8 6 18 City Council Proceedings Official Regular and Special1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:30 p.m. on August 6, 2018 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios, Shaw;
City Manager Van Milligen, City Attorney Brumwell
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on Project HOPE.
WORK SESSION
Project Hope
Peter Supple, Heidi Zull and Laura Klavitter of the Community Foundation of Greater
Dubuque and retired County Attorney Chris Corken conducted a work session on the
recent activities of Project Hope. Topics included:
A. Mission Statement
B. Purposes
1. Expand Pathway & Accessibility to Education and Employment
2. Build Financial Inclusion
3. Support Provider Networks for Change
C. Project Hope Initiatives
D. Leveraged funding, research and technical assistance
E. Community Needs Assessment
F. Access to Quality Child Care
G. Mental Health grant, access to services and advocacy
H. Washington Neighborhood
1. Community Engagement, community garden, learning opportunities and
beautification
I. Network partners
There being no further business, upon motion the City Council Adjourned at 5:58 p.m.
/s/Kevin S. Firnstahl, City Clerk
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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 6, 2018 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios, Shaw;
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
PRESENTATION(S)
1. Geographic Information System (GIS) Special Achievement Award: City Manager
Van Milligen introduced GIS Coordinator/Analyst Nikki Rosemeyer who presented the
Mayor and Council with a Special Achievement Award in GIS (SAG) from Esri, the inter-
national leader in mapping and spatial data analytics technology.
PROCLAMATION(S)
1. 811 Safe Digging Day (August 11, 2018) was accepted by Jeff Stoudemire, of Black
Hills Energy.
2. Community Health Center Week (August 12-18, 2018) was accepted by Julie Wood-
yard, of Crescent Community Health Center.
3. Welcome Students Weeks (August 13-September 9, 2018) was accepted by Anna
Roling and Rick Dickinson of the Greater Dubuque Development Corporation.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Shaw. Motion carried 7 -0.
1. Minutes and Reports Submitted: City Council Proceedings of 7/23, 7/30; Housing
Commission of 7/11; Housing Commission Work Session of 7/10; Human Rights Com-
mission of 6/11; Investment Oversight Advisory Commission of 7/26; Library Board of
Trustees of 5/24; Zoning Board of Adjustment of 7/26; Proof of Publication fo r City Council
Proceedings of 7/2, 7/9; Proof of Publication 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: Teresa Davis for vehicle damage; Giese Sheet Metal
Co., Inc., for property damage; Justin Smith for property damage; True Fitness/Life for
property damage; Stanley Wasmund 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: Teresa Davis for vehicle damage; Rainbo Oil Company for property dam-
age; True Fitness/Life for property damage; Stanley Wasmund for vehicle damage. Upon
motion the documents were received, filed, and concurred.
4. Approval of City Expenditures: City Manager recommending Council approval for
payment of City expenditures. Upon motion the documents were received, filed and ap-
proved.
5. Plat of Survey for Proposed Vacating Petition for City of Dubuque Housing Depart-
ment Project at 396 West Locust Street (Cooley's Subdivision): City Manager recom-
mending approval of the Plat of Survey of Lot 15A of D.N. Cooley’s Subdivision related
to a Dubuque Housing Department project at 396 West Locust Street and just west of the
intersection of West 17th Street and West Locust Street in Cooley's Subdivision . Upon
motion the documents were received and filed, and Resolution No. 218-18 Approving Plat
of proposed vacate 10 foot wide alley adjacent to Lots 14 and 15 in D.N. Cooley's Subdi-
vision in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 218-18
APPROVING PLAT OF PROPOSED VACATED 10 FOOT WIDE ALLEY ADJACENT
TO LOTS 14 AND 15 IN D.N. COOLEY’S 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 July 25, 2018 prepared by the City of Dubuque Engineering Department,
showing the vacated 10-foot-wide alley adjacent to Lots 14 and 15 in D.N. Cooley’s Sub-
division, in the City of Dubuque, Iowa, to be known as Lot 15A of D.N. Cooley’s Subdivi-
sion, 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 July 25, 2018 prepared by the City of Dubuque Engi-
neering Department, relative to the real estate hereinabove described be and the same
is hereby 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 said
Lot 15A, as shown on the plat thereof, including the right of ingress and egress thereto,
for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, op-
erating, and maintaining public utilities and appurtenances.
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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 6th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Debt Reduction Plan Brochure: City Manager providing a copy of the City of Dubu-
que Debt Reduction Plan Public Information Brochure. Upon motion the document was
received and filed.
7. Quarterly Financial Reports June 30, 2018: City Manager transmitting the June 30,
2018 Quarterly Investment Report. Upon motion the documents were received and filed.
8. Fiscal Year 2017 Consolidated Annual Performance and E valuation Report (CA-
PER): City Manager recommending the approval of the Consolidated Annual Perfor-
mance and Evaluation Report (CAPER) for the period covering July 2, 2016 to June 30,
2017. Upon motion the documents were received and filed, and Resolution No. 219-18
Authorizing the submission of a Consolidated Annual Performance and Evaluation Report
(CAPER) for the period commencing July 1, 2016 and concluding June 30, 2017 was
adopted.
RESOLUTION NO. 219-18
AUTHORIZING THE SUBMISSION OF A CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER) FOR THE PERIOD COMMENCING JULY 1,
2016 AND CONCLUDING JUNE 30, 2017
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, 2016 and concluding June 30, 2017; 2) published notice of availability of the CAPER
in the Telegraph Herald and City of Dubuque website on July 1, 2018 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 C ommission on
July 18, 2018; 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, 2016 and concluding June 30, 2017 is hereby approved
for submission.
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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 complete and
submit the Consolidated Annual Performance and Evaluation Report (CAPER) along with
any public comment to the U.S. Department of Housing and Urban Development.
Passed, approved and adopted this 6th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Civil Service Commission - Certified Lists: Civil Service Commission submitting the
certified lists for the positions of Fire Equipment Operator, Records Cle rk, Landfill Equip-
ment Operator, and Laboratory Technician. Upon motion the documents were received,
filed and made a Matter of Record.
June 26, 2018
Honorable Mayor and Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Fire Equipment Operator was administered on April 19, 2018. We hereby certify that
the individuals listed below have passed this written examination and the vacancy for this
position should be filled from this list and that this list is good for two (2) years from above
date.
Fire Equipment Operator
1. Andrew Sprengelmeyer, 2. Ted Krapfl, 3. Brian Recker, 4. Elliot McAllister, 5. Jami
Boss, 6. Susanna Duggan, 7. Robert Jungblut, 8. Corey LuGrain, 9. Jacob Reiff
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
June 26, 2018
Honorable Mayor and Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Records Clerk was administered on May 30, 2018. We hereby certify that the individu-
als listed below have passed this written examination and the vacancy for this position
should be filled from this list and that this list is good for one (1) year from above date.
Records Clerk
1. Jenna Reichel, 2. Peggy Eppler, 3. Connie Glaser, 4. Julie Reisch, 5. Colleen Lawler,
6. Misty Lutz, 7. Denise Ronek, 8. Kristie Carr, 9. Paula Hardin, 10. Debra Jorgensen, 11.
Jessica Stepp, 12. Leslie Sweeney, 13. Erin Treanor, 14. Teresa Behnke, 15. Cheryl
Pregler, 16. Brandy Rakestraw, 17. Kathleen Thor, 18. Jennifer Welsh, 19. Lori Wullwe-
ber, 20. Sue Bahl, 21. Gina Hodgson, 22. Sheila Horner, 23. Mary Koos, 24. Dena Lang,
25. Barbara Liskey, 26. Debra Searles, 27. Julie Shade, 28. Lori Brillhart, 29 . Gregory
Fitzpatrick, 30. Tonya Howe, 31. Robin Kennicker, 32. Samantha Schueller, 33. Shirley
Snyder, 34. Michael Gomoll, 35. Tracy Nolan, 36. Alisha Siefker, 37. Aldora Huseman,
38. Susan Mariman, 39. Evan Meyer, 40. Michelle Runde, 41. Rebecca Scherbri ng
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Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
July 26, 2018
Honorable Mayor and Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Landfill Equipment Operator was administered on June 19, 2018. We hereby certify
that the individuals listed below have passed this written examination and the vacancy for
this position should be filled from this list and that this list is good for one (1) year from
above date.
