3 4 19 City Council Proceedings Official_Regular1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on 4th day of March 2019
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
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 proceeding of 2/11, 2/13, 2/18, 2/21,
2/25, 2/27; Civil Service Commission of 12/21/18, 2/12/19, Human Rights Commission of
1/14; Park and Recreation Advisory Commission of 2/12; Proof of Publication for City
Council Proceedings of 2/4, 2/7, 2/11, 2/13; Proof of Publication for List of Claims and
Summary of Revenues for Month Ending 1/31. Upon motion the documents were re-
ceived and filed.
2. Notice of Claims and Suits: Hope Ehlinger for vehicle damage, Audrey Gottschalk
for vehicle damage, Zachary Hallman for vehicle damage, Andrés Liza for property dam-
age, Kalyn Nowacki for vehicle damage, Conor Shoellhorn for vehicle damage, Nicole
and Ricardo Woods for personal injury/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: Audrey Gottschalk for vehicle damage, Andrés Leza for property damage,
Kalyn Nowacki for vehicle damage, Conor Shoellhorn for vehicle damage, Nicole and
Ricardo Woods for personal injury/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 and filed, and
Resolution No. 69-19 Authorizing the Finance Director-City Treasurer to make certain
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payments of bills that must be paid and approved for payment in accordance with City
procedures was adopted.
RESOLUTION NO. 69-19
AUTHORIZING THE FINANCE DIRECTOR-CITY TREASURER TO MAKE CERTAIN
PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN
ACCORDANCE WITH CITY PROCEDURES
Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that
the Finance Director-City Treasurer shall keep an accurate account of all disbursements,
money, or property, specifying date, to whom, and from what fund paid; and
Whereas, the invoices, presented by those firms and persons providing such goods
and services have been pre-audited by Finance Department personnel in accordance
with generally accepted internal control procedures and have been determined to have
been requisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treasurer has provided a list of Expenditures at-
tached hereto, and by this reference made a part hereof, to be drawn to pay for goods
and services provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 -
18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks
in payment of certain expenditures known as Exception Expenditures prior to City Council
approval and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Finance Director-City Treasurer is hereby authorized to issue payment
for goods and services provided for City purposes in response to the purchase orders
and contracts issued in compliance with state and municipal code requirements as re-
quested by designated requisitioning authorities in accordance with approved budget ap-
propriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance
Director are hereby authorized and directed to provide the statement of receipts and dis-
bursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 4th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Fiscal Year 2020 County Tax Increment Financing (TIF) Report: City Manager trans-
mitting the Annual Tax Increment Financing (TIF) Report that has been filed with Dubuque
County Auditor Denise Dolan. Upon motion the documents were received and filed.
6. Certified Local Government (CLG) Annual Report: City Manager recommending ap-
proval of the Calendar Year 2018 Certified Local Government (CLG) Annual Report. Upon
motion the documents were received, filed and approved.
7. Land and Water Conservation Fund (LWCF) Grant Application for the Bee Branch
Creek Trail Connector: City Manager recommending approval of an application to the
Iowa Department of Natural Resources for a Land and Water Conservation Fund (LWCF)
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Grant to complete the Bee Branch Creek Trail Connector. Upon motion the documents
were received and filed, and Resolution No. 70-19 Authorizing Land and Water Conser-
vation Fund (LWCF) Grant application to Iowa Department of Natural Resource s for Bee
Branch Creek Trail Connector was adopted.
RESOLUTION NO. 70-19
AUTHORIZING LAND AND WATER CONSERVATION FUND (LWCF) GRANT APPLI-
CATION TO IOWA DEPARTMENT OF NATURAL RESOURCES FOR BEE BRANCH
CREEK TRAIL CONNECTOR
Whereas, the Iowa Department of Natural Resources administers the Land and Water
Conservation Fund Grant Program for the development of outdoor recreational facilities;
and
Whereas, the City of Dubuque has adopted the 2017 Comprehensive Plan that in-
cludes goals for development of bike/hike trails; and
Whereas, the City of Dubuque has adopted the 2008 Tri-State Trail Plan that includes
the Bee Branch Creek Trail as a High Priority project.
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 the Planning Services Manager
is hereby authorized to submit an application to the Iowa Department of Natural Re-
sources for Land and Water Conservation Fund (LWCF) Grant funds for the Bee Bra nch
Creek Trail Connector.
Section 2. That in the event said application is approved, the City Council hereby pro-
vides its written assurance that the completed project will be adequately maintained for
its intended use in accordance with state requirements.
Passed, approved and adopted this 4th day of March 2019.
Roy D, Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Community Attractions and Tourism (CAT) Grant Agreement for Miracle League :
City Manager transmitting the award of a (CAT) grant and requesting approval of the
resolution and the Grant Agreement for the Community Attractions and Tourism (CAT)
grant to Enhance Iowa for the Miracle League of Dubuque Baseball Field and All -Inclusive
Playground Project. Upon motion the documents were received and filed, and Resolution
No. 71-19 Authorizing (CAT )Grant Agreement with Enhance Iowa for the Miracle League
of Dubuque Baseball Field and All-Inclusive Playground Project was adopted.
RESOLUTION NO. 71-19
AUTHORIZING COMMUNITY ATTRACTIONS AND TOURISM (CAT) GRANT AGREE-
MENT WITH ENHANCE IOWA FOR THE MIRACLE LEAGUE OF DUBUQUE BASE-
BALL FIELD AND ALL-INCLUSIVE PLAYGROUND PROJECT
Whereas, Enhance Iowa has allocated Community Attraction and Tourism (CAT) Pro-
gram grant funds for projects that help position our community to take advantage of eco-
nomic development opportunities in tourism and strengthen a community’s competitive-
ness as a place to work and live; and
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Whereas this Project allows individuals with special needs to participate in organized
recreational programs and activities just like their brothers, sisters, families and friends.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor is hereby authorized to execute and deliver the CAT grant agree-
ment in the amount of $500,000 along with our partner Miracle League of Dubuque for
the Miracle League Baseball Field and All-Inclusive Playground Project along with such
other documents as the Enhance Iowa Board of Directors or the Enhance Iowa Board’s
legal counsel may reasonably request.
Passed, approved and adopted this 4th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Awarding the 2019 Grand River Center Decorative Concrete Repair Project : City
Manager recommending award of the construction contract for the 2019 Grand River
Center Decorative Concrete Repair Project to the low bidder D&D Concrete, Inc. Upon
motion the documents were received and filed, and Resolution No. 72-19 Awarding public
improvement project for the Grand River Center - Decorative Concrete Repair Project
was adopted.
RESOLUTION NO. 72-19
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE GRAND RIVER CENTER
- DECORATIVE CONCRETE REPAIR PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Whereas, sealed proposals have been submitted by contractors for the Grand River
Center - Decorative Concrete Repair Project, (the Project) pursuant to Resolution No. 66 -
19 and Notice to Bidders published on the City of Dubuque, Iowa web site and plan room
service with statewide circulation on the 8th day of February 2019.
Whereas, said sealed proposals were opened and read on the 21 st day of February
2019 and it has been determined that D&D Concrete, Inc. of Dubuque, IA with a bid in
the amount of $77,048.00 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 D&D Con-
crete, Inc. 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 4th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Design Mill, Inc. Third Amendment to Iowa Values Funds Financial Assistance
Contract: City Manager recommending approval of a resolution authorizing the Third Con-
tract Amendment to the Iowa Values Funds Financial Assistance Contract by and among
the Iowa Economic Development Authority, Design Mill, Inc., and the City of Dubuque.
Upon motion the documents were received and filed, and Resolution No. 73-19 Approving
5
a Third Amendment to the Economic Development Financial Assistance Contact by and
among Design Mill, Inc., the City of Dubuque and the Iowa Department of Economic De-
velopment was adopted.
RESOLUTION NO. 73-19
APPROVING A THIRD AMENDMENT TO THE ECONOMIC DEVELOPMENT FINAN-
CIAL ASSISTANCE CONTRACT BY AND AMONG DESIGN MILL, INC., THE CITY OF
DUBUQUE, AND THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT
Whereas, Design Mill, Inc. (DMI) and the City of Dubuque (City) entered into an Eco-
nomic Development Financial Assistance Contract (the Contract) with the Iowa Economic
Development Authority (IEDA) for the expansion of Design Mill, Inc.’s (DMI) operations in
Dubuque, Iowa; and
Whereas, DMI requested an extension of the Project Completion Date in the Contract
from June 30, 2016 to June 30, 2017 in a First Amendment; and
Whereas, DMI requested an extension of the Project Completion Date in the Contract
from June 30, 2017 to June 30, 2018 in a Second Amendment; and
Whereas, DMI is now requesting a third extension of the Project Completion Date in
the Contract from June 30, 2018 to June 30, 2019 and an adjustment of the Ma intenance
Period Completion Date from June 30, 2020 to June 30, 2021, as set forth in the attached
Contract Amendment; and
Whereas, the IEDA Board has approved the extension of the Project Completion Date
to June 30, 2019 and the maintenance Period Complet ion Date from June 30, 2020 to
June 30, 2021; and
Whereas, the parties now desire to amend the Contract as set forth in the attached
Contract Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Contract Amendment is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute and the City Man-
ager is hereby directed to submit the Contract Amendment to the Iowa Economic Devel-
opment Authority together with such other documents as may be required.
Passed, approved, and adopted this 4th day of March, 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Acceptance of the 30th Street to Leibe Street Sanitary Sewer Reconstruction Pro-
ject: City Manager recommending acceptance of the construction contract for the 30th
Street to Leibe Street Sanitary Sewer Reconstruction Project, as completed by Temperley
Excavating, Inc. Upon motion the documents were received and filed, and Resolution No.
74-19 Accepting the 30th Street and Leibe Street Sanitary Sewer Reconstruction Project
and authorizing the payment to the contractor was adopted.
RESOLUTION NO. 74-19
ACCEPTING THE 30th STREET AND LEIBE STREET SANITARY SEWER RECON-
STRUCTION PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR
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Whereas, the public improvement contract for the 30 th Street to Leibe Street Sanitary
Sewer Reconstruction Project (the Project) has been completed by the Contractor, Tem-
perley Excavating, Inc. (Contractor), the City Engineer has examined the work and rec-
ommends that the Project be accepted; and
Whereas, the final contract amount for the Project is $91,405.02; and
Whereas, the Contractor has previously been paid $86,834.77, leaving a balance of
$4,570.25; 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 $4,570.25 as provided in Iowa Code chapter 573, and to pay such
retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code
chapter 26.13.
Passed, approved and adopted this 4th day of March 2019.
Roy Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 30th STREET
AND LEIBE STREET SANITARY SEWER RECONSTRUCTION PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the 30th Street to Leibe Street Sanitary Sewer Reconstruction Project has
been performed in compliance with the terms of the Public Improvement Contract, and
that the total cost of the completed work is $115,132.82.
Dated this 27th day of February 2019.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 27th day of February 2019.
/s/Kevin S. Firnstahl, City Clerk
12. Civil Service Commission - Certified Lists: Civil Service Commission submitting the
Certified Lists for the positions of Lead Mechanic and GIS Applications Specialist. Upon
motion the documents were received, filed and made a Matter of Record.
February 12, 2019
Honorable Mayor and Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, a promotional examination for
the position of Lead Mechanic was administered on January 17, 2019. We hereby certify
that the individual listed below has passed this written examination an d the vacancy for
this position should be filled from this list and that this list is good for two (2) years from
above date.
Lead Mechanic
Matt Herman
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Eligible Employee
Darren Steil
Respectfully submitted,
/s/Dan White
Dan White, Chairman
Civil Service Commission
February 12, 2019
Honorable Mayor and Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of GIS Applications Specialist was administered via “take-home” exam. We hereby certify
that the individuals listed below have passed this “take-home” examination and the va-
cancy for this position should be filled from this list and that this list is good for one (1)
year from above date.
GIS Applications Specialist
1. Jacob Ironside, 2. Caleb Scheidel, 3. Laurana Snyder, 4. Justin Licht, 5. Kenny Rodri-
guez-Garcia
Respectfully submitted,
/s/Dan White
Dan White, Chairman
Civil Service Commission
13. Grass/Weed Cutting and Garbage Collection Assessments - Housing Department:
City Manager recommending that the City Council adopt 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. 75-19 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. 75-19
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
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.
8
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 4th day of March 2019.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Schedule of Assessments
Delinquent Grass and Weed Cutting and Garbage Collection Charges
Location/Owner/Parcel #/Amount/Category
1659 Iowa; S 57'- N 107'- E 1/2 of City Lot 746 1659-1677 Iowa; Engelken, Thomas A
2022 Camelot Dr., Allen TX. 75013; 1024264003; $246.00; grass, weeds and garbage
1555 Main; N 51.2'-S 147'11"-S 204'8" of City Lot 471; Yankee 3, LLC 1800 Washing-
ton St. Dubuque IA. 52001; 1024401004; $137.00; grass
1360 Dell; LOT 2-810 A McDaniel’s Sub; Paul, Jacob R. 1825 74th Place Kenosha, WI
53143; 1024340003; $137.00; grass
1906 Ellis; N 1/2 of Lot 44 Cox’s Add.; Jasro, LLC 7346 Morman Trek Blvd. Ste. 2000,
Iowa City, IA. 52246; 1024180012; $124.00; garbage
702 Caledonia; S 1/2 Lot 1-1-39 Kelly's Sub; Federal Home Loan Mortgage Corpora-
tion 5000 Plano Pkwy Carrollton, TX. 75010; 1025133024; $289.00; grass
925 Nevada; Lot 2 Schiltz’ Sub; Zodiac Properties LLC 3060 Pennsylvania Ave., Dubu-
que, IA. 52001; 1026229013; $115.00; garbage
696 University; W 18' Lot 9, & E 29'1 of Lot 9 Kelly's Sub.; Hoskins, Darriel 696 Uni-
versity Ave., Dubuque, IA. 52001; 1025129043; $115.00; grass
1289 W 5th Lot 2-A-11 & Lot 2-B-12 Both S.M. Lang’s Add; McCue, Rebecca L. 1289
W 5th St., Dubuque, IA 52001; 1026236008; $85.00; grass
1326 Elm; S 1/2 Lot 195 East Dubuque Add; Taking Care of Business LLC 9120 Long-
tail Ln., Dubuque, IA. 52003; 1024432010; $81.00; garbage
909 Rhomberg; NE 1/2-Lot 17 & Lot 2-1-18 Hooper's Add; Laird Properties, Ltd 3960
Cedar Heights Ct. Dubuque IA. 52002; 1013477015; $81.00; grass
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; $194.00; grass, weeds and
garbage
1494 Jackson; S 20.6' Lot 1-1-47 East Dubuque Add; Paradox Properties LLC8282
Turkey Valley Ln. Dubuque IA. 52003; 1024426002; $95.00; garbage
1478 Jackson; Lot 2-47 & Lot 1-N 1/2 of 48 Both in East Dubuque Add; McMahon Real
Est Rentals, LLC2380 Samantha Dr., Dubuque, IA. 52002; 1024426003; $109.00; gar-
bage
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1458 Jackson; N 1/2 Lot 49 East Dubuque Add; Mk Properties LLC 8505 Southern
Hills Ct., Dubuque, IA. 52003; 1024426007; $218.00; garbage
704 Caledonia; N 1/2 of Lot 1 of 1 Of 39 In Kelly Sub; Lincoln, Aaron J. 3908 Flat Rock
Ct., Van Buren, AR. 72956; 1025133023; $166.00; grass
621 E 24th; Lot 2-1 & 2-2 Windsor Ave. Sub; Scharff Holdings LLC 1846 E Quarry Rd.,
Cuba City, WI. 53807; 1013453028; $81.00; grass
2240 Hoyt; Lot 1-3 Pfohl’s Sub; Schulte, Timothy E. 2240 Hoyt St., Dubuque, IA.
52001; 1023327001; $109.00; grass
1001 Garfield; E 93.5' of Lot 5 McCraney's 2nd Add; Mayne, Christopher J 591 Almond
St., Dubuque, IA. 52001; 1118351016; $375.00; grass
725 Roberts; Lot 37 Wilsons Sub; Laird, Brian M. 725 Roberts, Dubuque, IA. 52001;
1025109058; $109.00; grass
1262 Cleveland; Lot 79 Union Add; Home Dream, LLC 3060 Pennsylvania Ave., Dubu-
que, IA. 52001; 1025361014; $75.00; grass
597 Jefferson; S 80' Lot 22 & S 80' - W 10'6" Lot 23 Farley’s Sub 619-621 Jefferson;
Zodiac Properties, LLC 3060 Pennsylvania Ave., Dubuque, IA. 52001; 1024386007;
$85.00; grass
1225 N Booth; Lot 2-1 Trenk’s Booth St. Pl.; Fries, Thomas A 1225 N. Booth St., Dubu-
que, IA. 52001; 1023483017; $115.00; grass
1395 Walnut; E 75' of Lot 3 of City Lot 740; Kramerica Properties, LLC 485 Locust St.,
Dubuque, IA. 52001; 1024354005; $115.00; grass
374 Kaufmann; Lot 4-138, 4-140, 4-142, L H Langworthy's Add.; Secretary of Housing
& Urban Development 2401 NW 23rd. St. Ste. 1D Shepherd Mall Office Complex Okla-
homa City, OK. 73107-2420; 1024106005; $365.00; grass
2042 Chaney; S 50' of Lot 81 Hillcrest Sub #2; Freedom Properties II, LLC 973 Rich-
ards Rd. Dubuque IA. 52003; 1022405013; $55.00; grass
643 Chestnut; Lot 2 McDaniel's Sub Plat 3; HP Investments, LLC 8505 Southern Hills
Ct., Dubuque IA. 52003; 1024378033; $275.00; grass
945 Bluff; Lot 11 – E. 1/2 - City Lot 655 & Lot 2-1A Lorimer Sub; Pottebaum, Ricky &
May, Liesl Dba R&L Construction 358 E. 16th St., Dubuque, IA. 52001; 1024457023;
$80.00; grass
1954 Ellis; W 130' of Lot 48 Cox’s Add.; Bartell, Karen PO Box 102 Bernard, IA. 52032;
1024180008; $75.00; grass
2060 Fengler; E 1/2-Lot 8 Fengler's Add; Frommelt, Heather 1210 Lincoln Ave., Dubu-
que IA. 52001; 1118310009; $100.00; grass
1702 Rhomberg; Holy Trinity Sub - Lot 1; Regan, Kevin D 12588 Westmont Hts., Pe-
osta, IA. 52068; 1118178007; $125.00; garbage
14. Vacant and Abandoned Buildings and Problem Property Assessments : City Man-
ager recommending approval of a resolution authorizing the City to certify problem prop-
erty 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. 76-19 Authorizing the City to collect delinquent problem property charges
in accordance with 14-GE International Property Maintenance Code Section 106.5 and/or
Section 109.5 Code of Ordinances of the City of Dubuque, Iowa was adopted.
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RESOLUTION NO. 76-19
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
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 I. That the persons listed on the attached Proble m 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 attache d
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 p arcels
of property set opposite the names of the owners.
Passed, approved and adopted this 4th day of March 2019.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Schedule of Assessments
Delinquent Problem Property Charges
Location; Legal Description; Owner; Parcel #; Amount; Category
1659 Iowa; S 57'- N 107'- E 1/2 of City Lot 746 1659-1677 Iowa; Engelken, Thomas A.
2022 Camelot Dr., Allen, TX. 75013;1024264003; $60.00; Repair broken glass in door
15. Alternative Service Concepts (ASC) Addendum to Workers' Compensation Claims
Administrative Services Agreement: City Manager recommending approval of an Adden-
dum to the Agreement with Alternative Services Concepts for services related to the ad-
ministration of the City’s Worker’s Compensation Program that extends the current Agree-
ment from March 1, 2019 to May 31, 2019. Upon motion the documents were received,
filed and approved.
16. Amendment to the Collective Bargaining Agreement between the City and Interna-
tional Union of Operating Engineers, Local #234: City Manager recommending approval
of an Amendment to the Collective Bargaining Agreement in effect from July 1, 2017 to
June 30, 2022, between the City of Dubuque and the International Union of Operating
11
Engineers, Local #234. Upon motion the documents were received and filed, and Reso-
lution No. 77-19 Approving the Amendment to the collective Bargaining Agreement in
effect from July 1, 2017 to Jun 30, 2022, between the City of Dubuque, Iowa, and the
International Union of Operating Engineers, Local #234 and authorizing the Mayor to sign
the Amendment was adopted.
RESOLUTION NO. 77-19
APPROVING THE AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT
IN EFFECT FROM JULY 1, 2017 TO JUNE 30, 2022, BETWEEN THE CITY OF DUBU-
QUE, IOWA, AND THE INTERNATIONAL UNION OF OPERATING ENGINEERS, LO-
CAL #234 AND AUTHORIZING THE MAYOR TO SIGN THE AMENDMENT
Whereas, the Sixty-Fifth General Assembly adopted the Public Employment Relations
Act, Chapter 20, Code of Iowa; and
Whereas, the City of Dubuque is public employer within the meaning of Section 3 (10)
of the Public Employment Relations Act; and
Whereas, the International Union of Operating Engineers, Local #234 is an employee
organization within the meaning of Section 3 (4) of the Public Employment Relati ons Act;
and
Whereas, bargaining between the parties has occurred and an Amendment to the
Agreement in effect from July 1, 2017 to June 30, 2022, has been concluded.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the terms of the Amendment be approved and the Mayor authorized
and directed to sign the Amendment to the Collective Bargaining Agreement.
Passed, approved and adopted this 4th day of March, 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Q Casino Request for Expenditure from Depreciation and Improvement Fund:
Dubuque Racing Association President and CEO Jesús Avilés requesting City Council
approval to expend money from the Depreciation and Improvement Fund (D&I) for grease
receptors serving the kitchens at Q Casino. Upon motion the documents were received,
filed and approved.
18. Urban Revitalization Multi-Family Value Increase Requirements: City Manager rec-
ommending approval of a resolution that approves a required 10% valuation increase for
multi-family properties to be eligible for tax abatement under Iowa Code Chapter 404
Urban Revitalization. Upon motion the documents were received and filed, and Resolu-
tion No. 78-19 Setting the required percent increase in actual value for multi-residential
assessed property to qualify for urban revitalization was adopted.
RESOLUTION NO. 78-19
SETTING THE REQUIRED PERCENT INCREASE IN ACTUAL VALUE FOR MULTI-
RESIDENTIAL ASSESSED PROPERTY TO QUALIFY FOR URBAN REVITALIZATION
Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities
to abate property taxes for improvements made to properties in designated revitalization
12
areas for properties assessed as residential, multi-residential, agricultural, commercial,
or industrial property within the designated area or a combination thereof; and
Whereas, pursuant to the requirements of said Urban Revitalization Ac t, the following
Urban Revitalization Areas were established: Upper Main, Jackson Park, Washington
Neighborhood, West 11th Street, Upper Main, Cathedral, Old Main, and Kunkel & Asso-
ciates, Lange Estates; and
Whereas, multi-residential is a newer tax classification; and
Whereas, Iowa Code §404.2 requires the City specify the percent increase in actual
value requirements which shall be used and specify the application of revitalization’s ap-
plicability to the different property classifications within Urban Revitalization Areas; and
Whereas, the City has not previously specified the percent increase in actual value
required for eligibility for urban revitalization for multi-residential assessed property; and
Whereas, the City desires to set the percent increase in actual value required to qualify
for urban revitalization for multi-residential assessed property; and
Whereas, staff recommends a ten percent (10%) increase in the actual value will be
required for multi-residential assessed property to qualify for urban revitalization.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The percent increase in actual value required for property assessed as multi -
residential to qualify for urban revitalization is ten percent (10%).
Passed, approved and adopted this 4th day of March, 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Request for Proposals - Four Mounds Park Ecological Restoration Project: City
Manager recommending approval of the Request for Proposals for qualified consulting
services for Phase 1 Permitting and Implementation of Ecological Restoration Plan and
Interpretation Plans for Four Mounds Park. Upon motion the documents were received,
filed and approved.
20. Dubuque County Historical Society Funding Request to Johanna Favrot Fund: City
Manager recommending approval of a resolution authorizing the Dubuque County Histor-
ical Society to apply for funding from the Johanna Favrot Fund of the National Trust for
Historic Preservation for an Historic Structure Report for the Mathias Ham House. Upon
motion the documents were received and filed, and Resolution No. 79-19 Approving Jo-
hanna Favrot Grant application to the National Trust of Historic Preservation for Historic
Structure Report of the Mathias Ham House was adopted.
RESOLUTION NO. 79-19
APPROVING JOHANNA FAVROT GRANT APPLICATION TO THE NATIONAL TRUST
OF HISTORIC PRESERVATION FOR HISTORIC STRUCTURE REPORT OF THE MA-
THIAS HAM HOUSE
Whereas, the National Trust for Historic Preservation via the Johanna Favrot Fund
provides grant funding for projects that help to preserve, conserve, interpret, enhance,
and educate the public about the nation’s historical assets.
13
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
The Dubuque County Historical Society is hereby authorized to submit the Johanna
Favrot Fund grant application to the National Trust for Historic Preservation to conduct
an historic structure report for the Mathias Ham House which is property owned by the
City of Dubuque.
Passed, approved and adopted this 4th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
21. Additional Hours for Finance Part-Time Confidential Account Clerks: City Manager
recommending approval of additional hours for the two part -time Confidential Account
Clerks in the Finance Department. Upon motion the documents were received, filed and
approved.
22. Legislative Correspondence Regarding Property T ax Rates: City Manager provid-
ing a copy of a letter to State Legislators regarding property tax rates. Upon motion the
documents were received and filed.
23. Legislative Correspondence - HSB100 and SSB1141 Land Use and Zoning: City
Manager providing a copy of correspondence sent to State Legislators expressing oppo-
sition to State preemption of local land use and zoning issues. Upon motion the docu-
ments were received and filed.
24. Legislative Correspondence - HSB185 Net Metering on Solar Energy Systems:
City Manager providing a copy of correspondence sent to State Legislators expressing
opposition to the elimination of many benefits and incentives related to net metering on
solar energy systems. Upon motion the documents were received and filed.
25. 2019 Federal Legislative Priorities: City Manager recommending adoption of the
City of Dubuque 2019 Federal Legislative Priorities. Upon motion the documents were
received, filed and approved.
26. Signed Contract(s): Dubuque Area Labor-Management Council Short-Term Lease
in the Historic Federal Building. Upon motion the documents were received and filed.
27. 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. 80-19 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 Li censes and
Permits was adopted.
RESOLUTION NO. 80-19
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
14
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 appli cants 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 T HE 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
Dubuque Mining Co. 555 J.F Kennedy Rd. #600 Class C Liquor (Outdoor)
(Sunday)
Hartig Drug Company #8 1600 University Ave. Class E Liquor, Class B
Wine, Class C Beer (Sun-
day)
Hops & Rye 1108 Locust St. Class C Liquor (Outdoor)
(Sunday)
The Clubhouse 2364 Washington St. Class C Liquor
New
Easy Street 30 Main St. Class C Liquor (Outdoor)
(Sunday)
Gold Standard Athletics 555 J.F. Kennedy Rd. #415 Class B Beer
Passed, approved, and adopted this 4th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
1. 2019 Decorative Concrete Maintenance Project Initiate: City Manager recommend-
ing initiation of the public bidding procedure for the 2019 Decorative Concrete Mainte-
nance Project, and further recommends that a public hearing be set for March 18, 2019.
Upon motion the documents were received and filed, and Resolution No. 81-19 Prelimi-
nary approval of plans, specifications, form of contract, and estimated cots; setting date
of public hearing on plans, specifications, form of con tract, and estimated cost was
adopted setting a public hearing for a meeting to commence at 6:00 p.m. on March 18,
2019 in the Historic Federal Building.
RESOLUTION NO. 81-19
2019 DECORATIVE CONCRETE MAINTENANCE PROJECT
15
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
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The proposed plans, specifications, form of contract and estimated cost for
the 2019 Decorative Concrete Maintenance Project in the estimated amount
$165,000.00, are hereby preliminarily approved and ordered filed in the office of the City
Clerk for public inspection.
Section 2. A public hearing will be held on the 18th day of March, 2019, at 6:00 p.m. in
the Historic Federal Building Council Chambers (second floor) 350 W. 6 th Street, Dubu-
que, 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 i n 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, fo rm of contract, or
estimated cost of the Project.
Section 3. The 2019 Decorative Concrete Maintenance Project is hereby ordered to
be advertised for bids for construction.
Section 4. 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.
Section 5. The City Engineer is hereby directed to advertise for bids for the construction
of the improvements 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 21 st day of March, 2019. 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 1st day of April 2019, in the Historic Federal Building
Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this the 4th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Seippel Road Water Main Relocation Project Landfill Access Frontage Road Initiate :
City Manager recommending initiation of the public bidding procedure for the Seippel
Road Water Main Relocation Project, and requests the City Council grant preliminary
approval of the construction plans and specifications, and establish March 18, 2019 as
the date of the public hearing. Upon motion the documents were received and filed, and
Resolution No. 82-19 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 was adopted setting a public hearing for a meeting to commence at
6:00 p.m. on March 18, 2019 in the Historic Federal Building.
16
RESOLUTION NO. 82-19
SEIPPEL ROAD WATER MAIN RELOCATION PROJECT
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
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section1. The proposed plans, specifications, form of contract and estimated cost for
the Seippel Road Water Main Relocation Project in the estimated amount $113,432.00,
are hereby preliminarily approved and ordered filed in the office of the City Clerk for public
inspection.
Section 2. A public hearing will be held on the 18th day of March, 2019, at 6:00 p.m. in
the Historic Federal Building Council Chambers (second floor) 350 W. 6 th Street, Dubu-
que, 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 i n 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, fo rm of contract, or
estimated cost of the Project.
Section 3. The Seippel Road Water Main Relocation Project is hereby ordered to be
advertised for bids for construction.
Section 4. 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.
Section 5. The City Engineer is hereby directed to advertise for bids for the construction
of the improvements 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 t hirteen but not more than forty-five days before
the date for filing bids before 2:00 p.m. on the 21 st day of March, 2019. 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 1st day of April 2019, in the Historic Federal Building
Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this the 4th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applications were reviewed for the following Boards and Commissions. Applicants
were invited to address the City Council regarding their desire to serve on the following
Boards/Commissions.
17
1. Community Development Advisory Commission: One, 3-Year term through Febru-
ary 15, 2020 (Vacant term of James). Applicant: Ellen Pinnola, 1420 Glen Oak St. M.s
Pinnola spoke in support of her appointment and provided a brief biography.
2. Long-Range Planning Advisory Commission: One, 3-Year term through July 1, 2020
(Vacant term of James). One, 3-Year term through July 1, 2021 (Vacant term of Darter).
Applicants: Michael Peroski, 1935 Coates St.; Tyler Stoffel, 960 Boyer St. Mr. Peroski
and Mr. Stoffel spoke in support of their respective appointments and provided brief biog-
raphies.
3. Mechanical and Plumbing Code Board: One, 3-Year term through March 16, 22
(Expiring term of Hillary). Applicant: Daniel Hillary, 3087 Arbor Oaks Dr.
PUBLIC HEARINGS
1. Residential Parking Permit District H Amendment - Norland Drive: Proof of publica-
tion on notice of public hearing to consid er approval of an ordinance amending Parking
Permit District H to include both sides of Norland Drive from Keymont Drive to Keystone
Drive with current day/time parking restrictions being assumed for this addition, and the
City Manager recommending approval. Motion by Larson to receive and file the docu-
ments and that the requirement that a proposed ordinance be considered and voted on
for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Jones. Patricia Meyer, 1860 Norland Dr.; Connie Klein, 1861
Norland Dr.; and Ron Axtell, 1895 Norland Dr. spoke in support of the amendment. Re-
sponding to questions from City Council, City Engineer Gus Psihoyos provide a history of
the residential parking districts, how staff evaluated the street, and the issues with student
parking from area schools adjacent to neighborhoods. City Council suggested that staff
have discussion with Dubuque Community Schools to partner for a solution. Motion car-
ried 7-0.
Motion by Larson for final consideration and passage of Ordinance No. 11-19 Amend-
ing City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14
Parking, Division 7 Residential Parking Permit Program, Section 9-14-321.740 Residen-
tial Parking Permit District H. Seconded by Shaw. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 11-19
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI-
CLES AND TRAFFIC, CHAPTER 14 PARKING, DIVISION 7 RESIDENTIAL PARKING
PERMIT PROGRAM, SECTION 9-14-321.740 RESIDENTIAL PARKING PERMIT DIS-
TRICT H
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-14-321.740 of the City of Dubuque Code of Ordinance is hereby
amended to read as follows:
9-14-321.740: RESIDENTIAL PARKING PERMIT DISTRICT H:
18
A. The following described area constitutes a residential parking permit district desig-
nated as residential parking permit district H:
Hansel Drive, between Keystone Drive and Keymont Drive.
Keymont Drive from Key Way Drive to its westerly terminus.
Phyllrich Drive from Keystone Drive to Keymont Drive.
Vizaleea Drive from Pennsylvania Avenue to Keystone Drive.
Keystone Drive from Phyllrich to its westerly terminus.
Norland Drive, both sides, from Keymont Drive to Keystone Drive.
B. No vehicles shall park curbside in Residential Parking Permit District H during the
hours of seven o'clock (7:00) a.m. to three o'clock (3:00) p.m., on school days only, with-
out displaying a valid parking permit issued by the City.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved, and adopted this 4th day of March 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 8th day of March 2019.
/s/Kevin S. Firnstahl, City Clerk
2. Residential Parking Permit District H Amendment - Sharon Drive: Proof of publica-
tion on notice of public hearing to consider approval of an ordinance amending Parking
Permit District H to include both sides of Sharon Drive from Pennsylvania Avenue to Key
Corners with current day/time parking restrictions being assumed for this addition, and
the City Manager recommending approval. Motion by Larson to receive and file the doc-
uments and that the requirement that a proposed ordinance be considered and voted on
for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Del Toro. Robert Bott, 1718 Sharon Dr. spoke in support of the
amendment and suggested the school district consider student carpooling. Motion carried
7-0.
Motion by Larson for final consideration and passage of Ordinance No. 12-19 Amend-
ing City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic Chapter 14
Parking, Division 7 Residential Parking Permit Program, Section 9-14-321.740 Residen-
tial Parking Permit District H. Seconded by Del Toro. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 12-19
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI-
CLES AND TRAFFIC, CHAPTER 14 PARKING, DIVISION 7 RESIDENTIAL PARKING
PERMIT PROGRAM, SECTION 9-14-321.740 RESIDENTIAL PARKING PERMIT DIS-
TRICT H
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-14-321.740 of the City of Dubuque Code of Ordinance is hereby
amended to read as follows:
9-14-321.740: RESIDENTIAL PARKING PERMIT DISTRICT H:
A. The following described area constitutes a residential parking permit district desig-
nated as residential parking permit district H:
19
Hansel Drive, between Keystone Drive and Keymont Drive.
Keymont Drive from Key Way Drive to its westerly terminus.
Phyllrich Drive from Keystone Drive to Keymont Drive.
Vizaleea Drive from Pennsylvania Avenue to Keystone Drive.
Keystone Drive from Phyllrich to its westerly terminus.
Sharon Drive, both sides, from Pennsylvania Avenue to Key Corners.
B. No vehicles shall park curbside in Residential Parking Permit District H during the
hours of seven o'clock (7:00) a.m. to three o'clock (3:00) p.m., on school days only, with-
out displaying a valid parking permit issued by the City.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved, and adopted this 4th day of March 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 8th day of March 2019.
/s/Kevin S. Firnstahl, City Clerk
3. N. Cascade Road Reconstruction Project Right-of-Way Property Acquisition: Proof
of publication on notice of public hearing to consider approval of a resolution which es-
tablishes and sets the Just Compensation Valuation (Fair Market Value) for each identi-
fied property to be acquired or condemned based on the certified Acquisition Appraisal
and Review Appraisal reports, and the City Manager recomme nding approval. Motion by
Resnick to receive and file the documents and adopt Resolution No. 83-19 Establishing
the fair market value of real property for the North Cascade Road Reconstruction Project,
directing good-faith negotiations for the acquisition of property and authorizing the com-
mencement of eminent domain proceedings, if necessary, to acquire the property . Se-
conded by Jones. Motion carried 7-0.
RESOLUTION NO. 83-19
ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY FOR THE NORTH
CASCADE ROAD RECONSTRUCTION PROJECT, DIRECTING GOOD FAITH NEGO-
TIATIONS FOR THE ACQUISITION OF PROPERTY AND AUTHORIZING THE COM-
MENCEMENT OF EMINENT DOMAIN PROCEEDINGS, IF NECESSARY, TO AC-
QUIRE PROPERTY
Whereas, the City of Dubuque (City) has caused to be made appraisals of the proper-
ties described below for the North Cascade Road Reconstruction Project, between the
bridge over Catfish Creek to Edval Lane, and the Just Compensation Valuation (Fair Mar-
ket Value) for the properties are listed below; and
Whereas, the legal description of each of the properties to be acquired, the owners
and the Just Compensation Valuation (Fair Market Value) of each of the properties is
listed below; and
Whereas, the City Council has conducted a public hearing on the approval of the final
location and alignment of the North Cascade Road Reconstruction Project, approved the
project and the acquisition of all or a part of the property listed below for the North Cas-
cade Road Reconstruction Project:
20
Parcel Property Owner Name Land Type /
Use
Fee Title
(Acres)
Perm Ease-
ment
(Acres)
Temp
Easement
(Acres)
Just Compen-
sation Value
1 Howard & Sandra Arensdorf
as described per Exhibit A
Residential 0.576 0.204 0.145 $ 10,000
2 Howard & Sandra Arensdorf
Jeffery Arensdorf
as described per Exhibit B
Agricultural 0.627 0 0.253 $ 13,000
5 Gary Valentine
as described per Exhibit C
Agricultural 1.096 0 0.054 $ 18,000
10, 11 John & Karla Steger
Heyo & Camilla Tjarks
as described per Exhibit D
Agricultural 1.943 0 0.538 $ 40,000
and;
Whereas, Iowa law requires that the City make a good faith effort to negotiate with the
owners regarding the purchase before proceeding with condemnation; and
Whereas, the City may not make an offer to purchase a property which is less than the
Just Compensation Valuation (Fair Market Value) established for the property; and
Whereas, the City Council now desires to establish the Just Compensation Valuation
(Fair Market Value) for each of the properties; and
Whereas, the City wishes to acquire the properties listed for the North Cascade Road
Reconstruction Project by good faith negotiation or eminent domain proceedings, if nec-
essary.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The Just Compensation Valuation (Fair Market Value) of each of the prop-
erties listed above is hereby established to be the amount of its appraised value as listed
above.
Section 2. The City Manager is directed to enter into good faith negotiations for the
acquisition for each of the above propert ies, and, if necessary, commence eminent do-
main proceedings to acquire the properties.
Passed, approved and adopted this 4th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Marquette Place Sanitary Sewer and Water Main Reconstruction Project: Proof of
publication on notice of public hearing to consider approval of the plans, specifications,
form of contract and the estimated cost for the Marquette Place Sanitary Sewer and Water
Main Reconstruction Project and the City Manager recommending approval. Motion by
Shaw to receive and file the documents and adopt Resolution No. 84-19 Approval of
plans, specifications, form of contract, and estimated cost for the Marquette Place Sani-
tary Sewer and Water Main Reconstruction Project. Seconded by Del Toro. Motion car-
ried 7-0.
RESOLUTION NO. 84-19
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE MARQUETTE PLACE SANITARY SEWER AND WATER
MAIN RECONSTRUCTION PROJECT
21
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
Marquette Place Sanitary Sewer and Water Main Reconstruction Project, in the estimated
amount $312,178.90, are hereby approved.
Passed, adopted and approved this the 4th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Water Distribution System Pressure Zone 2 Improvements: Roosevelt Street 1.25
MG Elevated Water Tower Project: Proof of publication on notice of public hearing to
consider approval of the plans, specifications, form of contract and estimated cost of
$5,227,672 for the Water Distribution System Pressure Zone 2 Improvements: Roosevelt
Street 1.25 MG Elevated Water Tower Project, and the City Manager recommending ap-
proval. Motion by Jones to receive and file the documents and adopt Resolution No. 85-
19 Approval of plans, specifications, form of contract, and estimated cost for the Water
Distribution System Pressure Zone 2: Roosevelt Street 1.25 MG Elevated Water Tower
Project Contracts A and B. Seconded by Larson. Motion carried 7-0.
RESOLUTION NO. 85-19
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE WATER DISTRIBUTION SYSTEM PRESSURE ZONE 2:
ROOSEVELT STREET 1.25 MG ELEVATED WATER TOWER PROJECT CON-
TRACTS A AND B
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
Water Distribution System Pressure Zone 2 Improvements: Roosevelt Street 1.25 MG
Elevated Water Tower Project, identified as Contract A: Roosevelt Street Water Tower
and Water Distribution Improvements in the estimated amount of $2,900,000; and Con-
tract B: Eagle Point Water Treatment Plant and Water Distribution Improvements, in the
estimated amount of $1,026,000, for a total combined project amount of $3,926,000, are
hereby approved.
Passed, adopted and approved this 4th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Eric Schulz, 1045 W. 3rd Street, spoke in opposition of the additional housing inspector
position requested in the upcoming FY20 budget recommendation and provided a
handout of data to the Council.
Joe Zuccaro, 1765 Plymouth Ct., spoke about the Five Flags Civic Center Study, ques-
tioning the need for a second study and requesting the issue be put on the November
ballot. Mr. Zuccaro also questioned whether a staff member could facilitate the poverty
22
study requested in the upcoming FY20 budget recommendation thereby saving the City
the cost of the consultant.
Nino Erba, 1505 Fairview Pl., questioned the need for and purpose behind the famers’
market permit recommended on the forthcoming Action Agenda and concurred with Mr.
Schulz on the additional housing inspector position.
ACTION ITEMS
1. Five Flags Civic Center Activities Report and Presentation: HR Cook, SMG General
Manager, shared an update on the Five Flags Civic Center activities and events, as well
as highlight some festivities to celebrate the upcoming 40th anniversary of Five Flags.
Motion by Shaw to receive and file the information. Seconded by Del Toro. Topics in-
cluded: gross ticket sales, attendance and event days statistics; operations review; food
and beverage financials; FY19 events; new promoters ; venue partners and promoters;
ticket buyers’ demographics; website statistics; media relations; upcoming events. Mr.
Cook responded to questions from the City Council regarding the breakdown of proceeds
and artist’s control, customer spending patterns and the impact of the economy on at-
tendance. Motion carried 7-0.
2. Dubuque Initiatives Report: Dubuque Initiatives Board President Doug Horstmann
reviewed sections of the Dubuque Initiatives Board activities in calendar year 2018. Mo-
tion by Resnick to Receive and file the information. Seconded by Larson. Responding to
questions from the City Council, Mr. Horstmann stated that Dubuque Initiatives is a pri-
vate, not-for-profit entity that acts as a catalyst to support the City and other entities with
economic development opportunities. Motion carried 7-0.
3. Awarding the Catfish Creek Emergency Stream Bank Repair Project: City Manager
recommending award of the construction contract for the Catfish Creek Emergen cy
Stream Bank Repair Project to the low bidder Legacy Corporation. Motion by Jones to
receive and file the documents and adopt Resolution No. 86-19 Awarding public improve-
ment contract for the South Fork of the Catfish Creek Sanitary Interceptor Sewer Stream
Bank Emergency Repair Project. Seconded by Resnick. Motion carried 7-0.
RESOLUTION NO. 86-19
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SOUTH FORK OF THE
CATFISH CREEK SANITARY INTERCEPTOR SEWER STREAM BANK EMERGENCY
REPAIR PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Whereas, sealed proposals have been submitted by contractors for the South Fork of
the Catfish Creek Sanitary Interceptor Sewer, Stream Bank Emergency Repair Project,
(the Project) pursuant to Resolution No. 40-19 and Notice to Bidders published on the
City of Dubuque, Iowa website on the 12th day of February 2019.
Whereas, said sealed proposals were opened and read on the 21 st day of February
2019 and it has been determined that Legacy Corporat ion of East Moline, IL, for Alternate
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Bid No. 1 in the amount of $100,485.00, 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 Legacy Cor-
poration and the City Manager is hereby directed to execute a Public Improvement Con-
tract on behalf of the City of Dubuque for the Project.
Passed, adopted and approved this 4th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Awarding the 22nd Street/Kaufmann Avenue Storm Sewer Improvement Project from
White to Kleine Streets: City Manager recommending award of the 22nd Street/Kaufmann
Avenue Storm Sewer Improvements Project construction contract for Option A (White
Street to Kleine Street) to the low bidder Portzen Construction . Motion by Larson to re-
ceive and file the documents and adopt Resolution No. 87-19 Awarding public improve-
ment contract for the 22nd Street / Kaufmann Avenue Storm Sewer Improvements Project
(White Street to Kleine Street). Seconded by Del Toro. Responding to questions from the
City Council, Civil Engineer Jon Dienst described the mandatory eight -week phased pro-
ject and the efforts the City is doing to info rm residents of the changes in traffic patterns
during construction. City Manager Van Milligen stated that a public open house about the
project will be conducted from 2-6 p.m. on Tuesday, March 19, 2019 at the Jule Opera-
tions and Training Center, 929 Kerper Blvd. Motion carried 7-0.
RESOLUTION NO. 87-19
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 22ND STREET / KAUF-
MANN AVENUE STORM SEWER IMPROVEMENTS PROJECT (WHITE STREET TO
KLEINE STREET)
Whereas, sealed proposals have been submitted by contractors for the 22nd
Street/Kaufmann Avenue Storm Sewer Improvements Project (White Street to Kleine
Street), (the Project) pursuant to Resolution No. 65 -19 and Notice to Bidders published
on the City of Dubuque, Iowa website and plan room service with statewide circulation on
the 25th day of January 2019.
Whereas, said sealed proposals were opened and read on the 26 th day of February
2019 and it has been determined that Portzen Construction of Dubuque, IA, with a bid in
the amount of $2,349,054.47 is the lowest respon sive, 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 Portzen Con-
struction and the City Manager is hereby directed to execute a Public Improvement Con-
tract on behalf of the City of Dubuque for the Project.
Passed, adopted and approved this 4th day of March 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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5. Code of Ordinances Amendment - Title 4 Farmers' Markets: City Manager recom-
mending approval of the creation of a Farmers’ Market Permit and an amendment to the
Farmers’ Market Ordinance. 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. Se-
conded by Resnick. Responding to questions from the City Council, Assistant City Man-
ager Cori Burback stated that this will replaced the indivi dual vendor fees previously re-
quired due to changes at the State level regarding farmer’s markets. City Attorney Brum-
well added that while the City has liability coverage, proof of insurance is required from
the market organizers. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 13-19 Amending
City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter
4 Central Market. Seconded by Resnick. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 13-19
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND
LICENSE REGULATIONS, CHAPTER 4 CENTRAL MARKET
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 4, Chapter 4 of the City of Dubuque Code of Ordinances is amended
to read as follows:
CHAPTER 4
CENTRAL MARKET AND OTHER FARMERS’ MARKETS
4-4-1: MARKET AREAS DELINEATED:
A. Central Market Area: The property of the city adjacent to the city hall, together
with such parts of the streets and sidewalks located within the area bounded by the
south side of Tenth Street, the north side of Thirteenth Street, the west side of Cen-
tral Avenue and the east side of Main Street, and such distances on Iowa Street
between Thirteenth and Fourteenth Streets on both sides thereof as may be neces-
sary for three (3) standard auto parking stalls, will constitute and be known as the
Central Market.
B. Other areas will be delineated as farmers’ markets and a map of such areas
will be filed with the offices of the City Manager, the City Clerk, the Health Services
Department, and the Planning Services Department if the applications for such mar-
kets and subsequently the markets themselves comply with the rules and regula-
tions for a farmers’ market set forth in the City’s farmers’ market permit application,
the City of Dubuque Code of Ordinances, and any other applicable local, state, and
federal laws.
4-4-2: FARMERS' MARKET; DISPLAY OF MERCHANDISE: The Central Market and
any other designated farmers’ markets that obtain and comply with the City’s farmers’
market permit application will be a "farmers' market" as provided for in the Iowa adminis-
trative code and will be subject to the rules relating thereto. Inspections may be conducted
by the city manager who is under contract with the state department of inspections and
appeals. Subject to such regulation and the limitations and prohibitions set forth herein-
after, any person, firm or corporation may display, offer for sale or sell on the streets or
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sidewalks of the Central Market or another farmers’ market, flowers, plants, arts, crafts or
food items which have been raised, produced, procured or crafted by the local vendor
and which are displayed and sold at a stall for which a permit has been issued as provided
for in this chapter.
4-4-3: MARKET STALLS ESTABLISHED; ISSUANCE OF PERMITS:
A. Spaces For Stalls Established; Fees: The city manager is authorized to estab-
lish spaces for stalls in the Central Market or other designated farmers’ markets as
may be necessary and to issue permits for the use of such stalls. The fees for such
permits shall be established by the city manager.
B. Use Of Metered Parking Spaces: When a permit holder uses a metered parking
space on days other than authorized by the holder's permit, the permit h older shall
comply with the parking meter requirements of this code.
4-4-4: RESTRICTED PARKING IN CENTRAL MARKET AND OTHER DESIGNATED
FARMERS’ MARKETS: When stalls in the Central Market and other farmers’ markets
have been established by the city manager and signs are erected giving notice thereof,
no person shall park a vehicle in such stall between the hours of six o'clock (6:00) A.M.
and twelve o'clock (12:00) noon on Saturdays in the months of May through October
unless the vehicle has on display a perm it as described in this chapter.
4-4-5: DISPLAY PERMIT RESTRICTED TO CENTRAL MARKET AREA OR OTHER
FARMERS’ MARKET: A market stall permit authorizes a person to display foods or crafts
only in the Central Market or other designated farmers’ markets as provided in this chap-
ter and as specified on the market stall permit. Market stall permits are market specific
and only allow a permit holder to display foods or crafts in the market expressly stated on
the stall permit.
4-4-6: REVOCATION OF PERMIT: In any case where it is found that items displayed,
offered for sale or sold have not been raised, produced, procured or crafted by the local
vendor, or have been processed, manufactured or crafted by the local vendor in violation
of any city ordinance or permit agreement, the permit may be revoked by the city man-
ager.
4-4-7: MARKET MASTER DESIGNATED; DUTIES GENERALLY: The city manager
shall establish and carry out such procedures, policies and rules relating to the Central
Market or other designated farmers’ markets and their operations as are necessary to
provide for acceptable sanitation and to protect the public health, safety and welfare.
4-4-8: TRAFFIC REGULATIONS: The city manager shall restrict or regulate the side-
walk and street traffic in the area of the Central Market or other designated farmers’ mar-
kets as may be necessary to protect the public health, safety and welfare.
4-4-9: INSPECTION; CONFISCATION OF FOOD UNFIT FOR CONSUMPTION: All
food or food products displayed, sold or offered for sale at the Central Market and other
designated farmers’ markets shall be subject to inspection by the city manager. If any
food or food product is found to be unfit for human consumption, the city manager shall
confiscate and destroy the f ood, and the person displaying, offering for sale or selling
such food shall be guilty of a misdemeanor.
4-4-10: WEIGHTS AND MEASURES: The weights and measures approved, standard-
ized and adopted by the state department of agriculture shall be the standard weights
and measures used for the sale of all merchandise required to be sold by weight or other
measure at the Central Market and other farmers’ markets. All sales by weight shall be
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by avoirdupois weight, and all sales of commodities by measure shall be by standard
volume containers, specifically, pint, quart, peck or bushel.
Section 2. This Ordinance takes effect on publication.
Passed, approved, and adopted the 4th day of March 2019.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 8th day of March 2019.
/s/Kevin S Firnstahl, City Clerk
6. Request for Work Session - Project HOPE Quarterly Update: City Manager recom-
mending that the City Council schedule a work session for a Project HOPE Quarterly
Update for March 18, 2019 at 5:30 p.m., in the City Council Chambers. Motion by Resnick
to receive and file the documents and set the work session as recommended. Seconded
by Larson. Council Member Del Toro expressed a conflict but would review information
after the fact. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Larson requested consensus from the Council on pursuing a city-wide
declaration for a $10-per-hour minimum wage. At which time, Council Member Shaw
asked about the process for getting such an issue heard such as during a budget hearing.
Mayor Buol clarified that the Council Member Reports agenda section is a way for Council
Members to share personal or professional information or matters of community interest
and is not for requesting agenda items for Council discussion. It was agreed that Ms .
Larson’s request was best discussed at the annual City Council goal setting session
scheduled for August 12-14, 2019.
There being no further business, upon motion the City Council adjourned at 7:46 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk