11 19 18 City Council Proceedings Official_Special and Regular1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:30 p.m. on November 19, 2018
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del Toro (joined at 5:38 p.m.), Jones, Larson,
Resnick (joined at 5:33 p.m.), Rios (joined at 5:32 p.m.), Shaw; City Manager Van Milli-
gen, 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, Economic Development Coordinator for the Community Foundation of
Greater Dubuque; Attorney Chris Corken; Police Chief Mark Dalsing; and Brain Health
Advocate Debi Butler conducted a work session on the recent activities of Project HOPE
focusing on Brain Health. Topic included:
• Project HOPE Initiatives and success:
o Opportunity Dubuque,
o Re-Engage Dubuque,
o Earned Income Tax Credit,
o Dubuque College Access Network,
o Early Child Care,
o Community Engagement/ Washington Neighborhood
o Brain Health.
• Mental Health Needs Assessment: Conclusions and recommendations
• Brain Health Stakeholders Committee and Collaborating Organizations
• Brain Health Program Initiatives: First Aid Training, mobile crisis unit, wrap-
around program, and access center
The City Council had discussion with the presenters following the presentation.
There being no further business, upon motion the City Council adjourned at 5:59 p.m.
/s/Kevin S. Firnstahl, CMC, 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 November 19, 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. Jule Operations & Training Center Awarded for Energy-Efficient Design: Director of
Transportation Services Renee Tyler presented the 2018 Excellence in Energy-Efficient
Design Award from the American Institute of Architects (AIA) Iowa Chapter recognizing
the Jule Operations & Training Center.
PROCLAMATION(S)
1. Small Business Saturday (November 24, 2018) was accepted by Paige Murphy,
Membership Manager for the Dubuque Area Chamber of Commerce.
2. Brain Health Awareness Month (November 2018) was accepted by Debi Butler.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Del Toro. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council proceedings of 11/5; Civil Service
Commission of 10/31; Human Rights Commission of 10/8; Park and Recreation Advisory
Commission of 10/9, 10/19; Proof of Publication for City Council Proceedings of 10/15.
Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Kevin Lutgen for vehicle damage, Donna Pilgrim for
vehicle damage, TFM, Co., for property damage. Upon motion the documents were re-
ceived, filed, and referred to the City Attorney.
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3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Kevin Lutgen for vehicle damage; Donna Pilgrim for vehicle damage; and
TFM, Co. for property 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. Multicultural Family Center Director Jacqueline Hunter: City Manager providing in-
formation on Multicultural Family Center Director Jacqueline Hunter receiving the 2018
Outstanding Women of Color in Education Award from the University of Wisconsin Platte-
ville. Upon motion the documents were received and filed.
6. Dubuque Industrial Parks Brochure: City Manager providing a copy of the public
information brochure regarding the Dubuque Industria l Parks. Upon motion the docu-
ments were received and filed.
7. Building Permit Brochure: City Manager providing a copy of the Building Services
Department's public information brochure regarding building permit requirements. Upon
motion the documents were received and filed.
8. 2019 State Legislative Priorities: City Manager providing a copy of the City of Dubu-
que 2019 State Legislative Priorities as adopted by the City Council for presentation to
State Legislators at the annual Legislative Dinner to be h eld at 5:15 p.m. on November
28, 2018 at the Grand River Center. Upon motion the documents were received, filed and
approved.
9. Fiscal Year 2018 State of Iowa Annual Financial Report: City Manager recommend-
ing approval of the official document for the City of Dubuque’s Fiscal Year 2018 Annual
Financial Report. Upon motion the documents were received, filed and approved.
10. Intergovernmental Panel on Climate Change: Global Warming of 1.5 Degrees C :
City Manager transmitting information from the Intergovernmental Panel on Climate
Change (IPCC) that addresses the impact of global warming. Upon motion the documents
were received and filed.
11. Family Self-Sufficiency Coordinators Grant: City Manager recommending approval
to submit a grant application to HUD in order to obtain federal funds for two FSS Coordi-
nator positions. Upon motion the documents were received and filed, and Resolution No.
337-18 Authorizing the Mayor to execute an application for the HUD Family Self -suffi-
ciency Program grant and authorizing the Director of Housing and Community Develop-
ment and the City Manager to approve the application was adopted.
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RESOLUTION NO. 337-18
AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION FOR THE HUD FAM-
ILY SELF-SUFFICIENCY PROGRAM GRANT AND AUTHORIZING THE DIRECTOR
OF HOUSING AND COMMUNITY DEVELOPMENT AND THE CITY MANAGER TO AP-
PROVE THE APPLICATION
Whereas, the U.S. Department of Housing and Urban Development has published a
Notice of Funding Availability (NOFA) for the Family Self -Sufficiency Program to be uti-
lized for the salaries of program coordinators combining the funding for the FSS coordi-
nators that serve Housing Choice Voucher (HCV) participants and/or Public Housing (PH)
participants for Calendar Year 2019; and
Whereas, the City of Dubuque has administered Project Self-Sufficiency since Sep-
tember 1987 that became the Family Self -Sufficiency (FSS) Program in July 1994; and
Whereas, the City of Dubuque has received funding for an FSS coordinator continu-
ously since 1994; and
Whereas, the City of Dubuque proposes to continue administering the FSS program.
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
for the HUD FSS program grant.
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.
Section 3: That the City Manager is hereby authorized and directed to forward said
application and resulting standard executed contract to the respective agencies in a timely
fashion and as required by the U. S. Department of Housing and Urban Development.
Passed, approved and adopted this 19th day of November 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Civil Service Commission - Certified Lists: Civil Service Commission submitting the
Certified Lists for the positions of Equipment Operator I and Utility Worker, Engineering
Technician and Firefighter/Paramedic. Upon motion the documents were received, filed
and made a Matter of Record.
October 31, 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 Equipment Operator I was administered on October 4, 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 the
above date.
Equipment Operator I
1. Paul Herman, 2. Zachary Thill, 3. Justin Lich, 4. Tim Lawler, 5. Matthew Uthe, 6. Jeff
Davis, Jr., 7. Daniel Sisler, 8. John Kirk, 9. Bruce Nowak, 10. Jacob Freund
Respectfully submitted,
Dan White, Chairman
Civil Service Commission
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October 31, 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 Utility Worker was administered on October 17, 2018. We hereby certify that the indi-
viduals 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 one (1) year from the above
date.
Utility Worker
1. Drew Noel, 2. Nick Connolly, 3. Jonathon Gapinski, 4. Matthew Hemann , 5. Jerome
Lang, 6. Matthew Mauss, 7. Steven Valentine, 8. Jason McCann, 9. Austin Moyer, 10.
Aaron Lange, 11. Justin Licht, 12. Jeff Davis, Jr., 13. David Eberling, 14. Justin Hoffmann,
15. Richard Breithaupt, 16. Jim Brosius, 17. Zach Decker, 18. Patrick Schmidt, 19. David
Ehrlich, 20. Ryan Gansemer
Respectfully submitted,
Dan White, Chairman
Civil Service Commission
October 31, 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 Engineering Technician was administered via “take home” examination. We hereby
certify that the individuals listed below have passed this “take home” 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.
Engineering Technician
1. Philip Grommet, 2. Adam Decker, 3. Peter Hancock, 4. John Del Degan, 5. Jonathon
Gapinski, 6. Nick Connolly, 7. Luke Steger, 8. Patrick Maas
Respectfully submitted,
Dan White, Chairman
Civil Service Commission
October 31, 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 Firefighter/Paramedic was administered on October 20, 2018. 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 twelve (12) months from
the above date.
FIREFIGHTER/PARAMEDIC
1. Daniel Turnis, 2. Alexander Johll, 3. Jacob Fiedler, 4. Brian Pape, 5. Andrew Ney, 6.
Phillip Groh, 7. Kory Foht, 8. Matthew Fetzer, 9. Zachary Kersten, 10. Jeremy Shireman,
11. Justin Geyer, 12. Anthony Dudek, 13. Andrew Morgan, 14. Elizabeth Healy, 15. Hans
White, 16. Tanner Denlinger
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Respectfully submitted,
Dan White, Chairperson
Civil Service Commission
13. Renewal Rate for the Voluntary Dental Plan : City Manager recommending approval
of the Delta Dental renewal rates for the plan year beginning January 1, 2019, th rough
December 31, 2019. Upon motion the documents were received, filed and approved.
14. Amendment to the Administrative Services Agreement Between the City of Dubu-
que and Wellmark, Inc.: City Manager recommending approval of an amendment to the
Administrative Services Agreement between the City of Dubuque and Wellmark, Inc. to
add telehealth services to the medical plan. Upon motion the documents were received,
filed and approved.
15. Acceptance of Grant of Easement for Sanitary Sewer Utility over Part of Lot 2
Kerper Industrial Subdivision No. 2: City Manager recommending acceptance of a Grant
of Easement for Sanitary Sewer Utility from the John P. Mihalakis and Letha A. Mihalakis
Trust, and Richard L. Billmeyer and Cynthia A. Billmeyer, across Part of Lot 2 Kerper
Industrial Subdivision No. 2. in the City of Dubuque, as part of the Kerper Boulevard San-
itary Sewer Reconstruction Project. Upon motion the documents were received and filed,
and Resolution No. 338-18 Accepting a Grant of Easement for Sanitary Sewer Utility
across part of Lot 2 Kerper Industrial Park No. 2, in the City of Dubuque, Iowa was
adopted.
RESOLUTION NO. 338-18
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY ACROSS
PART OF LOT 2 KERPER INDUSTRIAL PARK NO. 2, IN THE CITY OF DUBUQUE,
IOWA
Whereas, the John P. Mihalakis and Letha A. Mihalakis Trust, and Richard L. Billmeyer
and Cynthia A. Billmeyer, have executed a Grant of Easement for Sanitary Sewer Utility
across Part of Lot 2 Kerper Industrial Park No. 2, 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 approves of, accepts
and consents to the Grant of Easement for Sanitary Sewer Utility across Part of Lot 2
Kerper Industrial Park No. 2 in the City of Dubuque, Iowa from the John P. Mihalakis and
Letha A. Mihalakis Trust, and Richard L. Billmeyer and Cynthia A. Billmeyer, a copy of
which is attached hereto.
Section 2. The Mayor is hereby authorized and d irected to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution in the offices of the City Ass essor, Dubuque County Re-
corder and Dubuque County Auditor.
Passed, approved and adopted this 19th day of November 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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16. Acceptance of Grant of Easement for Jackson Street Sanitary Sewer Reconstruc-
tion Project: City Manager recommending acceptance of a Grant of Easement for Sanitary
Sewer Utility from R & S Realty, LLC across Part of Lot 4 of Liebe’s Subdivision No. 3 in
the City of Dubuque, as part of the 30th and Jackson Street Sanitary Sewer Reconstruc-
tion Project. Upon motion the documents were received and filed, and Resolution No.
339-18 Accepting a Grant of Easement for Sanitary Sewer Utility Across Part of Lot 4 of
Liebe’s Subdivision No. 3, in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 339-18
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY ACROSS
PART OF LOT 4 OF LIEBE’S SUBDIVISION NO. 3, IN THE CITY OF DUBUQUE, IOWA
Whereas, R & S Realty, LLC, has executed a Grant of Easement for Sanitary Sewer
Utility across Part of Lot 4 of Liebe’s Subdivision No. 3, 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 approves of, accepts
and consents to the Grant of Easement for Sanitary Sewer Utility across Part of Lot 4 of
Liebe’s Subdivision No. 3, in the City of Dubuque, Iowa from R & S Realty, LLC, a copy
of which is attached 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.
Section 3. That the City Clerk be and is hereby authorized and directed t o record a
certified copy of this resolution in the offices of the City Assessor, Dubuque County Re-
corder and Dubuque County Auditor.
Passed, approved and adopted this 19th day of November 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Rustic Point Subdivision - Acceptance of Subdivision Improvements: City Manager
recommending acceptance of the public improvements, except for storm water detention
facilities, that the developer, Derby Grange LLC, has recently completed in Rustic Point
Subdivision. Upon motion the documents were received and filed, and Resolution No.
340-18 Accepting public improvements in Rustic Point Subdivision, in the City of Dubu-
que, Iowa was adopted.
RESOLUTION NO. 340-18
ACCEPTING PUBLIC IMPROVEMENTS IN RUSTIC POINT SUBDIVISION, IN THE
CITY OF DUBUQUE, IOWA
Whereas, pursuant to Resolution 266-17, certain public improvements including street
paving with curb, sanitary sewer main, water main, storm sewers and catch basins, street
lighting, fiber optic conduit, and storm water detention facilities were installed by the de-
veloper of Rustic Point Subdivision in the City of Dubuque, Iowa; and
Whereas, the improvements, except for storm water detention facilities, have been
completed and the City Manager has examined the work and has filed a certificate stating
that the same has been completed in accordance with the plans approved by the City
8
Council and in conformance with City specifications, and has recommended that the im-
provements be accepted by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that said
public improvements in Rustic Point Subdivision, except for storm water detention facili-
ties, be and the same is hereby accepted.
Section 2. That a maintenance guarantee covering said public improvements shall be
provided by the owners, Derby Grange LLC, for a period of two (2) years from the date of
this resolution.
Passed, approved and adopted this 19th day of November 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18. Stipulation of Settlement – AY McDonald Manufacturing Co. Property Tax Appeal:
City Attorney recommending approval of the Stipulation of Settlement for a property tax
appeal filed by AY McDonald Manufacturing for their property at 4800 Chavenelle Road.
Upon motion the documents were received, filed and approved.
19. McClellan et al. v. Ramirez and City of Dubuque: Senior Counsel transmitting cor-
respondence regarding the dismissal of the McClellan et al. v. Ramirez and City of Dubu-
que lawsuit resulting from a February 28, 2016 accident. Upon motion the documents
were received and filed.
20. Tom Coyle Claim Denial Appeal: City Attorney recommending denial of the appeal
of a claim against the City for vehicle damage filed by Tom Coyle. Upon motion the doc-
uments were received, filed, and concurred with the denial.
21. Delinquent Grass and Weed Cutting and Garbage Collection Charges - Housing
Department: City Manager recommending adoption of a resolution authorizing the City
Clerk to certify grass and weed cutting and 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. 341-18 Author-
izing the City to Collect Delinquent Grass and Weed Cutting and Garbage Collection
Charges in accordance with Title 6-4-3A and Title 6-8-2 of the Code of Ordinances of the
City of Dubuque, Iowa was adopted.
RESOLUTION NO. 341-18
AUTHORIZING THE CITY TO COLLECT DELINQUENT GRASS AND WEED CUTTING
AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-4-3A
and TITLE 6-8-2 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
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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 grass and weed cutting and 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:
Section I. That the persons listed on the attached Grass/Weed/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
Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and
weed cutting and 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 19th day of November 2018.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
SCHEDULE OF ASSESSMENT
DELINQUENT WEED/GRASS CUTTING and GARBAGE REMOVAL ACCOUNTS
NOVEMBER 19, 2018
Location; Owner; Parcel#; Amount; Category
1936 Ellis; W 130' of Lot 47 Coxs Add; Healey, Joseph A & Janice; 804 Rose St;
Dubuque IA 52001; 1024180009; $211.00; Garbage
2435 Queen; Lot 1-2 Brush Cliff Sub; 2435 Queen LLC; 548 W 7th St; Dubuque IA
52001; 1013452046; $1,536.51; Garbage
640 Alta Vista; Lot 38 Oxford Hgts Lot 2-39 & Lot 2-36 Oxford Hgts; Engelken, Thomas
A; 2022 Camelot Dr.; Allen TX 75013; 1025107013; $158.00; Grass, Weeds, and Gar-
bage
158 Bluff; N 1/2 - S 1/2 of City Lot 123 Marsh, Patrick R; 158 Bluff St; Dubuque IA
52001; 1025280006; $367.30; Grass, Weeds, and Garbage
1740 Elm; S 1/2 of Lot 174 East Dubuque Add; Metx LLC; 988 W 3rd St 108; Dubuque
IA 52001; 1024277006; $125.00; Garbage
1238 Jackson; N 25' - Lot 60 East Dubuque Add; Ulhaq, Irfan & Kwon, Miyeon; 995
Mount View Ct; Platteville Wi 53818-1816; 1024435010; $503.00; Grass, Weeds, and
Garbage
1540 Central; N 30'6" - M 1/5 of City Lot 442; Duggan, Patrick J; 2537 Willow Brook
Dr.; Asbury IA 52002; 1024404003 $204.00; Garbage
1358 Thomas; Ne 10' of Lot 2 of B of 96 & Lots 1 & 2 of B of 97 Mc Craney’s 1st Add;
Oertel, Gregory; 1358 Thomas Pl; Dubuque IA 52001; 1118302001; $475.00; Grass
1040 Wilson; N 1/2 Lot 5 Cain’s Sub; Red Owl Investments LLC; 656 Lowell St; Dubu-
que IA 52001; 1025104002; $148.00; Grass, Weeds, and Garbage
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981 High Bluff; Ne 48.8'-E 1/2-Lot 37 Hooper's Add; Swank, Garry R & Rose M; Po
Box 1173; Dubuque IA 52004-1173; 1013437013; $165.00; Grass
1293 Bluff; Lots 767 & 768A Both in A Mc Daniels Sub 1293-1299 Bluff St; Tri-Corner
Properties LLC; 3090 Castle Woods Ln; Dubuque IA 52001; 1024340027; $105.00; Grass
2033 Washington; Lot 22 Steiner's Add 2033-2035 Washington; Thielen, Janice J; 303
Jefferson St; Bellevue IA 52031; 1024214017; $290.00; Grass
25 W 15th; Lot 1 of Winner Place; Empress Enterprises LLC; 199 New Montgomery St
#706; San Francisco CA 94105; 1024403017; $60.00; Garbage
526 Rhomberg; Lot 26 High St Sub; Mid America Property Management LLC, PO Box
1572 Dubuque IA 52004-1572; 1024230003; $60.00; Garbage
1091 Center; N 32' of Lot 6 Newburgh’s Sub; Mid-America Property Management LLC;
PO Box 1572; Dubuque IA 52004-1572; 1025102002; $65.00; Grass
2274 Washington; Lot 1 Warren & Robin Amling’s Sub; You, Banwei; 2002 West Field
Dr.; Augusta Ga 30909; 1013460029; $70.00; Garbage
2146 Roosevelt; Lot 610 Hams Add; Adams, Gregory J & Nancy T; 6411 Sandwedge
Ct; Dubuque IA 52002; 1118129010; $265.00; Grass
1120 Race; Lot 2-13 & S 36' Lot 14 Cummins Sub; Merrick Investment Group LLC;
3518 Eclipse Cir; Dubuque IA 52003; 1024379006; $355.00; Grass
1100 Roosevelt; Lot 4 Wersinger Sub; Bernhard, Gary; 1100 Roosevelt St; Dubuque
IA 52001; 1012201003; $182.00; Grass, Weeds and Garbage
2410 Queen; N 30' Lot 39 Staffords Add; Ramirez, Emiliano; 89 Southern Ave; Dubu-
que IA 52003; 1013453011; $81.00; Grass, Weeds, and Garbage
22. Delinquent Problem Property Charges for Fall 2017 - Housing Department: City
Manager recommending adoption of a resolution authorizing the City to certify problem
property charges for the end of 2017 to the Dubuque County Treasurer in order to estab-
lish real property liens for collection of such charges. Upon motion the documents were
received and filed, and Resolution No. 342-18 Authorizing the City to collect Delinquent
Problem Property Charges in accordance with 14-1J1 International Property Maintenance
Code Section 106.5 and/or Section 109.5 Code of Ordinances of the City of Dubuque,
Iowa was adopted.
RESOLUTION NO. 342-18
AUTHORIZING THE CITY TO COLLECT DELINQUENT PROBLEM PROPERTY
CHARGES IN ACCORDANCE WITH 14-1J1 INTERNATIONAL PROPERTY MAINTE-
NANCE CODE SECTION 106.5 AND/OR SECTION 109.5 CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
Whereas, residential properties in the City of Dubuque are considered hazardous or
unsanitary premises if problem properties are allowed to deteriorate according to 14-1J1;
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
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Whereas, delinquent problem property charges shall be certified by the City Clerk to
the Dubuque County Treasurer for collection with, and in the same ma nner as general
property taxes.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the persons listed on the attached Problem Property Assessment
Schedule are delinquent in the payment of problem property 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
Problem Property Assessment Schedule are delinquent in the payment of problem prop-
erty 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 19th day of November 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
SCHEDULE OF ASSESSMENTS
DELINQUENT PROBLEM PROPERTY ASSESSMENTS
(Fall 2017)
November 19, 2018
Location/Legal Description; Owner; Parcel ID #; Amount; Category
2495 University Ave.; E 10' of Lot 140 & Lot 139 Finley W; Miller, Donald N.; 2495
University Ave. Dubuque IA 52001; 1026105010; $5,190.00; Repair front porch, replace
windows
150 Loras Blvd.; N 60'4" N 2/5 of City Lot 464; JK Investments, LLC; 8505 Southern
Hills Ct.; Dubuque IA 52003; 1024411001; $125.80; Relocation of tenant due to heat is-
sues
451 W. 5th St.; S 73' of Lot 13 in Coriell's Dubuque; Engelken, Thomas A.; 2022 Cam-
elot Dr.; Allen TX 75013; 1025207015; $168.00; Relocation of tenant due to heat issues
23. Delinquent Problem Property Charges Spring 2018 - Housing Department: City
Manager recommending adoption of a resolution authorizing the City to certify problem
property charges for the Spring of 2018 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. 343-18 Authorizing the City to Collect Delin-
quent Problem Property Charges in accordance with 14-1J1 International Property
Maintenance Code Section 106.5 and/or Section 109.5 Code of Ordinances of the City of
Dubuque, Iowa was adopted.
RESOLUTION NO. 343-18
AUTHORIZING THE CITY TO COLLECT DELINQUENT PROBLEM PROPERTY
CHARGES IN ACCORDANCE WITH 14-1J1 INTERNATIONAL PROPERTY MAINTE-
NANCE CODE SECTION 106.5 AND/OR SECTION 109.5 CODE OF ORDINANCES OF
THE CITY OF DUBUQUE, IOWA
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Whereas, residential properties in the City of Dubuque are considered hazardous or
unsanitary premises if problem properties are allowed to deteriorate according to 14-1J1;
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 problem property 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:
Section 1. That the persons listed on the attached Problem Property Assessment
Schedule are delinquent in the payment of problem property 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
Problem Property Assessment Schedule are delinquent in the payment of problem prop-
erty 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 pa rcels
of property set opposite the names of the owners.
Passed, approved and adopted this 19th day of November 2018.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
SCHEDULE OF ASSESSMENTS
DELINQUENT PROBLEM PROPERTY ASSESSMENTS
(Spring 2018)
November 19, 2018
Location/Legal Description Owner; Parcel ID #; Amount; Category
1204 Lincoln Ave.; Lot 7 Fengler's Add; Atkinson, Linda K & Jonathon A.; 1206 Lincoln
Ave. Dubuque IA 52001; 1118310007; $247.60; Relocation of Tenant Due to Heat Issues
451 W. 5th St.; S 73' of Lot 13 in Coriell's Dubuque; Engelken, Thomas A.; 2022 Cam-
elot Dr., Allen TX 75013; 1025207015; $351.56; Relocation of Tenant Due to Heat Issues
24. Delinquent Garbage Collection Charges - Housing Department: City Manager rec-
ommending adoption of a resolution authorizing 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. 344-18 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 Ordi-
nances of the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 344-18
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
13
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:
Section 1. 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 19th day of November 2018.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
SCHEDULE OF ASSESSMENTS
DELINQUENT GARBAGE REMOVAL ASSESSMENTS
November 19, 2018
Location/Legal Description; Owner; Parcel ID #; Amount; Category
2410 Queen St.; N 30' Lot 39 Stafford’s Add.; Ramirez, Emiliano, 89 Southern Ave.,
Dubuque IA 52003; 1013453011; $129.00; garbage
2284 Jackson St.; Lot 1-62 L H Langworthy's Add 2284-2286 Jackson; Reiff, Albert J
Etal, 860 Oakwood Rd. Hazel Green WI 53811; 1013459011; $81.00; garbage
1906 Ellis St.; N 1/2 of Lot 44 Cox’s Add.; Jasro LLC, 1560 Langenberg Ave., Iowa
City IA 52240; 1024180012; $67.00; garbage
904 Merz St.; Lot 25 A Stine’s Sub.; Stowers, Michael Ray & Lu Ann M., 2413 Central
Ave., Dubuque IA 52001; 1013434011; $206.00; garbage
1358 Thomas Pl.; NE 10' of Lot 2 of B Of 96 & Lots 1 & 2 of B of 97 McCraney's 1 st
Add.; Oertel, Gregory, 1358 Thomas Pl., Dubuque IA 52001; 1118302001; $89.00; gar-
bage
640 Alta Vista St.; Lot 38 Oxford Hgts. Lot 2-39 & Lot 2-36 Oxford Hgts.; Engelken,
Thomas A., 2022 Camelot Dr., Allen TX 75013; 1025107013; $117.00; garbage
1100 Lincoln Ave.; S 7'10" of Lot 10, Lot 12 & NW 44'11" of Lot 14 Wicks Add (&
Portion of Vac. Alley Lying Between Lot 12 & E 7'10" of Lot 10 Wicks Add; Rettenmaier
Properties Inc., 1398 Central Ave., Dubuque IA 52001; 1118315006; $90.00; garbage
750 Kirkwood St.; Lot 4 Union Avenue Sub. #2; Berstler, Bruce D & Julie A., 750 Kirk-
wood St., Dubuque IA 52001; 1024158005; $320.00; garbage
14
933 White St.; N 1/2 of City Lot 330; Griffin, Mark T., 2910 Wildwood Dr., Dubuque IA
52001; 1024478009; $115.00; garbage
409 W. Locust St.; Lot 1-1 & 1-1A Dorgan’s Sub 403-409 Locust St.; Rubio, Maria L &
Chavez, Victor D & Jimenez, Luis & Teresa, 3099 Brunskill Rd., Dubuque IA 52001;
1024183003; $151.60; garbage
621 E. 24th St.; Lot 2-1 & 2-2 Windsor Ave. Sub.; Scharff Holdings LLC, 1846 E Quarry
Rd., Cuba City WI 53807; 1013453028; $75.00; garbage
25. Housing Financial Specialist Position: City Manager recommending approval to
upgrade the vacant Community Development Block Grant (CDBG) Secretary position to
a Housing Financial Specialist position and that the position be upgraded from GE -25 to
GE-28 to accurately reflect the job duties assigned to the position. Upon motion the doc-
uments were received, filed and approved.
26. Purchase of Services Grant Agreement - Area Residential Care: City Manager rec-
ommending approval of a Purchase of Services Grant Agreement with Are a Residential
Care for Fiscal Year 2019 to provide an Employment Connections program. Upon motion
the documents were received, filed and approved.
27. Purchase of Services Grant Agreement - Crescent Community Health Center: City
Manager recommending approval of a Purchase of Services Grant Agreement with Cres-
cent Community Health Center for Fiscal Year 2019 to provide the Pacific Islander Health
Project. Upon motion the documents were received, filed and approved.
28. Purchase of Services Grant Agreement - Dream Center: City Manager recom-
mending approval of a Purchase of Services Grant Agreement with Dubuque Dream Cen-
ter for Fiscal Year 2019 for Dubuque Dream Center Connector. Upon motion the docu-
ments were received, filed and approved.
29. Purchase of Services Grant Agreement - Dubuque YMCA/YWCA: City Manager
recommending approval of a Purchase of Services Grant Agreement with Dubuque Com-
munity YMCA/YWCA for Fiscal Year 2019 for the victim's services shelter. Upon motion
the documents were received, filed and approved.
30. Purchase of Services Grant Agreement - East Central Development Corporation:
City Manager recommending approval of a Purchase of Services Grant Agreement with
East Central Development Corporation for Fiscal Year 2019 for Centralized Homeless
Services – Coordinated Entry. Upon motion the documents were received, filed and ap-
proved.
31. Purchase of Services Grant Agreement - Fountain of Youth Program: City Manager
recommending approval of a Purchase of Services Grant Agreement with the Fountain of
Youth Program for Fiscal Year 2019 for staffing of the program. Upon motion the docu-
ments were received, filed and approved.
15
32. Purchase of Services Grant Agreement - Lutheran Services in Iowa: City Manager
recommending approval of a Purchase of Services Grant Agreement with Lutheran Ser-
vices in Iowa for Fiscal Year 2019 for Behavioral Health Community Wraparound in Dubu-
que Schools. Upon motion the documents were received, filed and approved.
33. Purchase of Services Grant Agreement - Opening Doors: City Manager recom-
mending approval of a Purchase of Services Grant Agreement with Opening Doors for
Fiscal Year 2019 for Permanent Supportive Housing. Upon motion the documents were
received, filed and approved.
34. Purchase of Services Grant Agreement - Riverview Center: City Manager recom-
mending approval of a Purchase of Services Grant Agreement with Riverview Center for
Fiscal Year 2019 for sexual assault therapy services. Upon motion the documents were
received, filed and approved.
35. Purchase of Services Grant Agreement - St. Mark Youth Enrichment: City Manager
recommending approval of a Purchase of Services Grant Agreement with St. Mark Youth
Enrichment for Fiscal Year 2019 for St. Mark Enrichment Before and After School pro-
grams. Upon motion the documents were received, filed and approved.
36. Proposed Master Co-Location and Shared Services Agreement Between the City
of Dubuque and Iowa Network Service d/b/a Aureon Network Services : City Manager
recommending approval of a Master Co-Location and Shared Services Agreement be-
tween the City of Dubuque and Aureon Network Services. Upon motion the documents
were received, filed and approved.
37. Proposed Conduit License Agreement with ExteNet Systems, Inc.: City Manager
recommending approval of a Conduit License Agreement with ExteNet Systems, Inc. for
the use of City of Dubuque owned and operated conduit. Upon motion the documents
were received, filed and approved.
38. Improvement Contracts / Performance, Payment and Maintenance Bonds : Top
Grade Excavating, Inc. for the Water Main Extension to Tamarack Park Project. Upon
motion the documents were received, filed and approved.
39. Business License Refund: Request from RCW, Inc. D/B/A/ Wingstop for a refund
of the liquor license BW0094915 located at 2255 John F. Kennedy Rd., Suite 9, due to
the business closing. Upon motion the documents were received, filed and approved.
40. 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. 345-18 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 Liquor, Beer and Wine Licenses and
Permits was adopted.
16
RESOLUTION NO. 345-18
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
Big 10 Mart Car Wash 1875 J.F. Kennedy Rd. Class C Beer, Class B Wine
(Sunday)
Bridge Restaurant, The 31 Locust St. Class C Liquor (Sunday)
Grand Harbor Resort &
Water Park
350 Bell St. Class B Liquor (Catering) (Out-
door) (Sunday)
Happy's Place 2323 Rockdale Rd. Class C Liquor (Outdoor) (Sun-
day)
Hotel Julien Dubuque 200 Main St. Class B Liquor (Catering) (Out-
door) (Sunday)
Kwik Stop #848 3201 Central Ave. Class E Liquor, Class B Native
Wine, Class B Beer (Sunday)
Next Phase Bar 1902 Central Ave. Class C Liquor (Sunday)
Pepper Sprout, Inc. 378 Main St. Class C Liquor
Skinny Maginny's 123 S. Main St. Class C Liquor, Class B Native
Wine (Outdoor) (Sunday)
Target Store T-0086 3500 Dodge St. Class E Liquor, Class B Wine,
Class B Beer (Sunday)
Your Pie 806 Wacker Dr. Special Class C Liquor (Out-
door) (Sunday)
New
Kwik Stop 16th St. #300 1215 East 16th St. Downgrading to Class C Beer,
Class b Native Wine (Sunday)
New 6-Month Licenses
Inspire Cafe 955 Washington St.
Suite 105
Class C Liquor (Sunday)
JeMoni's 2616 Windsor Ave. Class C Liquor (Sunday)
17
Special Event(s) per Special Event Application Submittal
7 Hills Brewing Co. Washington St. and East
10th St. footprint of Marry
Millwork Market
Class C Liquor (Outdoor)
Passed, approved, and adopted this 19th day of November 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Jones 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 Shaw. Motion carried 7-0.
1. BP Pipeline Utility Relocation - Conveyance of a Permanent Utility Easement: City
Manager recommending that the City Council set a public hearing for December 3, 2018,
on the Grant of Permanent Easement to BP Pipelines (North America) Inc., as part of the
Southwest Arterial Project. Upon motion the documents were received and filed, and Res-
olution No. 346-18 Intent to dispose of an interest in real property owned by the City of
Dubuque by Grant of Permanent Easement to BP Pipelines (North America), Inc., for the
Southwest Arterial Project was adopted, setting a public hearing for a meeting to com-
mence at 6:00 p.m. on December 3, 2018 in the Historic Federal Building.
RESOLUTION NO. 346-18
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY
OF DUBUQUE BY GRANT OF PERMANENT EASEMENT TO BP PIPELINES (NORTH
AMERICA) INC. FOR THE SOUTHWEST ARTERIAL PROJECT
Whereas, the City of Dubuque, Iowa (City) is the owner of the real property described
as follows:
A PARCEL OF LAND SITUATED IN PART OF LOT A OF LOT 2 OF THE
EAST 39 ACRES OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4
AND OF THE WEST 1 ACRE OF THE NORTHEAST 1/4 OF THE NORTH-
WEST 1/4, ALL IN SECTION 11, T88N, R2E OF THE 5TH P.M., COUNTY
OF DUBUQUE, STATE OF IOWA AND
A PARCEL OF LAND SITUATED IN PART OF LOT A OF THE NORTH-
WEST 1/4 OF THE NORTHWEST 1/4 AND LOT B OF THE NORTHWEST
1/4 OF THE NORTHWEST 1/4, ALL IN SECTION 11, T88N, R2E OF THE
5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA AND
A PARCEL OF LAND SITUATED IN PART OF LOT A OF LOT 1 OF THE
EAST 39 ACRES OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4,
AND OF LOT 1 OF THE EAST 39 ACRES OF THE SOUTHEAST 1/4 OF
THE NORTHWEST 1/4, AND OF THE SOUTHWEST 1/4 OF THE NORTH-
EAST 1/4, AND OF LOT 1 OF 1 OF 1 OF 1 OF 1 OF THE NORTHWEST
1/4 OF THE SOUTHEAST 1/4, ALL IN SECTION 11, T88N, R2E OF THE
5TH P.M., COUNTY OF DUBUQUE, STATE OF IOWA
18
as more particularly shown on the Permanent Easement Exhibit F1 attached hereto;
and
Whereas, BP Pipelines (North America) Inc. (PB) owns and operates a 10 -inch petro-
leum distribution pipeline located on its own private easement through and upon property
which has been acquired by the City of Dubuque for the Southwest Arterial Project, as
shown on the attached Exhibit F1; and
Whereas, the City Council has approved a Utility Relocation Reimbursement Agree-
ment (the Relocation Agreement) with BP for the relocation of the petroleum distribution
pipeline, as shown on the attached Exhibit F1; and
Whereas, as part of the Relocation Agreement, City has agreed to grant a permanent
easement to BP for the relocated petroleum pipeline, as shown on th e attached Exhibit
F1; and
Whereas, BP has agreed to relinquish all rights granted to BP for those portions of the
existing pipeline easements to be vacated after relocation of the pipeline and to subordi-
nate certain specified rights of its easements within the land acquired by the City for said
future highway right-of-way; and
Whereas the City Council has determined that it is in the best interest of the City of
Dubuque to grant the permanent easement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T HE CITY OF
DUBUQUE, IOWA:
Section. 1. A public hearing will be held on the 3rd day of December 2018, at 6:00 p.m.
in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street,
Dubuque, Iowa, at which time interested persons may appear and be heard for or against
the proposed Grant of Permanent Easement to BP Pipelines (North America) Inc.
Section 2. 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 Grant of Permanent Easement.
Passed, approved and adopted this 19th day of November 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Black Hills Energy / SW Arterial Grant of Permanent Utility Easement: City Manager
recommending that the City Council set a public hearing for December 3, 2018 on the
transfer of a Quit Claim Deed to Black Hills Energy Corporation. Upon motion the docu-
ments were received and filed, and Resolution No. 347-18 Intent to dispose of an interest
in Real Estate by Quit Claim Deed by the City of Dubuque, Iowa to Black Hills Energy
Corporation for the Southwest Arterial Project was adopted, setting a public hearing for a
meeting to commence at 6:00 p.m. on December 3, 2018 in the Historic Federal Building.
RESOLUTION NO. 347-18
INTENT TO DISPOSE OF AN INTEREST IN REAL ESTATE BY QUIT CLAIM DEED
BY THE CITY OF DUBUQUE, IOWA TO BLACK HILLS ENERGY CORPORATION
FOR THE SOUTHWEST ARTERIAL PROJECT
19
Whereas, Black Hills Energy Corporation (BHE) owns and operates a high-pressure
natural gas pipeline located on its own private easement through and upon property ac-
quired by the City of Dubuque (City) for the Southwest Arterial Project; and
Whereas, the City Council has approved a Utility Relocation Reimbursement Agree-
ment (Relocation Agreement) with BHE for the relocation of the high-pressure natural gas
pipeline; and
Whereas, as part of the Relocation Agreement, City purchased replacement perma-
nent easements on private property described in the attached Quit Claim Deed for BHE
to operate, access, repair and maintain the pipeline; and
Whereas, City intends to transfer the easements to BHE by Quit Claim Deed; and
Whereas, BHE has agreed to relinquish all rights granted to BHE for those portions of
the existing pipeline easements, to be vacated after relocation and to subordinate certain
specified rights of its easements within the land acquired by the City for future highway
right-of-way; and
Whereas, the City Council finds that it is in the best interest of the City of Dubuque to
approve the Quit Claim Deed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. A public hearing will be held on the 3rd day of December 2018, at 6:00 p.m.
in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street,
Dubuque, Iowa, at which time interested persons may appear and be heard for or against
the proposed Quit Claim Deed to Black Hills Energy Corporation (BHE).
Section 2. 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 Quit Claim Deed.
Passed, approved and adopted this 19th day of November 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Dubuque Industrial Center - Urban Renewal Plan Amendment: City Manager rec-
ommending approval of a Resolution of Necessity that finds that an Amended and Re-
stated Urban Renewal Plan for the Dubuque Industrial Center Economic Development
District is both necessary and appropriate and sets a public hearing on the proposed
amendment for December 17, 2018. Upon motion the documents were received and filed,
and Resolution No. 348-18 Resolution of Necessity Finding that certain areas adjacent to
the established Dubuque Industrial Center Economic Development District meet the def-
inition of an Economic Development Area under the Urban Renewal Law; and that devel-
opment of said Area is necessary in the interest of the residents of the City of Dubuque,
Iowa and setting dates of hearing and consultation on a proposed Amended and Restated
Urban Renewal Plan for said District was adopted, setting a public hearing for a meeting
to commence at 6:00 p.m. on December 17, 2018 in the Historic Federal Building.
20
RESOLUTION NO. 348-18
RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS ADJACENT TO
THE ESTABLISHED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOPMENT
DISTRICT MEET THE DEFINITION OF AN ECONOMIC DEVELOPMENT AREA UN-
DER THE URBAN RENEWAL LAW, THAT DEVELOPMENT OF SAID AREA IS NEC-
ESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE,
IOWA, AND SETTING DATES OF HEARING AND CONSULTATION ON A PROPOSED
AMENDED AND RESTATED URBAN RENEWAL PLAN FOR SAID DISTRICT
Whereas, the City Council of the City of Dubuque has heretofore approved the
Amended and Restated Urban Renewal Plan (the “Urban Renewal Plan”) for the Dubu-
que Industrial Center Economic Development District (the “District”) in order to provide
redevelopment opportunities which will further economic development purposes and ob-
jectives as described in the Urban Renewal Plan; and
Whereas, the City Council has most recently approved an Amended and Restated Ur-
ban Renewal Plan by Resolution 158-18, adopted May 21, 2018, which Amended and
Restated Plan, among other things, created Subarea K in order to accommodate future
development on that property; and
Whereas, City staff has recommended that the District be expanded to add adjacent
areas which meet the definition of economic development areas, as found in Chapter 403
of the Iowa Code, as Subareas L and M of the District, and that the Amended and Re-
stated Urban Renewal Plan be updated to include such areas, identify urban renewal
projects to be undertaken in the District, and make any other necessary revisions; and
Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority
may be exercised, a City Council must adopt a resolution of necessity finding that the
area in question is a slum, blighted or economic development area, and that so designat-
ing such area is necessary in the interest of the public health, safety or welfare of the
residents of the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Subarea L and Subarea M generally described in Exhibit A to this
Resolution, which are proposed to be added to the District, are economic development
areas as defined by Chapter 403 of the Iowa Code and are appropriate for an urban
renewal project.
Section 2. That the City Manager is authorized and directed to prepare an Amended
and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic Devel-
opment District, such Urban Renewal Plan to include Subarea L and Subarea M within
the District and such other modifications to the property contained within the District as
may be appropriate, and setting forth the urban renewal projects that are currently ex-
pected to be undertaken in the District, and the City Manager is further authorized to
determine an appropriate date for and conduct the consultation process required by la w
with affected taxing entities concerning the proposed Urban Renewal Plan.
Section 3. That the City Council hold a public hearing on the adoption of the proposed
Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center Economic
Development District on December 17, 2018 at 6:00 p.m. in the Historic Federal Building,
350 West 6th Street, Dubuque, Iowa 52001. The notice of said hearing shall generally
identify the area to be covered by the Urban Renewal Plan and the scope of the urban
21
renewal project activities planned for such area, and said notice shall be published and
available to the public not less than four days nor more than twenty days before the date
of said meeting. A copy of the notice of public hearing shall be sent by ordinary ma il to
the affected taxing entities.
Section 4. That the City Clerk is further directed to send by ordinary mail a copy of said
Urban Renewal Plan, the notice of public hearing, a notice of consultation, and, to the
extent the Urban Renewal Plan includes the use of tax increment revenues for a public
building, an analysis of alternative development and funding options for such public build-
ings, to the Dubuque Community School District and the County Board of Supervisors,
as the affected taxing entities.
Passed, approved and adopted this 19th day of November 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Roosevelt Street Water Tower Project - SRF Environmental Review: City Manager
recommending that the City Council set a public hearing for January 7, 2019, on the Roo-
sevelt Street Water Tower Project environmental review, as provided by the State Re-
volving Fund (SRF) Department of Natural Resources. Upon motion the documents were
received and filed, and Resolution No. 349-18 Preliminary approval of an Environmental
Review as provided by SRF’s Department of Natural Resources for the Roosevelt Street
Water Tower Project and ordering the advertisement for public notice was adopted, set-
ting a public hearing for a meeting to commence at 6:00 p.m. on January 7, 2019 in the
Historic Federal Building.
RESOLUTION NO. 349-18
STATE REVOLVING FUND (SRF) LOAN - ENVIRONMENTAL REVIEW ROOSEVELT
STREET WATER TOWER PROJECT
PRELIMINARY APPROVAL OF AN ENVIRONMENTAL REVIEW AS PROVIDED BY
SRF’S DEPARTMENT OF NATURAL RESOURCES FOR THE ROOSEVELT STREET
WATER TOWER PROJECT AND ORDERING THE ADVERTISEMENT FOR PUBLIC
NOTICE
Whereas, the City of Dubuque is pursuing an engineered solution to resolve low pres-
sures experienced in the City of Dubuque’s second pressure zone in the City’s water
distribution system; and
Whereas, the second pressure zone or Zone 2 is commonly referenced as the area in
and around Roosevelt Street and Peru Road including the Sky Blue Estates subdivision,
Alpine Park development and Eagle Valley Subdivision; and
Whereas, over a twenty-year period, the area has experienced residential develop-
ment growth, and said growth has started to surpass the ability of the available infrastruc-
ture to provide suitable pressures and volume; and
Whereas, the City has evaluated several solutions and following careful analysis is in
favor of installing an elevated water tower at a higher elevation to replace the existing
Eagle Point Water tower to improve pressure and water volume to Zone 2; and
22
Whereas, the City of Dubuque hired IIW, P.C. consulting engineers to complete plan-
ning and design along with preparation of loan documents to secure funding for the pro-
ject, and as part of the loan process, the City is required to complete an environmental
review through public hearing.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The environmental review as provided by SRF’s Department of Natural Re-
sources for the Roosevelt Street Water Tower project, is hereby pre liminarily approved
and ordered filed in the office of the City Clerk for public inspection.
Section 2. A public hearing will be held on the 7th day of January, 2019, at 6:00 p.m.
in the Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubu-
que, Iowa, at which time interested persons may appear and be heard for or against the
proposed environmental review of said Project, and the City Clerk be and is hereby di-
rected 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 thirty days prior to the date of such hearing. At the hearing,
any interested person may appear and file objections to t he environmental review of the
Project.
Section 3. The environmental review as provided by SRF’s Department of Natural Re-
sources for the Roosevelt Street Water Tower project is hereby ordered to be advertised
for public hearing.
Passed, adopted and approved this 19th day of November 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC HEARINGS
1. SW Arterial North Cascade Road, English Mill Bridge, Military Road Bridges - Bridge
Railing and Decorative Concrete Post Coloring Project (Public Hearing and Project
Award): Proof of publication on notice of public hearing to consider approval of plans,
specifications, form of contract and estimated cost for the SW Arterial North Cascade
Road, English Mill Bridge, Military Road Bridges - Bridge Railing and Decorative Concrete
Post Coloring Project. City Manager recommending award of the construction contract to
the low bidder Taylor Construction Company, Inc., subject to Iowa Department of Trans-
portation approval. Motion by Del Toro to receive and file the documents and adopt Res-
olution No. 350-18 Approval of plans, specifications, form of contract, and estimated cost
for the Southwest Arterial - 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; and Resolution No. 351-18 Awarding Public Improvement
Contract for the Southwest Arterial - North Cascade Road, English Mill Road, and Military
Road Local Bridge Railing and Decorative Con crete Post Coloring Project, Iowa DOT
Project No. STP-U-2100 (693)--70-31. Seconded by Resnick. Motion carried 7-0.
23
RESOLUTION NO. 350-18
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE SOUTHWEST ARTERIAL NORTH CASCADE ROAD, ENG-
LISH MILL ROAD, AND MILITARY ROAD LOCAL BRIDGE RAILING AND DECORA-
TIVE CONCRETE POST COLORING PROJECT, IOWA DOT PROJECT NO. STP -U-
2100 (693)--70-31
That the proposed plans, specifications, form of contract and estimated cost for the
Southwest Arterial - 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, in the estimated amount $689,000.00, are hereby approved.
Passed, adopted and approved this this 19th day of November 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 351-18
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SOUTHWEST ARTE-
RIAL NORTH CASCADE ROAD, ENGLISH MILL ROAD, AND MILITARY ROAD LO-
CAL BRIDGE RAILING AND DECORATIVE CONCRETE POST COLORING PRO-
JECT, IOWA DOT PROJECT NO. STP-U-2100 (693)--70-31
Whereas, said sealed proposals were opened and read by the Iowa Department of
Transportation on the 16th day of October 2018 and it has been determined that Taylor
Construction Company, of New Vienna, IA, with a bid in the amount of $533,905.00 is the
lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Taylor Con-
struction Company, subject to the concurrence by Iowa Department of Transportation
(Iowa DOT), and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this this 19th day of November 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Housing Advisory Commission Chair Person Sr. Dorothy Schendinger spoke in favor
of the Commission’s request to name the Housing Department’s conference room in
honor of former Council Member, Housing and Human Rights Commission Member Ann
Michalski and provided a brief biograph of Ms. Michalski and the process behind the rec-
ommendation.
Dan Scott, 611 University #4, recognized Fire Equipment Operator Jeff Breitbach for
receiving the EMS provider of the year award by the Iowa Emergency Medica l Services
Association. Mr. Scott expressed his gratitude for the service he has personally received
from Jeff. Mr. Scott also asked the City Council to look into the debris and litter along
University Avenue from about Hill Street to Bluff Street as it is making it difficult to traverse
in a wheel chair.
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Michael Ogden, 611 University #5, also requested that the same area of University
Avenue be clean up due to litter and debris falling from the hillside on to the sidewalk.
ACTION ITEMS
1. Kerper Blvd. Sanitary Sewer Reconstruction Project Award: City Manager recom-
mending award of the construction contract for the Kerper Blvd. Sanitary Sewer Recon-
struction Project to the low bidder Tschiggfrie Excavating Co., pending approval from the
Iowa Financing Authority. Motion by Jones to receive and file the documents and adopt
Resolution No. 352-18 Awarding public improvement contract for Kerper Blvd. Sanitary
Sewer Reconstruction Project. Seconded by Larson. Motion carried 7-0.
RESOLUTION NO. 352-18
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR KERPER BLVD. SANITARY
SEWER RECONSTRUCTION PROJECT
Whereas, sealed proposals have been submitted by contractors for the Kerper Blvd.
Sanitary Sewer Reconstruction Project, (the Project) pursuant to Resolution No. 310 -18
and Notice to Bidders published on the City of Dubuque, Iowa website and plan room
service with statewide circulation on the 17th day of October 2018; and
Whereas, said sealed proposals were opened and read on the 8th day of November
2018 and it has been determined that Tschiggfrie Excavating, Co. of Dubuque, Iowa,
submitted low bid in the amount of $2,279,444.90 and is the lowest responsive, respon-
sible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That a Public Improvement Contract for the Project is hereby awarded to
Tschiggfrie Excavating Co. and the City Manager is hereby directed to execute a Public
Improvement Contract on behalf of the City of Dubuque for the Project.
Passed, adopted and approved this 19th day of November 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Housing Commission’s Recommendation to name the Housing Conference Room
after Ann O’Hara Michalski: Correspondence from the Housing Commission recommend-
ing approval to name the Housing and Community Development conference room in
honor of former Council Member and Housing Commissioner Ann Michalski. Motion by
Shaw to receive and file the documents and approve the recommendation. Seconded by
Jones. Motion carried 7-0.
3. Pet-Friendly Community Action Plan Process: City Manager recommending ap-
proval to move ahead with developing a Pet-Friendly Community Action Plan, including
a community assessment. The City Council discussed issues around choosing a commit-
tee representative from the animal shelter community and how to best engage public input
around the four focus areas. Council Member Shaw suggested completing the assess-
ment first to gather data and then engage and complete one focus area at a time r ather
than complete them all at once. Leisure Services Manager Marie Ware responded to
25
questions about the overall scope of the plan as compared to the plan’s individual com-
ponents adding that the process remains very fluid but could be conformed to the Co un-
cil’s requests.
Motion by Larson to amend the recommendation to add a representative of the Dubu-
que Regional Humane Society to the committee, finish the assessment first, and then
review the action steps. Seconded by Jones. Motion carried 7-0.
Motion by Larson to approve the recommendation as amended. Seconded by Jones.
Motion carried 7-0.
4. Request for Work Session on Crime Prevention Efforts: City Manager requesting
that the City Council schedule a work session for December 17, 2018 at 5:30 p.m. in th e
City Council Chambers on crime prevention efforts by the Dubuque Police Department.
Motion by Resnick to receive and file the documents and set the work session as recom-
mended. Seconded by Jones. Motion carried 7-0.
5. Request for City Council Open House for HEART Project at 396 West Locust Street:
City Manager requesting that the City Council schedule an open house for December 3,
2018 from 5:00 to 5:30 p.m., at 396 West Locust Street to create an opportunity for City
Council Members and members of the public to see the finished product. Motion by Lar-
son to receive and file the documents and set the work session as recommended. Se-
conded by Resnick. Council Member Resnick indicated they might be late. City Manager
Van Milligen stated that the open house is not a dedicated timeframe and allows drive
time to the Council Chambers for the regular meeting following at 6:00 p.m. Motion carried
7-0.
COUNCIL MEMBER REPORTS
Council Member Jones reported on the Police Officers attending the Law Enforcement
Academy that were recently subjected to carbon monoxide in the dormitory and spoke to
the importance having of carbon monoxide detectors, smoke alarms and NOAA weather
radios.
Council Member Larson reported on the need for additional matching funds to support
the Miracle League of Dubuque required for the State IEDA grant. Citizens should visit
the Miracle League’s funding page.
Council Member Resnick wished everyone a Happy Thanksgiving stating that our com-
munity has much to be thankful for.
Mayor Buol echoed Mr. Resnick’s comments and wished everyone a Happy Thanks-
giving.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:21 p.m. to discuss pending litigation
and real estate transfer negotiations pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa.
Seconded by Resnick. 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. Motion carried 7-0.
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Upon motion the City Council reconvened in open session at 7:40 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion, the City Council adjourned at 7:41 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk