared an application seeking $1 ,000,000 for the
Midtown Transfer and Catfish Creek Watershed Pervious Alley Construction Project
through the Clean Water State Revolving Fund Sponsorship Project program; and
Whereas, if approved, the City would receive an interest rate reduction of$1 ,000,000
so that the citizens of Dubuque would not pay any more than they would for the approved
loan for the Upper Bee Branch Creek Railroad Culverts.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the City Manager or his designee is hereby authorized to submit a Clean Water
SRF Sponsorship application to sponsor and fund the Midtown Transfer and Catfish
Creek Watershed Pervious Alley Construction Project.
Passed, approved and adopted this 21st day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Public, Educational, and Government (PEG) Capital Grant Expenditure Request:
City Manager recommending approval of the Cable TV Commission's request for funding
from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment
and Facilities for the City of Dubuque to purchase three HD cameras, three camera bat-
teries, protective filters and SD media cards. Upon motion the documents were received,
filed and approved.
18. Iowa Finance Authority - Washington Neighborhood/Housing Trust Fund Applica-
tion: City Manager recommending approval to commit funds from the Greater Downtown
Tax Increment Financing Urban Renewal District as budgeted to be used as a match to
the Housing Trust Fund Committee's application to the Iowa Finance Authority for a grant
from the State Housing Trust Fund. Upon motion the documents were received and filed
and Resolution No. 295-17 Approving commitment of matching funds for an application
to the Iowa Finance Authority (IFA) for State Housing Trust Funds was adopted.
RESOLUTION NO. 295-17
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$161 ,456; and
Whereas, the GDTIF FY18 Receipts Activity No. 3601595 funds are available in the
current 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 $40,364 in the
current year GDTIF FY18 Receipts 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 21st day of August, 2017.
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Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Eagle Point Park Environmental Restoration Project Funding: City Manager rec-
ommending adoption of a resolution authorizing submittal of a Clean Water State Revolv-
ing Fund (SRF) Sponsorship Project application to the Iowa Department of Natural Re-
sources to secure funding for the Eagle Point Park Environmental Restoration Project.
Upon motion the documents were received and filed and Resolution No. 296-17 Authori-
zation to submit a Clean Water SRF Sponsorship Program application to provide funding
for the Eagle Point Park Environmental Restoration Project was adopted.
RESOLUTION NO. 296-17
AUTHORIZATION TO SUBMIT A CLEAN WATER SRF SPONSORSHIP PROGRAM
APPLICATION TO PROVIDE FUNDING FOR THE EAGLE POINT PARK ENVIRON-
MENTAL RESTORATION PROJECT
Whereas, legislation was passed during the 2009 Iowa General Assembly session to
create the Clean Water State Revolving Fund Sponsorship Project program, which is de-
signed to provide communities with the ability to fund two water projects for the cost of
one; and
Whereas, the City of Dubuque submitted an Intended Use Plan to the Clean Water
State Revolving Fund in the amount of $3,200,000 for the Kerper Boulevard Sanitary
Sewer Reconstruction that was approved by the Department of Natural Resources and
the Iowa Finance Authority, which qualifies the City to apply for the Clean Water SRF
Sponsorship Project program; and
Whereas, the Eagle Point Park Environmental Restoration Project will include the con-
struction of$320,000 in improvements to help improve water quality and reduce runoff in
the watershed; and
Whereas, the City of Dubuque has prepared an application seeking $320,000 for the
Eagle Point Park Environmental Restoration Project through the Clean Water State Re-
volving Fund Sponsorship Project program; and
Whereas, if approved, the City would receive an interest rate reduction of$320,000 so
that the citizens of Dubuque would not pay any more than they would for the approved
loan for the Kerper Boulevard Sanitary Sewer Reconstruction Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the City Manager or his designee is hereby authorized to submit a Clean Water
SRF Sponsorship application to sponsor and fund the Eagle Point Park Environmental
Restoration Project.
Passed, approved and adopted this 21st day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
20. Certified Local Government Grant Application for Historic Preservation Commis-
sion Scholarships: City Manager recommending Council approval to transmit the Certified
Local Government grant application for scholarships to enable at least two Historic
Preservation Commission members to attend the 2018 National Alliance of Preservation
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Commissions Forum to be held in Des Moines Iowa, on July 18-22, 2018. Upon motion
the documents were received and filed and Resolution No. 297-17 Authorizing CLG Grant
application to State Historic Preservation Office for Scholarships for Historic Preservation
Commissioners to attend National Preservation Conference was adopted.
RESOLUTION NO. 297-17
AUTHORIZING CLG GRANT APPLICATION TO STATE HISTORIC PRESERVATION
OFFICE FOR SCHOLARSHIPS FOR HISTORIC PRESERVATION COMMISSIONERS
TO ATTEND NATIONAL PRESERVATION CONFERENCE
Whereas, the State Historic Preservation Office has allocated Certified Local Govern-
ment (CLG) grant funds for projects that help identify and evaluate historic structures,
create historic preservation plans, educate the public, and provide scholarships for com-
missioners to attend national preservation conferences; and
Whereas, the City of Dubuque has adopted the 2012 Comprehensive Plan that in-
cludes goals for educating the community about the benefits of historic preservation.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The Mayor hereby is authorized to submit the FY 2018 CLG Grant applica-
tion to the State Historic Preservation Office for scholarships for Historic Preservation
Commissioners to attend the 2018 National Alliance of Preservation Commissions
(NAPC) biennial FORUM in the amount of$3,000.
Section 2. The Planning Services Manager hereby authorized to serve as project man-
ager in accordance with state requirements.
Passed, approved and adopted this 21st day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
21 . Resource Enhancement and Protection (REAP) Grant for Valentine Park Expan-
sion — Notice of Use Restrictions: City Manager recommending approval of a resolution
agreeing to the terms of the Notice of Use Restrictions from the Iowa Department of Nat-
ural Resources for the Valentine Park Expansion — Roepsch Property. Upon motion the
documents were received and filed and Resolution No. 298-17 Approving the Notice of
Use Restrictions related to REAP Grant Agreement #17-R4-ED for Valentine Park Ex-
pansion - Roepsch Property was adopted.
RESOLUTION NO. 298-17
APPROVING THE NOTICE OF USE RESTRICTIONS RELATED TO REAP GRANT
AGREEMENT # 17-R4-ED FOR VALENTINE PARK EXPANSION — ROEPSCH PROP-
ERTY
Whereas, the Iowa Department of Natural Resources (IDNR) provided the City of
Dubuque with a Resource Enhancement and Protection (REAP) grant of$140,790.00 for
acquisition of Valentine Park Expansion — Roepsch Property; and
Whereas, the City of Dubuque agreed to abide by all local, state and federal require-
ments applicable to REAP Grant Agreement # 17-R4-ED for said project; and
Whereas, said REAP grant agreement requires that the City of Dubuque maintain said
project for its designated public use in perpetuity.
12
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The City Council hereby agrees to the terms of the Notice of Use Re-
strictions provided by the IDNR regarding REAP Grant Agreement # 17-R4-ED for the
Valentine Park Expansion — Roepsch Property legally described as Lot 1 of Roepsch
Place No. 2, in the City of Dubuque, Dubuque County, Iowa.
Section 2. The City Clerk hereby is authorized to record said Notice of Use Restrictions
with the Dubuque County Recorder.
Passed, approved and adopted this 21st day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
22. 2017 Justice Assistance Grant (JAG) Application: City Manager recommending
approval to submit the 2017 Justice Assistance Grant (JAG) application. Upon motion the
documents were received, filed and approved.
23. Fiscal Year 2017 Smart Traffic Routing with Efficient and Effective Traffic Signals
(STREETS) Improvements Funding: City Manager recommending approval of a resolu-
tion authorizing the City of Dubuque to submit an application in partnership with the Iowa
Department of Transportation and the Dubuque Metropolitan Area Transportation Study,
for a Federal Highway Administration Accelerated Innovation Deployment (AID) demon-
stration application to assist with funding Smart Traffic Routing with Efficient and Effective
Traffic Signals (STREETS) improvements. Upon motion the documents were received
and filed and Resolution No. 299-17 Authorizing the filing of Accelerated Innovation De-
ployment (AID) Demonstration Application with Federal Highway Administration (FHWA)
in partnership with Iowa Department of Transportation (IADOT) and Dubuque Metropoli-
tan Area Transportation Study (DMATS)to assist with the funding of Smart Traffic Routing
with Efficient and Effective Traffic Signals (STREETS) Improvements was adopted.
RESOLUTION NO. 299-17
AUTHORIZING THE FILING OF ACCELERATED INNOVATION DEPLOYMENT (AID)
DEMONSTRATION APPLICATION WITH FEDERAL HIGHWAY ADMINISTRATION
(FHWA) IN PARTNERSHIP WITH IOWA DEPARTMENT OF TRANSPORTATION
(IADOT) AND DUBUQUE METROPOLITAN AREA TRANSPORTATION STUDY
(DMATS) TO ASSIST WITH THE FUNDING OF SMART TRAFFIC ROUTING WITH EF-
FICIENT AND EFFECTIVE TRAFFIC SIGNALS (STREETS) IMPROVEMENTS
Whereas, the STREETS project is designed to improve traffic conditions throughout
the Dubuque metro area by distributing traffic more evenly on the region's major corridors.
The STREETS project will modify the signal timings through a seamless interface be-
tween a signal timing model and signals used in the field; and
Whereas, the City has determined that STREETS project will reduce congestion,
shorten travel times, and improve safety in the metro area. By rerouting traffic on the
roads with extra capacities dynamically, it is expected that the proposed system will re-
duce traffic bottlenecks as recommended by the adopted East-West Corridor Study; and
13
Whereas, the City in partnership with IADOT and DMATS is requesting FHWA AID
funding in the amount of$998,000 in Federal Fiscal Year(FFY) 2017 to assist with project
implementation; and
Whereas, the City has sufficient funds available to cover the local funding in the amount
of$249,500.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1 . The City hereby supports and authorizes the grant application submittal for
funding through the FHWA FFY 2017 FHWA AID Program to assist with the funding
STREETS project implementation in Dubuque Metro area as part of the East-West Cor-
ridor Improvements.
Passed, approved and adopted this 21st day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
24. Fiscal Year 2019 Smart Traffic Routing with Efficient and Effective Traffic Signals
(STREETS) Improvements: City Manager recommending adoption of a resolution author-
izing the City of Dubuque to submit an application for an Iowa Department of Transporta-
tion Traffic Safety Improvement Program (TSIP) grant application to assist with funding
Smart Traffic Routing with Efficient and Effective Traffic Signals (STREETS) Improve-
ments. Upon motion the documents were received and filed and Resolution No. 300-17
Authorizing the filing of a grant application with the Iowa Department of Transportation for
Traffic Safety Improvement Program funding for the City of Dubuque to assist with the
funding of Smart Traffic Routing with Efficient and Effective Traffic Signals (STREETS)
Improvements was adopted.
RESOLUTION NO. 300-17
AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE IOWA DEPART-
MENT OF TRANSPORTATION FOR TRAFFIC SAFETY IMPROVEMENT PROGRAM
FUNDING FOR THE CITY OF DUBUQUE TO ASSIST WITH THE FUNDING OF SMART
TRAFFIC ROUTING WITH EFFICIENT AND EFFECTIVE TRAFFIC SIGNALS
(STREETS) IMPROVEMENTS
Whereas, the STREETS project is designed to improve traffic conditions throughout
the Dubuque metro area by distributing traffic more evenly on the region's major corridors.
The STREETS project will modify the signal timings through a seamless interface be-
tween a signal timing model and signals used in the field; and
Whereas, the City of Dubuque has determined that STREETS project will reduce con-
gestion, shorten travel times, and improve safety in the metro area. By rerouting traffic on
the roads with extra capacities dynamically, it is expected that the proposed system will
reduce traffic bottlenecks as recommended by the adopted East-West Corridor Study;
and
Whereas, the City of Dubuque is seeking the necessary funding for project implemen-
tation, and upon completion, in cooperation with the Iowa Department of Transportation,
be responsible for adequate maintaining and operating the project for public use during
the project's useful life.
14
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1 . The City files this grant application for funds through the Traffic Safety Im-
provement Program to assist with the funding STREETS project implementation in Dubu-
que Metro area as part of the East-West Corridor Improvements.
Passed, approved and adopted this 21st day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
25. Hawkeye Area Community Action Program / Continuum of Care Certification of
Consistency: City Manager recommending approval to provide Certification of Con-
sistency with the Fiscal Year 2016-2020 Consolidated Plan for Hawkeye Area Community
Action Program so they may submit application for Continuum of Care Funds. Upon mo-
tion the documents were received, filed and approved.
26. Continuum of Care "SNAP" Program Renewal Application: City Manager recom-
mending approval of a one year renewal application to the U.S. Department of Housing
and Urban Development for the administration of the Continuum of Care Special Needs
Assistance Program (SNAP), which provides rental assistance to homeless persons with
disabilities. Upon motion the documents were received and filed and Resolution No. 301-
17 Authorizing the Mayor to execute an application for the Continuum of Care Grant and
authorizing the Director of Housing and Community Development and the City Manager
to approve the application was adopted.
RESOLUTION NO. 301-17
AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE CONTIN-
UUM OF CARE GRANT AND AUTHORIZING THE DIRECTOR OF HOUSING AND
COMMUNITY DEVELOPMENT AND THE CITY MANAGER TO APPROVE THE APPLI-
CATION
Whereas, the U.S. Department of Housing and Urban Development has published the
availability of the Continuum of Care grant for the Collaborative Applicants including the
Iowa Balance of the Continuum of Care; and
Whereas, the U.S. Department of Housing and Urban Development will publish the
availability of the Continuum of Care grant for the Project Applicants including the City of
Dubuque Phoenix Housing Project; 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.
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 submit an application
to HUD for the Continuum of Care program grant; and
Section 2: That the Director of Housing and Community Development and the City
Manager are hereby authorized to approve the application that is submitted to HUD.
15
Section 3: That the City Manager is hereby authorized and directed to forward said
application and resulting standard executed contract to the respective agency in a timely
fashion and as required by U. S. Department of Housing and Urban Development.
Passed, approved and adopted this 21st day of August 2017.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
27. Heritage Trail Head Parking Lot Improvements Acceptance: City Manager recom-
mending acceptance of the public improvement construction contract for the Heritage
Trail Head Parking Lot Project, as completed by Temperley Excavating, Inc. Upon motion
the documents were received and filed and Resolution No. 302-17 Accepting the Heritage
Trail Head Parking Lot Project and authorizing the payment of the contract amount to the
contractor was adopted.
RESOLUTION NO. 302-17
ACCEPTING THE HERITAGE TRAIL HEAD PARKING LOT PROJECT AND AUTHOR-
IZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Heritage Trail Head Parking Lot
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 Pro-
ject be accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Trails/Complete Streets appropriations for the contract amount of $51 ,758.46, 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 21st day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE HERITAGE
TRAIL HEAD PARKING LOT PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Heritage Trail Head Parking Lot Project, that the Project has been per-
formed in compliance with the terms of the Public Improvement Contract, and that the
total cost of the completed work is $62,110.15
Dated this 15th day of August, 2017.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 15th day of August, 2017.
/s/Kevin S. Firnstahl, City Clerk
16
28. Twenty-Fifth Amendment to City Manager Employment Agreement: Submittal of
the Twenty-Fifth Amendment to City Manager Employment Agreement. Upon motion the
documents were received, filed and approved.
29. Establishing the Compensation of the City Attorney: Council Member Del Toro ex-
pressed his concerns over not realizing the payroll savings as indicated in the recent
office restructuring. He believed this to be an overcorrection of a salary disparity issue
that needed to be addressed and is not a criticism of the job being done in the City Attor-
ney's Office. Motion by Lynch to receive and file the documents and adopt Resolution No.
303-17 Establishing the compensation of the City Attorney. Seconded by Jones. Motion
carried 6-1 with Del Toro voting nay.
RESOLUTION NO. 303-17
ESTABLISHING THE COMPENSATION OF THE CITY ATTORNEY
Whereas, the City Council appoints the City Attorney; and
Whereas, the City Council from time to time establishes the compensation of the City
Attorney.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The annual base salary of the City Attorney is hereby established, effective
September 1 , 2017, at $165,000.
Section 2. The annual base salary of the City Attorney shall also be adjusted July 1st
of each succeeding year, by the same percentage as for all other non-bargaining unit
employees.
Section 3. The City Attorney shall be entitled to all of the benefits provided to full time
non-bargaining unit employees.
Section 4. The City Attorney shall be entitled to a car allowance equal to 75% of the
car allowance provided to the City Manager.
Passed, approved and adopted this 21st day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
30. Improvement Contracts/ Performance, Payment and Maintenance Bonds: Midwest
Concrete, Inc. for 2017 Asphalt Overlay Ramp Project Three; Portzen Construction, Inc.
for N. Grandview Avenue/Loras Boulevard. Intersection Improvements Project. Upon mo-
tion the documents were received, filed and approved.
31 . Signed Contracts: CDB Utility Contractors Short Form Public Improvement Con-
tracts for Windsor Avenue and 22nd Street and the Windsor Avenue and Rhomberg Av-
enue Intersections Signalization Projects. Upon motion the documents were received and
filed.
32. Business License Refund: Request by Brian Konrady for a refund of the liquor
license LC0040660 for Fife's, Dubuque located at 1113 Main Street in the amount of
$422.50 due to business being sold. Upon motion the documents were received, filed and
approved.
17
33. Alcohol License Renewals: City Manager recommending approval of annual beer,
liquor and wine licenses as submitted. Upon motion the documents were received and
filed and Resolution No. 304-17 Approving applications for beer, liquor, and/or wine per-
mits, 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. 304-17
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 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 41
Kwik Stop Food Mart 2255 Kerper Blvd. Class C Beer, Class B Native
Wine (Sunday) 1
Mystique Community 1800 Admiral Sheehey Dr. Class C Liquor, Class B Native
Ice Center Wine (Outdoor) (Sunday) 1
Holy Spirit Church, 2981 Central Ave. Class C Beer, Class B Native
Dubuque Wine (Sunday) 1
Los Aztecas Mexican 2700 Dodge St. Class C Liquor (Sunday)
Restaurant.
National Mississippi 350 & 400 East 3rd St. Class C Liquor, Class B Native
River Museum & Wine (Catering) (Outdoor)
Aquarium (Sunday)
New
Steeple Square 105 East 15th St. Class C Liquor (Sunday) 1
Special Events
Camp Albrecht Acres AY McDonald Park Special Class C Liquor (Out-
9-16-17 Volunteer Dr. door)
Dubuque Jaycees 890 Iowa St. Class B Beer (Outdoor)
10-7-17
Passed, approved and adopted this 21st day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Del Toro. Motion carried 7-0.
1 . Fiscal Year 2018 First Budget Amendment: City Manager recommending that the
first Fiscal Year 2018 Budget Amendment be set for public hearing for September 5, 2017.
Upon motion the documents were received and filed and Resolution No. 305-17 Setting
the date for the public hearing on Amendment No. 1 to the Fiscal Year 2018 Budget for
the City of Dubuque was adopted setting a public hearing for a meeting to commence at
6:00 p.m. on September 5, 2017 in the Historic Federal Building.
RESOLUTION NO. 305-17
SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 1 TO THE
FISCAL YEAR 2018 BUDGET FOR THE CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time and
place for a public hearing on amendments to the budget and publish notice before the
hearing as provided in Iowa Code Section 362.3.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the City Council shall conduct a public hearing on proposed Amend-
ment No. 1 to the Fiscal Year 2018 budget for the City of Dubuque at the City Council
Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on Tues-
day, September 5, 2017, beginning at 6:00 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish
notice of the public hearing, according to law, together with the required budget infor-
mation.
Passed, approved and adopted this 21st day of August 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Marquette Hall, LLC Vacating Petition for Alley Between Regent and Queen Streets:
City Manager recommending that a public hearing be set for September 5, 2017 to con-
sider a request from Marquette Hall, LLC to vacate a 20-foot wide alley between Regent
Street and Queen Street to facilitate development of the former Sacred Heart School
property at 2222 Queen Street. Upon motion the documents were received and filed and
Resolution No. 306-17 Resolution of Intent to vacate the alley between Regent Street and
Queen Street in Sanford Subdivision, to be knows as Lot 34A of Sanford Subdivision, in
the City of Dubuque, Iowa was adopted setting a public hearing for a meeting to com-
mence at 6:00 p.m. on September 5, 2017 in the Historic Federal Building.
19
RESOLUTION NO. 306-17
RESOLUTION OF INTENT TO VACATE THE ALLEY BETWEEN REGENT STREET
AND QUEEN STREET IN SANFORD SUBDIVISION, TO BE KNOWN AS LOT 34-A OF
SANFORD SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA
Whereas, Marquette Hall, LLC has requested the vacating of the alley between Regent
Street and Queen Street in Sanford Subdivision; and
Whereas, Buesing & Associates, Inc. has prepared and submitted to the City Council
a plat showing the proposed vacated 20-foot wide alley between Regent Street and
Queen Street, and between Lots 11-19, inclusive, and Lots 31-34, inclusive, all in Sanford
Subdivision, in the City of Dubuque, Iowa and assigned a lot number thereto, which here-
inafter shall be known and described as Lot 34-A of Sanford Subdivision, in the City of
Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the City of Dubuque intends to vacate Lot 34-A of Sanford Subdivision
in the City of Dubuque, Iowa per a Purchase and Sale Agreement (and Amendments 1 ,
2, and 3) between the City of Dubuque, Iowa and Marquette Hall, LLC.
Section 2. That a public hearing on the intent to vacate Lot 34-A of Sanford Subdivision
in the City of Dubuque, Iowa is hereby set for the 5th day of September, 2017, at the
Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, beginning at 6:00 p.m., and
the City Clerk be and is hereby authorized and directed to cause a notice of public hearing
on the intent to vacate said real estate to be published in the manner as prescribed by
law.
Passed, approved and adopted this 21st day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their appointment to the
following Boards/Commissions.
1 . Airport Commission: Two, 4-year terms through September 14, 2021 (Expiring terms
of Brotherton and Even). Applicants: Doug Brotherton, 2823 Hickory Hill; Chris Even, 120
S. Grandview Ave.; Scott Leibfried, 3211 Honeysuckle Ln.; Yahaira Lugo, 1671 Avoca St.
Mr. Leibfried spoke in support of his appointment and provided a brief biography.
2. Electrical Code Board: One, 3-year term through May 21 , 2020 (Expired term of
Pfohl). Applicant: Kevin Pfohl, 1878 Hummingbird Dr. (Qualifies with Electrical Back-
ground)
Appointments were made to the following boards/commissions.
3. Arts and Cultural Affairs Advisory Commission: One, 3-year term through June 30,
2019 (Vacant term of Bratcher — Arts Rep). Applicants: Ali Levasseur, 1318 Jackson St.
(Qualifies as Art Rep); Amy Ressler, 1505 Fairview PI. (Qualifies as Art Rep). Additional
20
Applicant: Bibi Burke, 1155 Arrowhead Dr. — (Qualifies as Art Rep). Upon roll-call vote of
Levasseur = Connors, Buol, Jones, Resnick; Ressler: -0-; Burke = Lynch, Del Toro, Rios;
Ms. Levasseur was appointed to a 3-year term through June 30, 2019 in the Arts Repre-
sentative category.
4. Building Code and Advisory Appeals Board: One, 3-year term through August 1 ,
2020 (Expiring term of Swift). Applicant: Thomas Swift, 1875 Admiral St. (Qualifies for
Commercial Contractor). Motion by Lynch to appoint Mr. Swift to a 3-year term through
August 1 , 2020 in the Commercial Contractor category. Seconded by Connors. Motion
carried 7-0.
5. Historic Preservation Commission: One, 3-year term through July 1 , 2018 (Vacant
term of Terry). Applicant: Stefanie-Candace Jenaman, 250 West 6th St. (Qualifies for At-
Large). Motion by Jones to appoint Ms. Jenaman to the remainder of a 3-year term
through July 1 , 2018 in the at-large category. Seconded by Lynch. Motion carried 7-0.
6. Housing Board of Appeals: One, 3-year term through January 11 , 2018 (Vacant term
of Schaub). Applicant: Christoffer Lammer-Heindel, 1145 Mt. Pleasant St. Motion by
Lynch to appoint Mr. Lammer-Heindel to the remainder of a 3-year term through January
2018.
PUBLIC HEARINGS
1 . Bee Branch Healthy Homes, Community Development Block Grant-National Disas-
ter Recovery (CDBG-NDR) Housing Projects Bid Set#1 . This item was removed from the
agenda at the request of the City Manager.
2. State Revolving Fund (SRF) Loan Notes for Roosevelt Water Tower Planning and
Design Project: Proof of publication on notice of public hearing to consider approval of
suggested proceedings for the public hearing on the issuance of a not-to-exceed
$475,000 State Revolving Fund (SRF) Planning & Design Loan and the City Manager
recommending approval. Motion by Lynch to receive and file the documents and adopt
Resolution No. 307-17 Instituting Proceedings to take additional action for the authoriza-
tion for a Loan and Disbursement Agreement and the issuance of not-to-exceed $475,000
Water Revenue Capital Loan Notes. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 307-17
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR
THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE
ISSUANCE OF NOT TO EXCEED $475,000 WATER REVENUE CAPITAL LOAN
NOTES
Whereas, pursuant to notice published as required by law, this City Council has held a
public meeting and hearing upon the proposal to institute proceedings for the authoriza-
tion of a Loan and Disbursement Agreement by and between the City and the Iowa Fi-
nance Authority, and the issuance to the Iowa Finance Authority of not to exceed
21
$475,000 Water Revenue Capital Loan Notes to evidence the obligations of the City un-
der said Loan and Disbursement Agreement, for the purpose of paying costs of acquisi-
tion, construction, reconstruction, extending, remodeling, improving, repairing and equip-
ping all or part of the Municipal Water System, including for the Roosevelt Water Tower,
and has considered the extent of objections received from residents or property owners
as to said proposal, and accordingly the following action is now considered to be in the
best interests of the City and residents thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of Dubu-
que, IOWA:
Section 1 . That this City Council does hereby institute proceedings and takes additional
action for the authorization of a Loan and Disbursement Agreement by and between the
City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority in
the manner required by law of not to exceed $475,000 Water Revenue Capital Loan Notes
for the foregoing purpose.
Section 2. That the Clerk, with the assistance of bond counsel, is hereby authorized
and directed to proceed with the preparation of such documents and proceedings as shall
be necessary to authorize the City's participation in the DWSRF Loan Program, to select
a suitable date for final City Council authorization of the required Loan and Disbursement
Agreement and issuance of the Note to evidence the City's obligations thereunder, and
to take such other actions as the Clerk shall deem necessary to permit the completion of
a loan on a basis favorable to the City and acceptable to this Council.
Passed and approved this 21st day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Code of Ordinances Text Amendment - Title 16 Unified Development Code - Allow-
able signage for Adult Day Care Services and Licensed Child Care Facilities in Residen-
tial Districts: Proof of publication on notice of public hearing to consider a request from
the Cozy Corner Adult Day Care to amend Title 16 Unified Development Code Section 8
to establish allowable signage for Adult Day Care Services and licensed child care facili-
ties in Residential Districts and the Zoning Advisory Commission recommending ap-
proval. Motion by Lynch to receive and file the documents and that the requirement that
a proposed ordinance be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Plan-
ning Services Manager Laura Carstens provided a staff report. Applicant Mariko Wilbricht
spoke in support of the amendment. Ms. Carstens responded to questions from the City
Council concerning community outreach and neighborhood impact. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 38-17 Amending
Title 16 of the City of Dubuque Unified Development Code, by amending 16-8-5.10 to
permit freestanding signs for licensed adult day care services and licensed child care
centers. Seconded by Jones. Motion carried 6-0 with Rios abstaining for conflict of inter-
est with owning a day care facility.
22
OFFICIAL PUBLICATION
ORDINANCE NO. 38-17
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY AMENDING 16-8-5.10 TO PERMIT FREESTANDING
SIGNS FOR LICENSED ADULT DAY SERVICES AND LICENSED CHILD CARE CEN-
TE RS
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 Develop-
ment Code Article 16-8-5.10 is hereby amended as follows:
Licensed adult day services. A licensed adult day services facility may be allowed in
the R-1 , R-2, R-2A, R-3, R-4, OR, OS, OC, C-1 , C-2, C-2A, C-3, C-4, C-5, CS, CR, LI,
HI, MHI and RROD districts in accordance with the following conditions:
A. Such facility shall supply loading and unloading spaces so as not to obstruct
public streets or create traffic or safety hazards;
B. State certification has been granted or applied for and is awaiting the outcome of
the state's decision; and
C. Signage shall be limited to two (2) non-illuminated freestanding signs not to ex-
ceed 32 square feet in area and 10 feet in height.
Licensed childcare center. A licensed childcare center may be allowed in the R-1 , R-
2, R-2A, R-3, R-4, OR, OS, OC, C-1 , C-2, C-2A, C-3, C-4, C-5, CS, CR, LI, HI, MHI, and
RROD districts in accordance with the following conditions:
A. Such facility shall supply loading and unloading spaces so as not to obstruct
public streets or create traffic or safety hazards;
B. All licenses have been issued or have been applied for and are awaiting the out-
come of the state's decision; and
C. Signage shall be limited to two (2) non-illuminated freestanding signs not to ex-
ceed 32 square feet in area and 10 feet in height.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning Ad-
visory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as provided
by law.
Passed, approved and adopted this 21st day of August, 2017.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 25th day of August, 2017.
/s/Kevin S. Firnstahl, City Clerk
ACTION ITEMS
1 . Agreement with Timber Ridge Estates, LLC: City Manager recommending approval
of an agreement with Timber Ridge Estates, LLC for the development of residential hous-
ing within the Derby Grange Road Housing Urban Renewal Area. Motion by Lynch to
receive and file the documents and adopt Resolution No. 308-17 Approving an Agree-
23
ment between the City of Dubuque, Iowa and Timber Ridge Estates, LLC for the devel-
opment of property in the Derby Grange Road Housing Urban Renewal Area Economic
Development District. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 308-17
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND TIM-
BER RIDGE ESTATES, LLC FOR THE DEVELOPMENT OF PROPERTY IN THE
DERBY GRANGE ROAD HOUSING URBAN RENEWAL AREA ECONOMIC DEVEL-
OPMENT DISTRICT
Whereas, the City Council, following the public hearing, by Resolution No. 133-17, ap-
proved the Derby Grange Road Housing Urban Renewal Area; and
Whereas, Timber Ridge Estates, LLC is the owner of property in the Derby Grange
Road Housing Urban Renewal Area (the Property); and
Whereas, the City Council and Timber Ridge Estates, LLC desire to enter into the
Agreement attached hereto for the development of the Property; and
Whereas, it is the determination of the City Council that approval of the Agreement
according to the terms and conditions set out in the Agreement is in the public interest of
the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the Agreement by and between the City of Dubuque and Timber Ridge
Estates, LLC is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Agreement
on behalf of the City and City Clerk is authorized and directed to attest to his signature.
Section 3. That the City Manager is authorized to take such actions as are necessary
to comply with the terms of the Agreement as herein approved.
Passed, approved, and adopted this 21st day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Recommendation to Name the Housing & Community Development Department
Conference Room After Ann Michalski: This item was removed from the agenda at the
request of the City Manager and will come back to a future agenda.
3. 2017 Asphalt Overlay Access Ramp Project Four Award: City Manager recommend-
ing that the award for the 2017 Asphalt Overlay Access Ramp Project Four to Midwest
Concrete, Inc., be officially recorded in the minutes of the City Council. Motion by Jones
to receive and file and make a Matter of Record. Seconded by Resnick. Motion carried 7-
0.
4. Code of Ordinances Amendment - Title 11 Regulations on Nonfranchised Commu-
nications Systems in the Public Right-Of-Way: City Manager recommending approval of
a revision to the City of Dubuque Code of Ordinances Title 11 Rights-of-Way, Chapter 1
Nonfranchised Communications System. Motion by Lynch to receive and file the docu-
ments and that the requirement that a proposed ordinance be considered and voted on
24
for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Connors. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 39-17 Amending
City of Dubuque Code of Ordinances Title 11 Rights-of-Way, Chapter 1 Nonfranchised
Communications Systems. Seconded by Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 39-17
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 11 RIGHTS-OF-
WAY CHAPTER 1 NONFRANCHISED COMMUNICATIONS SYSTEMS
Section 1 . City of Dubuque Code of Ordinances Title 11 Rights-of-Way, Chapter 1
Nonfranchised Communications Systems is hereby amended to read as follows:
Chapter 1
NONFRANCHISED COMMUNICATIONS SYSTEMS IN THE PUBLIC RIGHT-OF-
WAY
11-1-1 : DEFINITIONS:
11-1-2: LICENSE REQUIRED:
11-1-3: APPLICATION FOR LICENSE:
11-1-4: GRANTING OF LICENSE:
11-1-5: AMENDMENT TO LICENSE:
11-1-6: REGULATIONS:
11-1-7: RELOCATION OR REMOVAL WHEN REQUIRED BY PUBLIC NEEDS:
11-1-8: MANAGEMENT FEES:
11-1-9: HOLD HARMLESS; INSURANCE; BOND:
11-1-10: FAILURE TO SECURE, RENEW OR COMPLY WITH LICENSE:
11-1-11 : TRANSFERS AND ASSIGNMENTS:
11-1-12: UNDERGROUNDING:
11-1-13: NOTICE:
11-1-14: CONSTRUCTION OF CHAPTER:
11-1-15: POLICE REGULATIONS:
11-1-1: DEFINITIONS:
Unless otherwise expressly stated or the context clearly indicates a different intention,
the following terms, for the purpose of this chapter, have the meanings in this section:
COMMUNICATIONS SYSTEM: A facility and any related equipment, used for furnish-
ing communications services to the public for compensation, not including a franchised
cable television system.
MANAGEMENT COSTS: The reasonable costs the city actually incurs in managing
public rights-of-way.
PUBLIC RIGHT-OF-WAY: the area on, below, or above a public roadway, highway,
street, bridge, cartway, bicycle lane, or public sidewalk in which the local government has
an interest, including other dedicated rights-of-way for travel purposes and utility ease-
ments. A public right-of-way does not include the airwaves above a public right-of-way
with regard to cellular or other nonwire telecommunications or broadcasts service or utility
poles owned by the city.
11-1-2: LICENSE REQUIRED:
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A. Requirement: No person may install, construct, reconstruct, repair or operate a
communications system upon, under, over or within any public right-of-way in the city
unless and until a written license is obtained pursuant to this chapter. All such licenses
are nonexclusive.
B. Exemption: A communications systems licensed by the city on the effective date
of this ordinance is not subject to the licensing requirement of this ordinance until such
time as the communications system's license expires but is subject to all of the provi-
sions of this ordinance.
11-1-3: APPLICATION FOR LICENSE:
The application for a license must be on a form provided by the city manager and must
include the following information:
A. The name, address, email address, and telephone number of the applicant.
B. The name, address, email address, and telephone number of a responsible per-
son whom the city may notify or contact at any time concerning the communications
system.
C. An engineering site plan showing the proposed location of the communications
system, including any manholes or overhead poles, the size, type and proposed depth
of any conduit or other enclosures, and the relationship of the communications system
to all existing streets, sidewalks, poles, utilities and other improvements within the pub-
lic right-of-way.
D. Any additional information which the city manager may reasonably require.
11-1-4: GRANTING OF LICENSE:
The city manager will review each application and will grant each license which the city
manager determines to be in compliance with the requirements of this chapter and any
other applicable legal requirements. In granting a license, the city manager may require
that the applicant change the proposed location of the communications system where
necessary to avoid interference with other cables, wires, conduits, pipes, sewers or other
facilities placed within the public right-of-way. The duration of the license is for a period
of ten (10) years from the date of the issuance of the license.
11-1-5: AMENDMENT TO LICENSE:
In the event that a licensee with a current license proposes to expand or relocate any
portion of its communications system within public rights-of-way, the licensee must file
with the city engineer a notice of intent to expand or relocate its communications system.
The notice must include relevant new information of the type required in connection with
the initial application for a license. If the city engineer determines that the expansion or
relocation is a material change in the communications system, the city engineer must
notify the licensee in writing within ten days after receipt of such notice from the licensee
that the notice will be considered and granted by the city manager in the same manner
as an original license application.
11-1-6: REGULATIONS:
A. Fee and Application: No license required under this chapter will be granted for
any communications system until the required fees have been paid, and until a com-
plete application has been filed with and approved by the city manager.
B. Installation of System Pursuant To License: The communications system must
be installed or constructed in accordance with the terms of the license granted by the
city manager.
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C. As Built Survey Specifying Location Of System: Once the system is in place, the
licensee must file with the city manager an as built survey specifying the actual location
of the system, including, but not limited to, any manholes, overhead poles, or other
equipment and the licensee must provide such signs or other economically feasible
means of locating the system as may be reasonably required by the city manager,
including, in the case of underground systems, a requirement that the licensee contract
with a one call locating service or similar locating service for inclusion of the system by
the service.
D. Permit to Work in the Public Right-of-Way: If it becomes necessary to dig into,
excavate in or in any manner break up any public right-of-way in connection with the
installation, construction, reconstruction, repair, operation, disconnection or removal of
the system, the licensee must first obtain a permit from the city to do so.
E. Technical Standards: All technical standards governing installation, construction,
reconstruction, repair, operation, disconnection and removal of a communications sys-
tem licensed hereunder must be in accordance with all applicable federal communica-
tions commission rules and other federal, state and city laws and regulations.
F. System Maintained in Good Condition and Repair: The licensee must maintain
all parts of the system in good condition, order and repair.
G. Responsibilities to Franchised Utilities or Systems: The licensee is responsible
for repairing or reimbursing other licensed or franchised utilities or communications
systems for any damage to their property caused by the negligence of the licensee, or
its agents, employees or contractors, in connection with the installation, construction,
reconstruction, repair, operation, disconnection or removal of the licensee's communi-
cations system.
H. Location Restriction, Public Use Space: No license required under this chapter
will be granted to authorize placement of a communications system in any space which
is required for public use.
I. Failure to Comply: Failure by the licensee to comply with any of the requirements
of the license or this chapter will constitute grounds for termination of the license by
the city.
11-1-7: RELOCATION OR REMOVAL WHEN REQUIRED BY PUBLIC NEEDS:
A. Public Improvements: The licensee must, upon thirty (30) days' written notice
from the city and at no cost to the city, protect, support, or temporarily or permanently
disconnect, relocate within the same or other public right-of-way, or remove any or all
of its communications system when required to do so by the city because of street or
other public excavation, construction, repair, grading or regrading; traffic conditions;
installation of sewers, drains, water pipes, or city owned power or signal lines; vacation
or relocation of public rights-of-way; installation or construction of any other type of
structure by the city or any other public agency; or any other type of improvement which
promotes the public health, safety or welfare.
B. Emergency Situation: If, at any time, in case of fire or disaster in the city, it be-
comes necessary in the reasonable judgment of the city manager to cut or secure any
of the wires, cables, amplifiers, appliances, or appurtenances thereto of the licensee,
such cutting or removing may be done and any repairs rendered necessary thereby
must be made by the licensee, at its sole expense.
27
C. Moving of Buildings: The licensee must, at the request of any person holding a
building moving permit, temporarily remove, raise, or lower its wires to permit the mov-
ing of said building, provided the licensee has been given not less than ten (10) working
days' notice of such move. The reasonable cost of such temporary removal, raising, or
lowering of wires must be paid by the person requesting the same, and the licensee
must have the authority to require such payment in advance.
11-1-8: FEE FOR MANAGEMENT COSTS:
A. Fees Established; Computation: It is a term and condition of any license issued
pursuant to this chapter that, as part of the consideration supporting the issuance of
such license and the city's permission thereby to occupy and use the public rights-of-
way of the city, the licensee must pay to the city an annual fee for management costs
as established by the city manager which is due and payable at the time of filing of the
initial license application.
B. Systems Exempt from Fee for Management Costs: The following communica-
tions systems are exempt from the fee for management costs requirements:
1 . Communications systems which pay to the city a franchise fee.
2. Cable television systems
3. Communications systems exempt from payment of the fee for management
costs by agreement with the city.
C. Fee Payments Subject to Audit: The acceptance of any fee payment by the city
may not be construed as an acknowledgment that the amount paid is the correct
amount due, nor may such acceptance of payment be construed as a release of any
claim which the city may have for additional sums due and payable. All fee payments
are subject to audit by the city manager and assessment or refund if the payment is
found to be in error. In the event that such audit results in an assessment by, and an
additional payment to, the city, such additional payment will be due and payable im-
mediately, together with interest at the rate established by the city manager calculated
from the due date for the fee in question.
D. Liability for Taxes: Nothing in this chapter may be construed to limit the liability
of the licensee for all applicable federal, state and local taxes.
11-1-9: HOLD HARMLESS; INSURANCE; BOND:
It is a term and condition of any license issued pursuant to this chapter that, as part of
the consideration supporting the issuance of such license and the city's permission
thereby to occupy and use the public rights-of-way of the city, the licensee assumes the
following obligations:
A. Hold Harmless Agreement: The licensee must indemnify, protect, save and hold
harmless and defend the city from and against any and all liability, losses and damages
to property, or bodily injury or death to any person, including payments made under
workers' compensation laws, arising out of or in any way connected with the installa-
tion, construction, reconstruction, repair, operation, disconnection or removal of the
licensee's licensed communications system. The licensee must pay all reasonable ex-
penses incurred by the city in defending itself with regard to any of the aforementioned
claims, including all out of pocket expenses such as attorney fees and the value of any
services rendered by the city legal department or any other officers or employees of
the city. If any litigation on account of any such claims is commenced against the city,
and upon receipt by the licensee and written notice of such litigation from the city, the
28
licensee must defend the same at its own cost and expense. The record of any judg-
ment rendered against the city on account of such claims is conclusive as against the
licensee and entitles the city to recover the full amount thereof with interest and costs
and attorney fees incurred by the city. The right of action therefor accrues to the city
as soon as judgment is rendered. The city must fully cooperate with the licensee's
defense of any such claim or action.
B. Liability Insurance: Immediately upon issuance of the required license, the licen-
see must purchase general liability insurance as is required by the city's standard In-
surance Schedule A, as such schedule may from time to time be amended. The licen-
see must maintain such insurance coverage for as long as the licensed communica-
tions system remains in place within public rights-of-way.
C. The licensee's contractors or subcontractors must provide insurance as required
by city's current insurance schedule for right-of-way licensees or permittees.
D. Bond:
1 . Immediately upon issuance of the required license, the licensee must file with
the city manager such bond as is required by the city manager in conformity with
such written standards relative to the amount of the bond and the qualifications of
the surety as may be promulgated, and as may be amended from time to time, by
the city manager with the approval of the city attorney.
2. The purpose for such bond is to protect the city from any and all damages and
costs suffered or incurred by the city from any failure by the licensee to restore all
public rights-of-way and other public property affected by the installation, construc-
tion, reconstruction, repair, operation or removal of the licensed communications
system to its proper condition in accordance with city standards. Such bond must
be maintained by the licensee for as long as the system remains in place within
public rights-of-way and thereafter until the licensee has satisfied in full any and all
obligations to the city which arise out of the licensed communications system.
11-1-10: FAILURE TO SECURE, RENEW OR COMPLY WITH LICENSE:
A. Failure to Obtain License or Comply with Requirements: Any person who fails to
secure the license required under this chapter or any licensee who fails to comply with
the requirements of the license or this chapter or with any other applicable legal re-
quirements must, upon notification of such violation by the city manager, immediately
act either to abate the violation or to cause the licensee's communications system ei-
ther to be removed or to be disconnected and rendered inoperative.
B. City Right to Remove or Disconnect: The city reserves the right either to remove
or to disconnect and render inoperative any communications system used or main-
tained contrary to the provisions of this chapter.
C. Removal of System from Public Property: Upon demand of the city, upon termi-
nation or revocation, the licensee must promptly, within ninety (90) days, remove its
system from public property. If the licensee fails to remove all its properties from public
property within the ninety (90) day removal period, the city manager may declare all
such property of the licensee abandoned, and all such property will become the prop-
erty of the city, and the licensee further agrees to execute and deliver an instrument in
writing transferring its ownership interest in any such property to the city. In lieu of
declaring the property abandoned, the city may cause the property to be removed, and
such costs of removal must be paid by the licensee.
29
11-1-11: TRANSFERS AND ASSIGNMENTS:
The licensee may not transfer or assign all or any portion of its interest in any license
granted pursuant to this chapter without the prior written consent of the city. For purposes
of this section, a merger or corporate reorganization will not be deemed a transfer or
assignment.
11-1-12: UNDERGROUNDING:
The licensee must place all its communications system underground when required by
the city manager.
11-1-13: NOTICE:
The city manager must promptly send by certified mail with return receipt a written
notice advising each licensee or prospective licensee of any of the following: 1) action by
the city manager in granting or denying an application for a license; or 2) action required
of the licensee by the city and/or notification of failure to secure or comply with a license
pursuant to this chapter.
11-1-14: CONSTRUCTION OF CHAPTER:
Nothing in this chapter may be construed as an acquiescence in, or ratification of, the
occupation of any of the public rights-of-way or public places of the city by any person
now occupying the same without legal right, nor may this chapter be construed as con-
ferring the right to occupy any of the public rights-of-way or public places of the city upon
any such person now illegally or without authority occupying the same
11-1-15: POLICE REGULATIONS:
The provisions of this chapter are subject to such reasonable regulations and ordi-
nances of a police nature as the city council may from time to time deem necessary to
adopt, not destructive of the rights which may accrue to any person under this chapter.
Section 2. All licenses granted pursuant to Title 11 Rights-of-Way, Chapter 1 Nonfran-
chised Communications Systems prior to the effective date of this Ordinance will thereaf-
ter be subject to this Ordinance.
Section 3. If any of the provisions of this Ordinance are for any reason declared to be
illegal or void, the lawful provisions of this Ordinance, which are severable from said un-
lawful provisions, shall be and remain in full force and effect, the same as if the Ordinance
contained no illegal or void provisions
Section 4. This Ordinance shall take effect upon publication.
Passed, approved and adopted this 21st day of August, 2017.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 25th day of August, 2017.
/s/Kevin S. Firnstahl, City Clerk
5. Code of Ordinances Amendment - Title 1 Mayor and City Council Salary Compen-
sation (Second Reading): City Clerk submitting an amendment to the City of Dubuque
Code of Ordinances Title 1 adjusting City Council Member salaries effective January 1 ,
2018 as recommended by the Compensation Task Force and approved by City Council
on July 17, 2017. Motion by Jones to consider the second reading of a proposed ordi-
nance amending City of Dubuque Code of Ordinances Title 1 Administration, Chapter 6
Mayor and City Council, Section 1-6-2 Compensation. Seconded by Connors. Motion car-
ried 6-1 with Del Toro voting nay.
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There being no further business, upon motion the City Council adjourned at 7:48 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
31