Landfill Equipment Operator
1. Charles Settle, 2. Nicholas Connolly, 3. Brian Lochner, 4. Robert Giers, 5. Drew Noel,
6. Brad Pettigout, 7. David Ryder, 8. Jim Herbst, 9. Randall Howell, 10. Brian O’Dell, 11.
James Welty, 12. Douglas White, 13. Matt Herman, 14. John Kirk, 15. Steven Pfeiffer, 16.
Justin Licht, 17. Cody Oberbroeckling
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
July 26, 2018
Honorable Mayor and Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Laboratory Technician was administered on June 25, 2018. We hereby certify that the
individuals listed below have passed this written examination and the vacancy for this
position should be filled from this list and that this list is good for one (1) year from above
date.
Laboratory Technician
1. Ryan Cleary, 2. Michael Ivanor, 3. Andrew Bentz, 4. Mary Bowman, 5. Christian Brad-
ley, 6. Nicholas Connolly, 7. Manda Mattoon, 8. Calub Heileman
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
10. Community Development Block Grant (CDBG) Rental Housing Rehabilitation Pro-
gram: City Manager recommending that the Moderate-Income Rental Rehabilitation Pro-
gram Funded by CDBG be restored under new program guidelines. Upon motion the
documents were received, filed and approved.
11. Community Development Block Grant (CDBG) Environmental Review and Request
for Release of Funds for Fiscal Year 2019 (Program Year 2018): City Manager recom-
mending approval of the Environmental Review Determination and Request for Release
of Funds and Certifications for the Fiscal Year 2019 Community Development Block Grant
(CDBG). Upon motion the documents were received and filed, and Resolution No. 220-
18 Authorizing request for release of Community Development Block Grant Funds for
Fiscal Years 2019 (Program Year 2018) was adopted.
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RESOLUTION NO. 220-18
AUTHORIZING REQUEST FOR RELEASE OF COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS FOR FISCAL YEAR 2019 (PROGRAM YEAR 2018)
Whereas, the City of Dubuque will enter into a Community Development Block Grant
Agreement for the Fiscal Year commencing July 1, 2018, with the U.S. Department of
Housing and Urban Development, providing for financial assistance to the City under Title
I of the Housing and Community Development Act of 1974, as amended; and
Whereas, pursuant to the rules and regulations as promulgated by the U.S. Depart-
ment of Housing and Urban Development, an environmental review has been processed
for the hereinafter listed projects to be financed with Community Development Block
Grant funds; and
Whereas, a Notice of Intent to Request Release of Funds for said grants has been
published on July 27, 2018 to commence the required seven (7) day public comment
period; and
Whereas, any and all comments received as a result of such notice will be duly con-
sidered before proceeding with a Request for Release of Funds and Certification; and
Whereas, a Request for Release of Funds and Certification must be sent to the U.S.
Department of Housing and Urban Development at the conclusion of the comment period.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor of the City of Dubuque is hereby authorized and directed to
execute a Request for Release of Funds and Certification for the following identified Com-
munity Development Block Grant projects on or about August 6th, 2018 and submit to the
U.S. Department of Housing and Urban Development.
Community Development Block Grant Annual Plan Projects
Fiscal Year 2019 (Program Year 2018)
Housing Programs: First Time Home Buyer Program; Homeowner Rehabilitation
(Home Repair Loan Program; Residential Rehabilitation Loan Program; Historic
Preservation Rehab, Accessibility Rehab, Lead Waterline & Sewer Replacement);
Housing Code Enforcement; Housing Rehabilitation Services and Staff; Lead Haz-
ard Control; Rental Unit Rehabilitation (Emergency Code Enforcement Loan Pro-
gram; Rental Rehab Loan Program, Residential & Mixed-Use; Accessibility Rehab;
Single Room Occupancy Rehab, Lead Waterline & Sewer Replacement); Purchase
Rehab Resale;
Economic Development Programs: Commercial/Industrial Building Rehab Loans;
Economic Development Financial Assistance Program and Micro-Enterprise Assis-
tance Program.
Neighborhood and Community Development Programs: Accessible Curb Ramps;
Neighborhood Infrastructure Improvements (Neighborhood Street Overlays; Neigh-
borhood Sidewalk Program; Neighborhood Lighting Replacement); Neighborhood
Lighting Program; Neighborhood Connectivity (Broadband/Internet); Neighborhood
Recreation Program; Neighborhood Support Grants; Neighborhood Slum & Blight
Reduction; Purchase of Services; Senior Center; Washington Tool Library; Zoning
Inspection/ Enforcement; Four Mounds HEART Program.
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Planning and Administration: CDBG Administration Services and Staff; Neighbor-
hood Development Services and Staff; Housing Planning/Administrative Services
and Staff.
No funds will be committed prior to completion of a review for other related laws
of 24 CFR 58.5, including Section 106, if required, for site -specific projects that are
currently unidentified.
Section 2. That the Mayor of the City of Dubuque is hereby authorized to consent to
assume the status of a responsible federal official under the National Environmental Pro-
tection Act, insofar as the provisions of the said Act apply to the U.S. Department of
Housing and Urban Development responsibilities for review, decision making, and action
assumed and carried out by the City of Dubuque as to environmental issues.
Section 3 That the Mayor of the City of Dubuque is hereby authorized to consent per-
sonally, in his official capacity and on behalf of the City of Dubuque, to accept the juris-
diction of the federal courts if an action is brought to enforce responsibilities in relation to
environmental review, decision-making and action.
Passed, approved and adopted this 6th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. AmeriCorps Partners in Learning Receives Federal, State Funding : City Manager
transmitting information that AmeriCorps Partners in Learning has been approved to re-
ceive federal AmeriCorps funding from Volunteer Iowa and the Corporation for National
and Community Service (CNCS) to support Dubuque’s Campaign for Grade Level Read-
ing. Upon motion the documents were received and filed.
13. AmeriCorps Partners in Learning Dubuque Community School District Da ta: City
Manager transmitting data provided by the Dubuque Community School District in regard
to the AmeriCorps Partners in Learning services provided during the 2017 -2018 school
year. Upon motion the documents were received and filed.
14. AmeriCorps Partners in Learning Grant Agreement Approval 2018-19: City Man-
ager recommending approval of an agreement for AmeriCorps Partners in Learning Grant
Continuation for Program Year 2018-2019. Upon motion the documents were received,
filed and approved.
15. DARE Contract with Dubuque Community School District: City Manager recom-
mending approval of the Fiscal Year 2018 -2019 Drug Abuse Resistance Education
(DARE) Agreement between the City of Dubuque Police Department and the Dubuque
Community School District. Upon motion the documents were received, filed and ap-
proved.
16. 2017 Justice Assistance Grant (JAG) Acceptance : City Manager recommending
acceptance of the 2017 Justice Assistance Grant (JAG) award for safety items for tactical
and specialty teams, enforcement equipment and training aids. Upon motion the docu-
ments were received, filed and approved.
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17. 2018 Justice Assistance Grant (JAG) Application: City Manager recommending
approval to submit the 2018 Justice Assistance Grant (JAG) application for safety i tems
for tactical and specialty teams, enforcement equipment and training aids. Upon motion
the documents were received, filed and approved.
18. Federal Transit Administration (FTA) Bus and Bus Facilities Grant Application : City
Manager recommending approval of letters of support for both the City and the Iowa De-
partment of Transportation applications to the FTA 5339 Bus and Bus Facilities Program.
Upon motion the documents were received, filed and approved.
19. Better Utilizing Investments to Leverage Development (BUILD) Grant Application:
City Manager recommending approval of a U.S. Department of Transportation Better Uti-
lizing Investments to Leverage Development (BUILD) grant request to fund a multi-modal
project that will help improve access within the East/West Corridor to support growing
traffic demands, address transit, bicycle, and pedestrian needs and enhance sustainabil-
ity, investment and reinvestment. Upon motion the documents were received, filed and
approved.
20. Iowa Great Places Memorandum of Understanding: City Manager recommending
approval of a Memorandum of Understanding with the Iowa Department of Cultural Affairs
which designated Dubuque as an Iowa Great Place. Upon motion the documents were
received, filed and approved.
21. Traffic Safety Improvement Funding STREETS Program 2020 Application : City
Manager recommending authorization for the City of Dubuque to officially apply for an
Iowa Department of Transportation Traffic Safety Improvement Program grant to assist
with funding Phase I of Smart Traffic Routing with Efficient and Effective Traffic Signals
(STREETS) Improvements. Upon motion the documents were received and filed, and
Resolution No. 221-18 Approving the Iowa Department of Transportation Agreement for
Traffic Safety Improvement Program funding for the City of Dubuque Phase I of Smart
Traffic Routing with Efficient and Effective Traffic Signals (Streets) Project was adopted.
RESOLUTION NO. 221-18
APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR
TRAFFIC SAFETY IMPROVEMENT PROGRAM FUNDING FOR THE CITY OF DUBU-
QUE PHASE I OF SMART TRAFFIC ROUTING WITH EFFICIENT AND EFFECTIVE
TRAFFIC SIGNALS (STREETS) PROJECT
Whereas, the increasing growth of traffic volumes along Dubuque’s major street corri-
dors, along with operational and safety concerns through these corridors the City of Dubu-
que could be improve these conditions with the STREETS project; and
Whereas, the City of Dubuque has determined that improvements to these corridors
and associated traffic control equipment and infrastructure, as detailed in the STREETS
project, will improve traffic flow; and
Whereas, the total cost for these improvements for Phase I is $3.37 million. The Traffic
Safety Improvement Funding Program will fund $500,000 for this project.
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NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. That said Traffic Safety Improvement Program Funding in the City of Dubu-
que for the Phase I of STREETS project is hereby approved.
Section 2. That the Mayor be authorized and directed to execute two copies of said
Agreement for Traffic Safety Improvement Program Funding in the City of Dubuque for
Phase I of STREETS project.
Passed, approved and adopted this 6th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
22. Authorized Depository Institutions: City Manager recommending approval of a res-
olution adding Vibrant Credit Union as an authorized depository institution for the City of
Dubuque and deleting Frost Bank as the depositor for licensing fees collected by PetData,
Inc., now collected by DB&T. Upon motion the documents were received and filed, and
Resolution No. 222-18 Naming Depositories was adopted.
RESOLUTION NO. 222-18
RESOLUTION NAMING DEPOSITORIES
Whereas, Chapter 12C.2 of the 2201 Code of Iowa states that the approval of a finan-
cial institution as a depository shall be by written resolution or order which shall be entered
of record in the minutes of the approving board, and which shall distinctly name each
depository approved, and specify the maximum amount which may be kept on deposit in
each depository; and
Whereas, this procedure is required if a financial institution changes its name or home
office location, if the maximum amount is changed, or if a financial institution is added or
deleted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the following financial institutions are approved to be depositories of
the City of Dubuque, Iowa funds in conformance with all applicable provisions of the 2001
Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit City of
Dubuque, Iowa funds in amounts not to exceed the maximum approved for each respec-
tive financial institution as set out below.
Depository Name Location of Home Office Maximum Balance
American Trust & Savings Bank Dubuque, Iowa $60,000,000
Dubuque Bank & Trust Company Dubuque, Iowa $60,000,000
Collins Community Credit Union Cedar Rapids, Iowa $50,000,000
U.S. Bank Minneapolis, Minnesota $40,000,000
Dupaco Community Credit Union Dubuque, Iowa $20,000,000
DuTrac Community Credit Union Dubuque, Iowa $30,000,000
Vibrant Credit Union Moline, Iowa $30,000,000
Premier Bank Dubuque, Iowa $20,000,000
East Dubuque Savings Bank Dubuque, Iowa $20,000,000
Fidelity Bank & Trust Dyersville, Iowa $40,000,000
Hometown Bank Fond du Lac, Wisconsin $ 250,000
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Passed, approved and adopted this 6th day of August 2018
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
23. Housing Department Contract Approvals: City Manager recommending approval
of the payment of the contracts presented by the Rehabilitation Programs for 2407 Queen
Street, 2320 Mineral Street and 2841 Washington Street. Upon motion the documents
were received, filed and approved.
24. Citizen Petition - John F. Kennedy Road Sidewalks: Citizen petition of July 16,
2018 opposing the installation of sidewalks along a certain portion of John F. Kennedy
Road. Upon motion the documents were received and filed.
25. Cottingham & Butler Compensation Agreement: City Manager recommending ap-
proval of the Compensation Agreement from Cottingham & Butler for performing a market
check on the City’s pharmacy benefit management services completed in December
2017. Upon motion the documents were received, filed and approved.
26. SJCG Properties, LLC Storm Water Facilities Fee Agreement Assignment: City
Manager recommending approval of the assignment of interest in the Stormwater Facili-
ties Agreement between the City of Dubuque and SJCG Properties, LLC to Holdings
Monti, LLC for Lot 2 of Holliday 6th Addition. Upon motion the documents were received,
filed and approved.
27. Eagle Point Park Indian Room Roofing Project Award : City Manager recommend-
ing that the award for the Eagle Point Park Indian Room Roofing Project to Gronen Res-
toration be officially recorded in the minutes of the City Council. Upon motion the docu-
ments were received, filed and made a Matter of Record.
28. Request for Proposals for Implementation of Eagle Point Park Environmental Res-
toration Management Plan: City Manager recommending approval of the Request for Pro-
posals for the Implementation of the Eagle Point Park Environmental Restoration Man-
agement Plan. Upon motion the documents were received, filed and approved.
29. Proposed Amendment to Master Co-location and Shared Services Agreement Be-
tween the City of Dubuque and Unite Private Network: City Manager recommending ap-
proval of an amendment to an existing Master Agreement and Project Statement in place
between the City of Dubuque and Unite Private Network. Upon motion the documents
were received, filed and approved.
30. Kerper Boulevard Fiber Project Acceptance (Elm Street to 16 th Street): City Man-
ager recommending acceptance of the public improvement construction contract for the
Kerper Blvd. Fiber Project Elm Street to 16th Street Project as completed by Utility Service
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Contractors. Upon motion the documents were received and filed, and Resolution No.
223-18 Accepting the Kerper Blvd. Fiber Project Elm Street to 16th Street Project was
adopted.
RESOLUTION NO. 223-18
ACCEPTING THE KERPER BLVD. FIBER PROJECT ELM STREET TO 16TH STREET
PROJECT
Whereas, the Public Improvement contract for the Kerper Blvd. Fiber Project Elm
Street to 16th Street, (the Project) has been completed by the Contractor, Utility Service
Contractors, the Traffic Engineer has examined the work and recommends that the Pro-
ject be accepted; and
Whereas, the final contract amount for the Project is $68,598.27; and
Whereas, the Contractor has previously been paid $65,168.36, leaving a balance of
$3,429.91; and
Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved, and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance
of the retainage of $3,429.91 as provided in Iowa Code Chapter 573, and to pay such
retainage in accordance with the provisions of Iowa Code Chapter 573.
Passed, approved and adopted this 6th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
31. Acceptance of Grant of Easement for Sanitary Sewer Utility from Merrick Construc-
tion and Development Corporation: City Manager recommending acceptance of a Grant
of Easement for Sanitary Sewer Utility across Part of Lots 49 and 50 of O’Neill’s Addition
to North Dubuque in the City of Dubuque as part of a public sanitary sewer construction
project in the area of Inwood and Vinton Streets. Upon motion the documents were re-
ceived and filed, and Resolution No. 224-18 Accepting a Grant of Easement for Sanitary
Sewer Utility through, over and across part of Lots 49 and 50 of O’Neill’s Addition to North
Dubuque, in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 224-18
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY THROUGH,
OVER AND ACROSS PART OF LOTS 49 AND 50 OF O’NEILL’S ADDITION TO
NORTH DUBUQUE, IN THE CITY OF DUBUQUE, IOWA
Whereas, Merrick Construction and Development Corporation and the City of Dubuque
wish to set forth terms for the construction, maintenance, and replacement of proposed a
public sanitary sewer utility located in Part of Lots 49 and 50 of O’Neill’s Addition to North
Dubuque, in the City of Dubuque, Iowa; and
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Whereas, Merrick Construction and Development Corporation have executed an Ease-
ment for Sanitary Sewer Utility through, over and across Part of Lots 49 and 50 of O’Neill’s
Addition to North Dubuque, in the City of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby a pproves of, accepts
and consents to the Grant of Easement for Sanitary Sewer Utility through, over and across
Part of Lots 49 and 50 of O’Neill’s Addition to North Dubuque, in the City of Dubuque,
Iowa from Merrick Construction and Development Corporation, a copy of which is at-
tached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 6th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
32. Southwest Arterial Utility Relocation Agreement with ITC Midwest : City Manager
recommending approval of a Utility Relocation Reimbursement Agreement with ITC Mid-
west, LLC to raise and adjust an existing transmission line which is impacted by the
Southwest Arterial and the upcoming North Cascade Road-English Mill Road Interchange
Project. Upon motion the documents were received and filed, and Resolution No. 225-18
Approving a Utility Relocation Reimbursement Agreement with ITC Midwest, LLC. (ITC)
to raise and adjust an existing transmission line which is impacted by the Southwest Ar-
terial Project was adopted.
RESOLUTION NO. 225-18
APPROVING A UTILITY RELOCATION REIMBURSEMENT AGREEMENT WITH ITC
MIDWEST, LLC. (ITC) TO RAISE AND ADJUST AN EXISTING TRANSMISSION LINE
WHICH IS IMPACTED BY THE SOUTHWEST ARTERIAL PROJECT
Whereas, the City and the Iowa Department of Transportation (Iowa DOT) are pro-
ceeding with the 4-lane construction of the Southwest Arterial (hereafter Project) and the
completion of the North Cascade Road - English Mill Road Interchange Project; and
Whereas, prior to the City commencing work on the Project, the City needs to have an
existing 167-kV overhead transmission line raised and adjusted; and
Whereas, the existing 161-kV overhead transmission line is owned and operated by
ITC Midwest, LLC. (hereafter ITC) and located on its own easements upon land acquired
by the City for the Project; and
Whereas, the ITC utility relocation is eligible for Federal-aid Participation and shall be
completed in accordance with Utility Relocation Reimbursement Agreement (hereafter
Agreement); and
Whereas, ITC shall initially pay all associated costs to raise and adjust its facilities as
covered by the Agreement; and
Whereas, upon reasonable satisfactory completion the City will pay ITC for said eligible
reimbursement costs as covered by the Agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
14
Section 1. That said Utility Relocation Reimbursement Agreement between the City of
Dubuque and ITC Midwest, LLC. is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Utility Re-
location Reimbursement Agreement between the City of Dubuque and IT C Midwest, LLC.
Passed, approved and adopted this 6th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
33. Southwest Arterial Local Bridge Railing and Decorative Concrete Project Funding
Agreement with Iowa DOT: City Manager recommending approval of a Federal Aid Fund-
ing Agreement with the Iowa Department of Transportation for the Southwest Arterial and
the upcoming North Cascade Road, English Mill Road, and Military Road – Local Bridge
Railing and Decorative Concrete Post Coloring Project. Upon motion the documents were
received and filed, and Resolution No. 226-18 Approving the Federal Aid Funding Agree-
ment (Agreement No. 6-18-STBGU-004) between the City of Dubuque and Iowa Depart-
ment of Transportation for the Southwest Arterial - North Cascade Road, English Mill
Road, and Military Road - Local Bridge Railing and Decorative Concrete Post Coloring
Project was adopted.
RESOLUTION NO. 226-18
APPROVING THE FEDERAL AID FUNDING AGREEMENT (AGREEMENT NO. 6-18-
STBGU-004) BETWEEN THE CITY OF DUBUQUE AND IOWA DEPARTMENT OF
TRANSPORTATION FOR THE SOUTHWEST ARTERIAL - NORTH CASCADE ROAD,
ENGLISH MILL ROAD, AND MILITARY ROAD - LOCAL BRIDGE RAILING AND DEC-
ORATIVE CONCRETE POST COLORING PROJECT
Whereas, the City of Dubuque (City) and the Iowa Department of Transportation (Iowa
DOT) are proceeding with the 4-lane construction of the Southwest Arterial and the com-
pletion of the North Cascade Road, English Mill Road, and Military Road - Local Bridge
Railing and Decorative Concrete Post Coloring Project; and
Whereas, due to the significant visual impact that the Southwest Arterial / US 20 Inter-
change and the Southwest Arterial / US 151-61 Interchange will have to motorist as they
enter the City, the interchange bridges will have a “Gateway” appearance; and
Whereas, the architectural bridge enhancements developed were presented at several
public informational meetings and were well received by the public with strong support to
maintain some visual scale and material continuity along the Southwest Arterial corridor
bridges; and
Whereas, now that the North Cascade Road, English Mill Road, and Military Road
bridges are completed, the next phase of construction will be to install bridge railing, pe-
destrian railing, and post color the decorative concrete to replicate native Dubuque lime-
stone on those respective local bridges; and
Whereas, the City is responsible for the design and construction for North Cascade
Road, English Mill Road, and Military Road - Local Bridge Railing and Decorative Con-
crete Post Coloring Project and will be administered by the City as part of the Southwest
Arterial project; and
15
Whereas, per the Funding Agreement, the project will be funded through a DMATS
allocation of Federal Surface Transportation Block Grant Program (STP) funds u p to a
maximum of 80 percent of eligible; and
Whereas, the City and Dubuque County will be equally responsible for the 20 percent
local match.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOL-
LOWS:
Section 1. That said Federal Aid Funding Agre ement (Agreement No. 6-18-STBGU-
004) between the City of Dubuque and the Iowa Department of Transportation is hereby
approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Federal
Aid Funding Agreement (Agreement No. 6-18-STBGU-004) between the City of Dubuque
and the Iowa Department of Transportation for the Southwest Arterial and the upcoming
North Cascade Road, English Mill Road, and Military Road - Local Bridge Railing and
Decorative Concrete Post Coloring Project, Iowa DOT Project No. STP-U-2100 (693)--
70-31.
Passed, approved and adopted this 6th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
34. Iowa Department of Inspections and Appeals New Interagency Agreement : City
Manager recommending approval of the renewal agreement with the Iowa Department of
Inspections and Appeals and the City of Dubuque for performance of food and hotel li-
censing, inspections and enforcement with respect to retail food establishments. Upon
motion the documents were received, filed and approved.
35. Bee Branch Railroad Culverts Project - Purchase of Temporary Easement at 430
Garfield Avenue: City Manager recommending that the City Council establish the fair mar-
ket value of a temporary easements at 430 Garfield A venue, a property owned by Robert
F. Klauer, at the appraised value of $5,000, and authorize the City Manager to begin
negotiations to acquire the easement needed for the Bee Branch Railroad Culverts Pro-
ject (Phase 7 of the Bee Branch Watershed Flood Mitigation Project). Further authoriza-
tion is sought to acquire the easements through eminent domain proceedings should ne-
gotiations fail. Upon motion the documents were received and filed, and Resolution No.
227-18 Establishing the fair market value and authorizing the acquisition by Eminent Do-
main an Easement through certain real property owned by Robert F. Klauer in the City of
Dubuque, Iowa was adopted.
RESOLUTION NO. 227-18
ESTABLISHING THE FAIR MARKET VALUE AND AUTHORIZING THE ACQUISITION
BY EMINENT DOMAIN AN EASEMENT THROUGH CERTAIN REAL PROPERTY
OWNED BY ROBERT F. KLAUER IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque (City) intends to acquire a temporary easement through
certain real property owned by Robert F. Klauer (Owner), at 430 Garfield Avenue as
shown on Temporary Easement Exhibit A (the Easement) attached hereto for the purpose
16
of constructing, operating, and maintaining the Bee Branch Railroad Culverts, a storm-
water management project; and
Whereas, Iowa law requires that City must make a good faith effort to negotiate with
the Owner to purchase the Easement before proceeding with condemnation; and
Whereas, City has caused an appraisal of the Easement to be made and the appraised
value of the easement is $5,000.00; and
Whereas there is a reasonable expectation that the City will be able to achieve its
public purpose, comply with all applicable standards, and obtain the necessary permits;
and
Whereas, the City Council now desires to establish the fair market value of the Ease-
ment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
1. The fair market value of the Easement is hereby established to be $5,000.00.
2. The City Manager is hereby authorized to commence negotiations with the Owner
of the Easement and any other interested parties for the purchase of the Easement
for a purchase price which is not less than the fair market value established by this
resolution.
3. The City Manager is hereby authorized to commence proceedings for the acquisi-
tion of the Easement by eminent domain should negotiations fail.
Passed, approved and adopted this 6th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
36. Bee Branch Railroad Culverts Project - Purchase of Permanent and Temporary
Easements on E. 16th Street: City Manager recommending that the City Council establish
the fair market value of a permanent easement and temporary easements at E. 16 th
Street, owned by HWY 151 & 61 Development, LLC, at the appraised value for the per-
manent easement and $63,250 for the temporary easement, and authorize the City Man-
ager to begin negotiations to acquire the easements required for the Bee Branch Railroad
Culverts Project (Phase 7 of the Bee Branch Watershed Flood Mitigation Project). Further
authorization is sought to acquire the easements through eminent domain proceedings
should negotiations fail. Upon motion the documents were received and filed, and Reso-
lution No. 228-18 Establishing the fair market value and authorizing the ac quisition by
Eminent Domain of easements through certain real property owned by Hwy 151 & 61
Development, LLC. in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 228-18
ESTABLISHING THE FAIR MARKET VALUE AND AUTHORIZING THE ACQUISITION
BY EMINENT DOMAIN OF EASEMENTS THROUGH CERTAIN REAL PROPERTY
OWNED BY HWY 151 & 61 DEVELOPMENT, LLC. IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque (City) intends to acquire certain permanent and tempo-
rary easements (the Easements) through real property owne d by HWY 151 & 61 Devel-
opment, LLC, (Owner), at East 16th Street property legally described as Lot 2 Riverview
Plaza No. 3; and described in Permanent Easement Exhibit A and Permanent Easement
17
Exhibit B attached hereto for the purpose of constructing, operating, and maintaining the
Bee Branch Railroad Culverts, a stormwater management project; and
Whereas, Iowa law requires that City must make a good faith effort to negotiate with
the Owner to purchase the Easements before proceeding with condemnation; and
Whereas, City has caused an appraisal of the Easements to be made and the ap-
praised value of the Easements is $123,000.00; and
Whereas there is a reasonable expectation that the City will be able to achieve its
public purpose, comply with all applicable standards, and obtain the necessary permits;
and
Whereas, the City Council now desires to establish the fair market value of the prop-
erty.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The fair market value of the Easements is hereby established to be
$123,000.00.
Section 2. The City Manager is hereby authorized to commence negotiations with the
Owner of the Easements and any other interested parties for the purchase of the Property
for a purchase price which is not less than the fair market value established by this reso-
lution.
Section 3. The City Manager is hereby authorized to commence proceedings for the
acquisition of the Easements by eminent domain should negotiations fail.
Passed, approved and adopted this 6th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
37. Bee Branch Railroad Culverts Project - Purchase of Permanent and Temporary
Easements at 525 E. 19th Street: City Manager recommending that the City Council es-
tablish the fair market value of a permanent easement and temporary easement at 525
E. 19th Street, a property owned by B&M Properties & Storage, LLC, at the appraised
value of $43,050, and authorize the City Manager to begin negotiations to acquire the
easements required for the Bee Branch Railroad Culverts Project (Phase 7 of the Bee
Branch Watershed Flood Mitigation Project). Further authorization is sought to acquire
the easements through eminent domain proceedings should negotiations fail. Upon mo-
tion the documents were received and filed, and Resolution No. 229-18 Establishing the
fair market value and authorizing the acquisition by Eminent Domain of Easements
through certain real property owned by B&M Properties & Storage, LLC in the City of
Dubuque, Iowa was adopted.
RESOLUTION NO. 229-18
ESTABLISHING THE FAIR MARKET VALUE AND AUTHORIZING THE ACQUISITION
BY EMINENT DOMAIN OF EASEMENTS THROUGH CERTAIN REAL PROPERTY
OWNED BY B&M PROPERTIES & STORAGE, LLC IN THE CITY OF DUBUQUE,
IOWA
Whereas, the City of Dubuque (City) intends to acquire permanent and temporary
easements (the Property) through certain real property owned by B&M Properties & Stor-
age, LLC (Owner), at 525 E. 19th Street as shown on Permanent Easement Exhibit A,
18
Temporary Easement Exhibit B, and Temporary Easement Exhibit C attached hereto for
the purpose of constructing, operating, and maintaining the Bee Branch Railroad Cul-
verts, a stormwater management project; and
Whereas, Iowa law requires that City must make a good fa ith effort to negotiate with
the Owner to purchase the easements before proceeding with condemnation; and
Whereas, City has caused an appraisal of the easements to be made and the ap-
praised value of the easements is $35,000.00; and
Whereas there is a reasonable expectation that the City will be able to achieve its
public purpose, comply with all applicable standards, and obtain the necessary permits;
and
Whereas, the City Council now desires to establish the fair market value of the ease-
ments shown in Permanent Easement Exhibit A, Temporary Easement Exhibit B, and
Temporary Easement Exhibit C (the Easements).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The fair market value of the Easements is hereby established to be
$35,000.00.
Section 2. The City Manager is hereby authorized to commence negotiations with the
Owner of the Easements and any other interested parties for the purchase of the Ease-
ments for a purchase price which is not less than the fair market value established by this
resolution.
Section 3. The City Manager is hereby authorized to commence proceedings for the
acquisition of the Easements by eminent domain should negotiations fail.
Passed, approved and adopted this 6th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
38. Bee Branch East Blum Project - Asbestos Abatement and Lead Clean Up Project
Acceptance: City Manager recommending acceptance of the public improvement contract
for the Asbestos Abatement and Lead Cleanup Project at the East Blum site as completed
by Controlled Asbestos. Upon motion the documents were received and filed, and Reso-
lution No. 230-18 Accepting the Asbestos Abatement and Lead Cleanup Project was
adopted.
RESOLUTION NO. 230-18
ACCEPTING THE ASBESTOS ABATEMENT AND LEAD CLEANUP PROJECT BEE
BRANCH EAST BLUM SITE PROJECT
Whereas, the Public Improvement contract for the Asbestos Abatement and Lead
Cleanup Project, (the Project) has been completed by the Contractor, Controlled Asbes-
tos (Contractor), the City Project Manager has examined the work and recommends that
the Project be accepted; and
Whereas, the final contract amount for the Project is $31,990.00; and
Whereas, the Contractor has previously been paid $30,390.50, leaving a balance of
$1,599.50; and
Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
19
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved, and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance
of the retainage of $1,599.50 as provided in Iowa Code Chapter 573, and to pay such
retainage in accordance with the provisions of Iowa Code Chapter 573.
Passed, approved and adopted this 6th day of August 2018
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF ASBESTOS ABATE-
MENT AND LEAD CLEANUP PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Asbestos Abatement and Lead Cleanup Project, and that said Project
has been performed in compliance with the terms of the Public Improvement Contract,
and that the total cost of the completed work is $31,990.00.
Dated this 27th day of July 2018.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 2nd day of August 2018.
/s/Kevin S. Firnstahl, City Clerk
39. Bee Branch Railroad Culverts Project - Purchase of Permanent and Temporary
Easements at 506 Garfield Avenue: City Manager recommending that City Council es-
tablish the fair market value of permanent easements and temporary easements at 506
Garfield Avenue, a property owned by Canadian Pacific Railway, at the appraised value
and authorize the City Manager to begin negotiations to acquire the easements required
for the Bee Branch Railroad Culverts Project (Phase 7 of the Bee Branch Watershed
Flood Mitigation Project). Further authorization is sought to acquire the easements
through eminent domain proceedings should negotiations fail. Upon motion the docu-
ments were received and filed, and Resolution No. 321-18 Establishing the fair market
value and authorizing the acquisition by Eminent Domain of easements through certain
real property owned by Canadian Pacific Railway in the City of Dubuque, Iowa was
adopted.
RESOLUTION NO. 231-18
ESTABLISHING THE FAIR MARKET VALUE AND AUTHORIZING THE ACQUISITION
BY EMINENT DOMAIN OF EASEMENTS THROUGH CERTAIN REAL PROPERTY
OWNED BY CANADIAN PACIFIC RAILWAY IN THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque (City) intends to acquire permanent and temporary
easements (the Property) through certain real property owned by Canadian Pacific Rail-
way (Owner), at 506 Garfield Avenue as shown on Permanent Easement Exhibit A, Tem-
porary Easement Exhibit B, and Temporary Easement Exhibits C and D attached hereto
for the purpose of constructing, operating, and maintaining the Bee Branch Railroad Cul-
verts, a stormwater management project; and
20
Whereas, Iowa law requires that City must make a good faith effort to negotiate with
the Owner to purchase the easements before proceeding with condemnation; and
Whereas, City has caused an appraisal of the easements to be made and the ap-
praised value of the easements is $81,000.00; and
Whereas there is a reasonable expectation that the City will be able to achieve its
public purpose, comply with all applicable standards, and obtain the necessary permits;
and
Whereas, the City Council now desires to establish the fair market value of the ease-
ments shown in Permanent Easement Exhibit A, Temporary Easement Exhibit B, and
Temporary Easements Exhibits C, D, & E (the Easements).
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The fair market value of the Easements is hereby established to be
$81,000.00.
Section 2. The City Manager is hereby authorized to commence negotiations with the
Owner of the Easements and any other interested parties for the pur chase of the Ease-
ments for a purchase price which is not less than the fair market value established by this
resolution.
Section 3. The City Manager is hereby authorized to commence proceedings for the
acquisition of the Easements by eminent domain should negotiations fail.
Passed, approved and adopted this 6th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
40. Dubuque Jaycees 2019 Fireworks Request: Correspondence from Thomas Pars-
ley, General Manager for Radio Dubuque, in pa rtnership with the Dubuque Jaycees, re-
questing approval to conduct a fireworks display on Wednesday, July 3, 2019 from 9:00
p.m. to 10:30 p.m. on Volunteer Road between Hawthorne Street and Lime Street in con-
junction with the closure of indicated streets and A.Y. McDonald Park as part of a special
events request. The rain date is July 4, 2018. Upon motion the documents were received,
filed and approved.
41. Mediacom Communications Company: Correspondence from Lee Grassley, Sen-
ior Manager of Government Relations for Mediacom Communications Company, inform-
ing the City of rate adjustments being implemented on or about September 1, 2018. Upon
motion the documents were received and filed.
42. Improvement Contracts / Performance, Payment and Maintenance Bonds : Drew
Cook and Sons Excavating, Co., Inc. for the Flora Park Maintenance Building Exterior
Waterproofing Project; Gansen Excavating, Inc. for Creek Wood Park; Gronen Restora-
tion for the Eagle Point Park Indian Room Roof Replacement Project. Upon motion the
documents were received, filed and approved.
43. Alcohol License Applications: City Manager recommending approval of annual
beer, liquor and wine licenses as submitted. Upon motion the documents were received
and filed, and Resolution No. 232-18 Approving applications for beer, liquor, and/or wine
21
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License
Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and
Permits was adopted.
RESOLUTION NO. 232-18
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
Bell Tower Productions 2728 Asbury Rd. Special Class C Liquor (Sunday)
Casey's General Store
#2420
2699 Rockdale Rd. Class E Liquor, Class B Native
Wine, Class C Beer (Sunday)
Casey's General Store
#2421
4003 Peru Rd. Class E Liquor, Class B Native
Wine, Class C Beer (Sunday)
Corner Grill 1689 Elm St. Special Class C Liquor (Outdoor)
Courtside Sports Bar
and Grill
2095 Holliday Dr. Class C Liquor (Outdoor) (Sun-
day)
License Upgrade
Pete's Thai Kitchen 609 E. 22nd St. Class C Liquor (Sunday)
Special Event(s) per Special Event Application Submittal
Dubuque Jaycees –
Millwork night Market
7th and Jackson St. to
9th and Jackson St. and
a portion of 8th St.
Special Class C Liquor (Outdoor)
Passed, approved, and adopted this 6th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Del Toro 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 Larson. Motion carried 7-0.
22
1. Petition to Vacate Alley in D.N. Cooley's Subdivision for Housing Department Project
at 396 West Locust Street: City Manager requesting that the City Council set a public
hearing for August 20, 2018 to consider vacating a 10 -foot-wide alley adjacent to the
property at 396 West Locust Street and just west of the intersection of West 17 th Street
and West Locust Street to facilitate a Housing Department project. Upon motion the doc-
uments were received and filed, and Resolution No. 233-18 Resolution of Intent to vacate
the 10-foot-wide alley adjacent to Lots 14 And 15 in D.N. Cooley’s Subdivision, in the City
of Dubuque, Iowa, to be known as Lot 15A of D.N. Cooley’s Subdivision, in the City of
Dubuque, Iowa was adopted setting a public hearing for a meeting to commence at 6 :00
p.m. on August 20, 2018 in the Historic Federal Building.
RESOLUTION NO. 233-18
INTENT TO VACATE THE 10 FOOT WIDE ALLEY ADJACENT TO LOTS 14 AND 15
IN D.N. COOLEY’S SUBDIVISION, IN THE CITY OF DUBUQUE, IOWA, TO BE
KNOWN AS LOT 15A OF D.N. COOLEY’S SUBDIVISION, IN THE CITY OF DUBUQUE,
IOWA
Whereas, the City of Dubuque Housing Department has requested the vacating of the
10-foot-wide alley adjacent to Lots 14 and 15 in D.N. Cooley’s Subdivision, in the City of
Dubuque, Iowa; and
Whereas, the City of Dubuque Engineering Department has prepared and submitted
to the City Council a plat showing the proposed vacated 10 -foot-wide alley adjacent to
Lots 14 and 15 in D.N. Cooley’s Subdivision, in the City of Dubuque, Iowa and assigned
a lot number thereto, which hereinafter shall be known and described as Lot 15A of D.N.
Cooley’s 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 15A of D.N. Cooley’s Sub-
division in the City of Dubuque, Iowa.
Section 2. That a public hearing on the intent to vacate Lot 15A of Sanford Subdivision
in the City of Dubuque, Iowa is hereby set for the 20 th day of August, at the Historic Fed-
eral 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 6th day of August, 2018
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Twin Ridge Lift Station Abandonment Project Initiate: City Manager recommending
initiation of the public bidding procedure for the Twin Ridge Lift S tation Abandonment
Project, and further recommends that a public hearing be set for August 20, 2018. Upon
motion the documents were received and filed, and Resolution No. 234-18 Preliminary
approval of plans, specifications, form of contract, and estimated cost; setting date of
public hearing on plans, specifications, form of contract, and estimated cost; and ordering
the advertisement for bids was adopted setting a public hearing for a meeting to com-
mence at 6:00 p.m. on August 20, 2018 in the Historic Fed eral Building.
23
RESOLUTION NO. 234-18
TWIN RIDGE LIFT STATION ABANDONMENT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Twin
Ridge Lift Station Abandonment project, in the estim ated amount of $141,953.24 are
hereby preliminarily approved and ordered filed in the office of the City Clerk for public
inspection.
A public hearing will be held on the 20th day of August, 2018, at 6:00 p.m. in the Historic
Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at
which time interested persons may appear and be heard for or against the proposed plans
and specifications, form of contract and estimated cost of said Project, and the City Clerk
be and is hereby directed to cause the attached notice of the time and place of such
hearing to be published in a newspaper having general circulation in the City of Dubuque,
Iowa, which notice shall be published not less than four days nor more than twenty days
prior to the date of such hearing. At the hearing, any interested person may appear and
file objections to the proposed plans, specifications, form of contract, or estimated cost of
the Project.
Twin Ridge Lift Station Abandonment project, is hereby ordered to be advertised for
bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the con struction of the im-
provements herein provided, by publishing the attached Notice to Bidders to be published
in the Master Builders of Iowa Plan Room, The Construction Update Network and posted
on the City of Dubuque website at www.cityofdubuque.org/bids and which notice shall be
published not less than thirteen but not more than forty-five days before the date for filing
bids before 2:00 p.m. on the 23rd day of August, 2018. Bids shall be opened and read by
the City Clerk at said time and will be submitted to the City Council for final action at 6:00
p.m. on the 4th day of September 2018, in the Historic Federal Building Council Chambers
(second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 6th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Millwork District Parking Lot #2 - Elm Street Parking Lot Project Initiate: City Man-
ager recommending initiation of the public bidding procedure for the Millwork District Park-
ing Lot #2 Project, and further recommends that a public hearing be set for August 20,
2018. Upon motion the documents were received and filed, and Resolution No. 235-18
Preliminary approval of plans, specifications, form of contract, and estimated cost; setting
24
date of public hearing on plans, specifications, form of contract, and estimated cost; and
ordering the advertisement for bids was adopted setting a public hearing for a meeting to
commence at 6:00 p.m. on August 20, 2018 in the Historic Federal Building.
RESOLUTION NO. 235-18
MILLWORK DISTRICT PARKING LOT #2
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Millwork
District Parking Lot #2 project, in the estimated amount of $586,827.18 are hereby pre-
liminarily approved and ordered filed in the office of the City Clerk for public inspection.
A public hearing will be held on the 20th day of August, 2018, at 6:00 p.m. in the Historic
Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at
which time interested persons may appear and be heard for or against the proposed plans
and specifications, form of contract and estimated cost of said Project, and the City Clerk
be and is hereby directed to cause the attached notice of the time and place of such
hearing to be published in a newspaper having general circulation in the City of Dubuque,
Iowa, which notice shall be published not less than four days nor more than twenty days
prior to the date of such hearing. At the hearing, any interested person may appear and
file objections to the proposed plans, specifications, form of contract, or estimated cost of
the Project.
Millwork District Parking Lot #2 project, is hereby ordered to be advertised for bids for
construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the attached Notice to Bidders to be published
in the Master Builders of Iowa Plan Room, The Construction Update Network and posted
on the City of Dubuque website at www.cityofdubuque.org/bids and which notice shall be
published not less than thirteen but not more than forty-five days before the date for filing
bids before 2:00 p.m. on the 23rd day of August, 2018. Bids shall be opened and read by
the City Clerk at said time and will be submitted to the City Council for final action at 6:00
p.m. on the 4th day of September 2018, in the Historic Federal Building Council Chambers
(second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 6th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions. Applicant appointments will be made at the next City
Council meeting.
1. Transit Advisory Board: One, 3-year term through July 30, 2021 (Expiring term of
Esser). Applicants: Robert Daughters, 1631 Jackson St.; Matthew Esser, 90 Main St. Mr.
Daughters spoke in support of his appointment and provided a brief biograph y.
Appointments were made to the following boards/commissions.
2. Building Code and Advisory Appeals Board: One, 3-year term through August 1,
2021 (Expiring term of Wilberding). Applicant: Katrina Wilberding, 3715 Asbury Rd. Mo-
tion by Jones to appoint Ms. Wilberding to the 3-year term. Seconded by Resnick. Motion
carried 7-0.
3. Historic Preservation Commission: One, 3-year term through July 1, 2019 (Vacant
West 11th District term of Nieto). Two, 3-year terms through July 1, 2021 (Vacant At -
Large terms of Happ and Morrison). Applicants: Melissa Cassill, 1148 Langworthy St.;
Qualifies as At-Large Rep.) – Additional Applicant; Brandi Clark, 2233 Saint Celia St.
(Qualifies as At-Large Rep.) – Additional Applicant; Charles Richard (Rick) Stuter, 1296
Prairie St. (Qualifies as 11th District Rep.). Motion by Jones to appoint Mr. Stuter to the
remainder of the 3-year term as the 11th Street Historic District representative. Seconded
by Shaw. Motion carried 7-0.
Motion by Jones to appoint Ms. Cassill and Ms. Clark to the remainder of the 3 -year,
at-large terms. Seconded by Shaw. Motion carried 7 -0.
4. Housing Commission: Four, 3-year terms through August 17, 2021. (Vacant At-
Large term of McDonell; Expiring At-Large terms of Hoeper and Weitz; and Expiring Sec-
tion 8 Recipient term of Shumaker). Applicants: Brad Cavanagh, 565 Fenelon Pl.; Shane
Hoeper, 2520 N. Grandview Ave. – Additional Applicant; Coralita Shumaker, 2109 Wash-
ington St. (Qualifies as Section 8 Recipient); Gail Weitz, 1630 Lori Crt.
Motion by Jones to appoint Mr. Cavanagh, Mr. Hoeper and Ms. Weitz to the at -large
terms and Ms. Shumaker to the Section 8 Representative position. Seconded by Shaw.
Motion carried 7-0.
5. Housing Trust Fund Advisory Committee: One, 3-year term through August 17, 2021
(Expiring term of Holz). Applicant: Jim Holz, 3010 Indiana Crt. Motion by Larson to appoint
Mr. Holz to the 3-year term. Seconded by Resnick. Motion carried 7-0.
PUBLIC HEARINGS
1. Easy Steve, LLC dba Dimensional Brewery Company Development Agreement:
Proof of publication on notice of public hearing to consider appro val of a Development
26
Agreement with Easy Steve, LLC d/b/a Dimensional Brewing Company for redevelop-
ment of 67 Main Street, including the proposed issuance of Urban Renewal Tax Incre-
ment Revenue Obligations, and the City Manager recommending approval. Motion by Del
Toro to receive and file the documents and adopt Resolution No. 236-18 Approving a
Development Agreement by and between the City of Dubu que, Iowa and Easy Steve,
LLC DBA Dimensional Brewing Company providing for the issuance of Urban Renewal
Tax Increment Revenue Obligations for the redevelopment of 67 Main Street . Seconded
by Jones. Motion carried 7-0.
RESOLUTION NO. 236-18
APPROVING A DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF
DUBUQUE, IOWA AND EASY STEVE, LLC D/B/A DIMENSIONAL BREWING COM-
PANY PROVIDING FOR THE ISSUANCE OF URBAN RENEWAL TAX INCREMENT
REVENUE OBLIGATIONS FOR THE REDEVELOPMENT OF 67 MAIN STREET
Whereas, the City Council, by Resolution No. 216-18, dated July 16, 2018, declared
its intent to enter into a Development Agreement with Easy Steve, LLC dba Dimensional
Brewing Company; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on August 6, 2018 at 6:00 p.m. in the City Council Chambers at the Historic
Federal building, 350 W. 6th Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that approval of the Development
Agreement, for redevelopment of the Property by Easy Steve, LL C dba Dimensional
Brewing Company according to the terms and conditions set out in the Development
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 Development Agreement by and between the City of Dubuque and
Easy Steve, LLC dba Dimensional Brewing Company, providing for the issuance of Urban
Renewal Tax Increment Revenue Obligations, a copy of which is attached hereto, is
hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Develop-
ment Agreement on behalf of the City of Dubuque and the 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 Development Agreement as herein approved.
Passed, approved and adopted this 6th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Asbestos Abatement Project for Former Bowling & Beyond Site: Proof of publication
on notice of public hearing to consider approval of the plans, specifications, form of con-
tract and estimated cost for the Bowling & Beyond Site – Asbestos Abatement Project
and the City Manager recommending approval. Motion by Del Toro to receive and file the
documents and adopt Resolution No. 237-18 Approval of plans, specifications, form of
contract, and estimated cost for the Bowling & Beyond Site - Asbestos Abatement Project.
Seconded by Shaw. Motion carried 7-0.
27
RESOLUTION NO. 237-18
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE BOWLING & BEYOND SITE – ASBESTOS ABATEMENT
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
Bowling & Beyond Site – Asbestos Abatement Project in the estimated amount $140,000
are hereby approved.
Passed, adopted and approved this 6th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Tim and Peg Harbaugh, 1114 Cox Springs Road, Peosta, spoke in favor of the Code
amendment for maintaining livestock and approving the controlled grazing program up-
coming on the Action Agenda.
Larry Parazine, 2567 Washington Street urged the Council to consider supporting
broadband internet access and described how his personal struggles worsened by the
lack of accessible Internet to aid in finding employment.
Tom Hoelscher, 780 Angella Street, spoke in support of the amendments to the noise
ordinance upcoming on the Action agenda.
ACTION ITEMS
1. Five Flags Civic Center Annual Report: City Manager transmitting the FY2018 An-
nual Report for Five Flag Civic Center. Five Flags Center General Manager HR Cook,
made a presentation to the City Council on the finances, events being scheduled and the
activities of Five Flags in the past year and what is coming up. Topics included: Event
Analysis/ new events, Year-End statistics, Map of Ticket Buyers, Website statistics, Turn-
key Survey of Services and Venue, Media Relations; recognitions, Year -end financials,
subsidy analysis, venue partners and sponsorships, food and beverage changes, upcom-
ing anchor tenant performances, upcoming shows. Motion by Jones to receive and fil e
the documents. Seconded by Del Toro. Motion carried 7 -0.
2. Resource Enhancement and Protection (REAP) Plan Update, Grant Application and
Appointment of City Representative: City Manager recommending approval of the City of
Dubuque’s FY 2019 update to the Dubuque County Resource Enhancement and Protec-
tion (REAP) Plan, a FY 2019 REAP grant application, and confirmation of the City’s rep-
resentative to the REAP Committee. Restated Motion by Jones to receive and file the
documents, re-appoint Council Member Kate Larson as the representative and adopt
Resolution No. 238-18 Authorizing REAP grant application to Iowa Department of Natural
Resources for Four Mounds Park Ecological Restoration and Site Accessibility Project .
Seconded by Del Toro. Motion carried 7-0.
RESOLUTION NO. 238-18
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AUTHORIZING REAP GRANT APPLICATION TO IOWA DEPARTMENT OF NATURAL
RESOURCES FOR FOUR MOUNDS PARK ECOLOGICAL RESTORATION AND SITE
ACCESSIBILITY PROJECT
Whereas, the Iowa Department of Natural Resources has allocated grant funds from
REAP (Resource Enhancement and Protection) for projects that help establish natural
areas, encourage outdoor recreation, and enhance and protect Iowa’s natural and cultural
resources; and
Whereas, the City of Dubuque has adopted the 2017 Comprehensive Plan that in-
cludes goals for environmental quality, park improvements, and stormwater manage-
ment.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authorized to sign and submit the FY 2019 REAP Gran t
application to the Iowa Department of Natural Resources for Four Mounds Park Ecologi-
cal Restoration and Site Accessibility Project in the amount of $200,000.
Section 2. That the City Council hereby provides its written assurance that up to
$20,000 of in-kind support with be provided and that the completed project will be ade-
quately maintained for its intended use in accordance with state requirements.
Passed, approved and adopted this 6th day of August 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Code of Ordinances Amendment - Title 6 Prohibited and Exempt Noises: City Man-
ager recommending approval of an update to the prohibited noises and exempt noises
ordinances to update some terminology in the prohibited noises ordinance and add pro-
visions and sections that further clarifying the use, prohibitions and exemptions of outdoor
music or amplified noise.
Motion by Jones to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be passed be suspended. Seconded by Resnick.
Motion failed 5-2 with Shaw and Larson voting nay.
Motion by Jones t receive and file the documents and amend the ordinances to include
correction to Section 6-5-3 G.1 and G.2 to reflect Sunday through Thursday and changing
the starting time to 7:00 a.m. Discussion was given to the Police Department using dis-
cretion when enforcing sporting events that go into overtime and coordinating with the
school district. Motion carried 6-1 with Shaw voting nay.
Motion by Jones to consider the first reading of the proposed amended ordinances
amending City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and
Environment, Chapter 5 Noises, Section 6-5-1 Prohibited Noises; and amending City of
Dubuque Code of Ordinances Title 6, Health, Housing, Sanitation and Environment,
Chapter 65 Noises, Section 6-5-3 Exempt Noises. Seconded by Resnick. Motion carried
5-2 with Shaw and Larson voting nay.
4. Code of Ordinances Amendment - Title 7 Maintaining Livestock / Controlled Grazing
Program: City Manager recommending approval of an ordinance change and program
requirements to establish a Controlled Livestock Grazing Program. Motion by Jones to
29
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 Shaw. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 27-18 Amending
City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 6
Animal Control, Article A Miscellaneous Provisions, Section 7-6A-2 Restrictions on Main-
taining Livestock. Seconded by Shaw. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 27-18
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE
AND PUBLIC SAFETY, CHAPTER 6 ANIMAL CONTROL, ARTICLE A MISCELLANE-
OUS PROVISIONS, SECTION 7-6A-2 RESTRICTIONS ON MAINTAINING LIVESTOCK
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 7-6A-2 of the City of Dubuque Code of Ordinances is amended to
read as follows:
7-6A-2: RESTRICTIONS ON MAINTAINING LIVESTOCK:
A. Maintenance Of Pens, Yards And Enclosures: No person shall keep or maintain
within the corporate limits of the city any pens, buildings, yards, sheds or enclosures
wherein any cattle, sheep, swine or other livestock are collected, kept or fed for commer-
cial purposes unless such pens, buildings, yards, sheds or enclosures are erected, con-
structed and maintained as provided in this section.
B. Concrete Floors: All such pens, buildings, yards, sheds or enclosures shall be
erected and maintained with floors constructed of concrete at least four inches (4") thick
with a smoothly troweled wearing surface.
C. Drainage; Catch Basins: All such concrete floors shall be constructed so as to drain
to a catch basin or basins connected with the sa nitary sewage system of the city, or in
the event there is no such sewage system within two hundred feet (200') from the property
line, such basin or basins shall be connected with a sewage disposal system approved
by the city manager.
D. Controlled Livestock Grazing:
1. A controlled livestock grazing contractor may temporarily keep or maintain
within the corporate limits of the city any pens, yards, sheds or enclosures wherein
any grazing livestock approved by the city are temporarily kept for the limited and
express purposes of controlled livestock grazing in accordance with the city’s con-
trolled livestock grazing program. Controlled livestock grazing within the corporate
limits will not be allowed in any one (1) location for more than thirty (30) consecutive
days.
2. All such pens, yards, sheds or enclosures used for the limited and express
purpose of controlled livestock grazing will be temporary and may not remain in
place more than thirty (30) consecutive days. Due to the temporary nature of such
pens, yards, sheds, or enclosures used for the limited and express purpose of con-
trolled livestock grazing, concrete floors will not be required for pens, yard s, sheds
or enclosures used to shelter and keep animals participating in controlled livestock
grazing.
30
3. All fences used to keep or maintain livestock used for controlled livestock graz-
ing within corporate limits must comply with the fencing regulations s et forth in the
city’s Controlled Livestock Grazing policy.
4. Any controlled livestock grazing contractor who wishes to keep or maintain
livestock within the corporate limits for controlled livestock grazing must obtain a
permit from the city and comply with all terms and conditions of the city’s controlled
livestock grazing program.
Section 2. This Ordinance takes effect on publication.
Passed, approved, and adopted the 6th day of August 2018.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 10 th day of August 2018.
/s/Kevin S. Firnstahl, City Clerk
5. Code of Ordinances Amendment - Title 13 Sewers and Sewage Disposal - Specific
Pollutant Limitations: City Manager recommending modification of the City of Dubuque
Code of Ordinances Specific Pollutant Limitations for the discharge of cyanide as meas-
ured at the treatment plant. Motion by Resnick to receive and file the documents and that
the requirement that a proposed ordinance be considered and voted on for passage at
two Council meetings prior to the meeting at which it is to be passed be suspended. Se-
conded by Del Toro. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 28-18 Amending
City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 2 Sewers and Sew-
age Disposal, Article D. Industrial Pretreatment Program, Section 13 -2D-6 Specific Pol-
lutant Limitations. Seconded by Resnick. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 28-18
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 13 PUBLIC UTILI-
TIES, CHAPTER 2 SEWERS AND SEWAGE DISPOSAL, ARTICLE D INDUSTRIAL
PRETREATMENT PROGRAM, SECTION 13-2D-6 SPECIFIC POLLUTANT LIMITA-
TIONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 13-2D-6 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
13-2D-6: SPECIFIC POLLUTANT LIMITATIONS:
No user(s) shall discharge wastewater, either singularly or in combin ation with other
user(s), concentrations of pollutants which shall exceed the following limitations as meas-
ured at the POTW treatment plant:
Arsenic 0.04 mg/l
Cadmium 0.01 mg/l
Chromium (total) 0.70 mg/l
Copper 0.20 mg/l
Cyanide 0.08 mg/l
Iron 5.00 mg/l
31
Lead 0.20 mg/l
Mercury 0.01 mg/l
Nickel 0.10 mg/l
Oil and grease 100 mg/l
Phenolic compounds 2.50 mg/l
Silver 0.10 mg/l
Toluene 500 mg/l
Zinc 0.50 mg/l
Section 2. This Ordinance shall take effect upon publication.
Passed, approved, and adopted this 6th day of August 2018.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 10 th day of August 2018.
/s/Kevin S. Firnstahl, City Clerk
6. Request for Work Session - Travel Dubuque Quarterly Report: City Manager re-
questing that the City Council schedule a work session at 5:30 p.m. on September 17,
2018 in the Council Chambers for the Travel Dubuque quarterly update. Motion by Larson
to set the work session as recommended. Seconded by Resnick. All Council Members
acknowledged that they were available. Motion carried 7-0.
7. SW Arterial Construction Update Video: Cable TV Division showed a video of the
recent progress of the Southwest Arterial Project for July 2018. Motion by Jones to re-
ceive and file the information. Seconded by Resnick. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Larson asked for community support of the Corner Grill, 1689 Elm
Street, while another City construction project is re-routing traffic around the area. The
establishment is still accessible.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:20 p.m. to discuss pending litigation
and real estate transfer negotiations pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa.
Mayor Buol stated for the record that the attorney who will consult with City Council on
the issues to be discussed in the closed session is City Attorney Crenna Brumwell.
Upon motion, the City Council reconvened in open session at 8:36 p.m. stating that
staff had been given proper direction.
There being further business, upon motion the City Council adjourned at 8:37 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk