6 2 14 City Council Proceedings Official_Regular and SpecialCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:00 p.m. on June 2, 2014 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, City Attorney Lindahl
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 Chaplain Schmitt Island Master Plan.
WORK SESSION
Chaplain Schmitt Island Master Pian
Planning Services Manager Laura Carstens, Andrew Desdner of Cunningham Group,
and Chris Brewer of AECOM, provided a slide presentation on the Chaplain Schmitt Is-
land Master Plan. Topics included:
• Purpose of the Master Plan
• Process: stakeholders, regulating agencies, project schedule
• History of Chaplain Schmitt Island
• Island in the River: geography/topography, wildlife
• Island in the City: proximity to neighborhoods & city development, leases
• Current island character
• Questions and Challenges: current leaseholders, casino attraction, natural island
qualities, defining a unique sense of place
• Goals: connect to riverfront and the water, island environment, visiting in any
season
• Existing conditions and proposed development for three areas: recreation chan-
nel, island resort, marina village
City Council had discussion with the presenters following the presentation.
There being no further business, upon motion the City Council adjourned at 6:05 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on June 2, 2014 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
Juneteenth Day (June 14, 2014) was accepted by Shelli Glover of the Multicultural
Family Center, 1157 Central Avenue;
LGBT Pride Month (June 2014) was accepted by Brad Wilson, 201 W. 17th Street on
behalf of Dubuque Pride.
PRESENTATION(S)
Alliant Energy Excellence in Energy Efficiency Award Presentation and Renewable
Rebate Check for the Water & Resource Recovery Center's Anaerobic Digestion & Mi-
croturbine Project was presented by Craig Clefisch of Alliant Energy.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Connors. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council proceedings of 5/19, Historic Preser-
vation Commission of 5/17, Library Board of Trustees of 4/24, Proof of publication for
City Council proceedings of 5/5. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Roger Schadler for personal injury, Gary Sieverding for
property damage. Upon motion the document was 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: Roger Schadler for personal injury and Gary Sieverding for vehicle dam-
age. Upon motion the documents were received, filed and concurred.
2
4. Contracted Services Agreement - Crescent Community Health Center Fiscal Year
2015: City Manager recommending execution of the attached contract with Crescent
Community Health Center. Upon motion the documents were received, filed and ap-
proved.
5. Contracted Services Agreement - Dubuque Area Convention and Visitors Bureau
Fiscal Year 2015: City Manager recommending execution of the attached agreement
with the Dubuque Area Convention and Visitors Bureau to provide funding for tourist
and convention development on behalf of City. Upon motion the documents were re-
ceived, filed and approved.
6. Contracted Services Agreement - Dubuque Area Labor Management Council Fis-
cal Year 2015: City Manager recommending execution of the attached agreement with
the Dubuque Area Labor -Management Council to provide funding for improvement and
expansion of labor-management cooperation in the public and private sector in the
Dubuque area. Upon motion the documents were received, filed and approved.
7. Contracted Services Agreement - Dubuque Main Street Fiscal Year 2015: City
Manager execution of the attached Contracted Services Agreement with Dubuque Main
Street to provide funding for the agency to continue to implement a downtown revitaliza-
tion program and to help fund a part time development position to help manage the
economic development and design assistance function of the Historic Millwork District.
Upon motion the documents were received, filed and approved.
8. Contracted Services Agreement - DuRide Fiscal Year 2015: City Manager recom-
mending execution of the attached contract with DuRide. Upon motion the documents
were received, filed and approved.
9. Contracted Services Agreement - Every Child 1 Every Promise Fiscal Year 2015:
City Manager recommending execution of the attached contract with Every Child 1 Every
Promise. Upon motion the documents were received, filed and approved.
10. Contracted Services Agreement - Greater Dubuque Development Corporation
Fiscal Year 2015: City Manager recommending execution of the attached agreement
with the Greater Dubuque Development Corporation for support of their economic de-
velopment services. Upon motion the documents were received, filed and approved.
11. Contracted Services Agreement - Operation New View Community Action Agen-
cy Fiscal Year 2015: City Manager recommending execution of the attached Contracted
Services Agreement with Operation: New View to provide funding for the agency to con-
tinue to provide services to help low income and elderly citizens achieve self -efficiency.
Upon motion the documents were received, filed and approved.
3
12. Contracted Services Agreement - Project HOPE Fiscal Year 2015: City Manager
recommending execution of the attached contract with Community Foundation of
Greater Dubuque: Project H.O.P.E. Upon motion the documents were received, filed
and approved.
13. Contracted Services Agreement - Proudly Accessible Dubuque Fiscal Year 2015:
City Manager recommending execution of the attached contract with Proudly Accessible
Dubuque. Upon motion the documents were received, filed and approved.
14. Purchase of Services Grant Agreement - Bell Tower Theater: City Manager rec-
ommending approval of the Purchase of Services Grant Agreement with Bell Tower
Productions to provide for Kids Take the Stage youth theater classes and the Free
Summer Musicals. Upon motion the documents were received, filed and approved.
15. Purchase of Services Grant Agreement - Dubuque Community Y Domestic Vio-
lence Program: City Manager recommending approval of the Purchase of Services
Grant Agreement with Dubuque Community YMCA/YWCA Domestic Violence Shelter,
known as New Beginnings Shelter, to provide crisis intervention services to domestic
violence victims. Upon motion the documents were received, filed and approved.
16. Purchase of Services Grant Agreement - Dubuque County Extension: City Man-
ager recommending approval of a Purchase of Services Grant Agreement with Dubu-
que County ISU Extension. Upon motion the documents were received, filed and ap-
proved.
17. Purchase of Services Grant Agreement Helping Services of Northeast Iowa:
City Manager recommending approval of the Purchase of Services Grant Agreement
with Helping Services of Northeast Iowa to provide Life Skills program to prevent drug
and alcohol use to third grade students in Dubuque. Upon motion the documents were
received, filed and approved.
18. Purchase of Services Grant Agreement - Hillcrest Family Services: City Manager
recommending approval of the Purchase of Services Grant Agreement with Hillcrest
Family Services to provide crisis mental health counseling and walk-in services. Upon
motion the documents were received, filed and approved.
19. Purchase of Services Grant Agreement - Four Mounds: City Manager recom-
mending approval of a Purchase of Services Grant Agreement with Four Mounds Foun-
dation. Upon motion the documents were received, filed and approved.
20. Purchase of Services Grant Agreement - Lutheran Services in Iowa: City Manag-
er recommending approval of the Purchase of Services Grant Agreement with Lutheran
Services in Iowa for Dubuque Community Wrap Around Services. Upon motion the
documents were received, filed and approved.
4
21. Purchase of Services Grant Agreement - Multicultural Family Center: City Man-
ager recommending approval of the Purchase of Services Grant Agreement with the
Multicultural Family Center to provide opportunities for at -risk youth through the Future
Talk Program. Upon motion the documents were received, filed and approved.
22. Purchase of Services Grant Agreement - Northeast Iowa School of Music: City
Manager recommending approval of a Purchase of Services Grant Agreement with
Northeast Iowa School of Music. Upon motion the documents were received, filed and
approved.
23. Purchase of Services Grant Agreement - Project Concern Foster Grandparent
Program: City Manager recommending approval of the Purchase of Services Grant
Agreement with Project Concern to partially fund the Foster Grandparent Program that
provides volunteer opportunities for seniors to work with students with special needs.
Upon motion the documents were received, filed and approved.
24. Purchase of Services Grant Agreement - Riverview Center: City Manager rec-
ommending approval of the Purchase of Services Grant Agreement with Riverview Cen-
ter to provide partial funding for a Sexual Assault Therapist in the Dubuque office. Upon
motion the documents were received, filed and approved.
25. Purchase of Services Agreement - Four Mounds HEART Program Fiscal Year
2015: City Manager is recommending execution of the attached contract with Four
Mounds HEART Program. Upon motion the documents were received, filed and ap-
proved.
26. Purchase of Services Agreement - Matter Creative Center Fiscal Year 2015: City
Manager recommending execution of the attached contract with Matter Creative Center.
Upon motion the documents were received, filed and approved.
27. Purchase of Services Agreement - Opening Doors Fiscal Year 2015: City Man-
ager recommending execution of the attached contract with Opening Doors. Upon mo-
tion the documents were received, filed and approved.
28. Purchase of Services Agreement - St. Mark Community Center Fiscal Year 2015:
City Manager recommending execution of the attached contract with St. Mark Commu-
nity Center. Upon motion the documents were received, filed and approved.
29. Family Self Sufficiency Grant Application: City Manager recommending approval
of the submittal of a grant to the U.S. Department of Housing and Urban Development
for the renewal of one Family Self -Sufficiency Program Coordinator position and two
new Family Self -Sufficiency Program Coordinator positions. Upon motion the docu-
ments were received, filed and approved.
30. Phoenix Housing Special Needs Assistance Grant: City Manager recommending
approval of the Request for Release of Funds for the Continuum of Care Phoenix Hous-
ing Special Needs Assistance project that provides subsidized housing for disabled in -
5
dividuals and families with supportive services. Upon motion the documents were re-
ceived and filed and Resolution No. 160-14 Authorizing Request for Release of Contin-
uum of Care funds for Fiscal Year 2015 (Program Year 2013) was adopted.
RESOLUTION NO. 160-14
AUTHORIZING REQUEST FOR RELEASE OF CONTINUUM OF CARE FUNDS FOR
FISCAL YEAR 2015 (PROGRAM YEAR 2013)
Whereas, the City of Dubuque will enter into a Continuum of Care Agreement for the
Fiscal Year commencing July 1, 2014, with the U.S. Department of Housing and Urban
Development, providing for financial assistance to the City under Subtitle C of Title IV of
the McKinney-Vento Homeless Assistance Act; and
Whereas, pursuant to the rules and regulations as promulgated by the U.S. Depart-
ment of Housing and Urban Development, an environmental review has been pro-
cessed for the hereinafter listed projects to be financed with Continuum of Care funds;
and
Whereas, a Notice of Intent to Request Release of Funds for said grants has been
published on May 23, 2014 to commence the required seven (7) day public comment
period; and
Whereas, any and all comments received as a result of such notice will be duly con-
sidered before proceeding with a Request for Release of Funds and Certification, and
Whereas, a Request for Release of Funds and Certification must be sent to the U.S.
Department of Housing and Urban Development at the conclusion of the comment peri-
od.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor of the City of Dubuque is hereby authorized and directed
to execute a Request for Release of Funds and Certification for the following identified
Continuum of Care projects on or about June 2, 2014 and submit to the U.S. Depart-
ment of Housing and Urban Development.
Phoenix Housing Special Needs Assistance
Subsidized housing assistance program for disabled individuals and families with
supportive services.
No funds will be committed prior to completion of a review for other related laws of 24
CFR 58.5.
Section 2. That the Mayor of the City of Dubuque is hereby authorized to consent to
assume the status of a responsible federal official under the National Environmental
Protection Act, insofar as the provisions of the said Act apply to the U.S. Department of
Housing and Urban Development responsibilities for review, decision making, and ac-
tion assumed and carried out by the City of Dubuque as to environmental issues.
Section 3. That the Mayor of the City of Dubuque is hereby authorized to consent
personally, in his official capacity and on behalf of the City of Dubuque, to accept the
jurisdiction of the federal courts if an action is brought to enforce responsibilities in rela-
tion to environmental review, decision-making and action.
Passed, approved and adopted 2nd day of June, 2014.
Attest: Kevin S. Firnstahl, City Clerk
6
Roy D. Buol, Mayor
31. 2014 Justice Assistance Grant (JAG) Application: City Manager recommending
approval of the 2014 Justice Assistance Grant (JAG) application from the Edward Byrne
Memorial Assistance Grant Program. Upon motion the documents were received, filed
and approved.
32. Enterprise Zone - Community Housing Initiatives I & II: City Manager recom-
mending approval of two Housing Enterprise Zone Program Agreements by and among
the Iowa Economic Development Authority, the City and Community Housing Initiatives,
Inc. for scattered sites in Enterprise Zones 1-A and 2-A. Upon motion the documents
were received and filed and Resolution No. 161-14 Approving a Housing Enterprise
Zone Program Agreement by and among the Iowa Economic Development Authority,
the City of Dubuque and Community Housing Initiatives, Inc. was adopted.
RESOLUTION NO. 161-14
APPROVING A HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT BY AND
AMONG THE IOWA ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF
DUBUQUE AND COMMUNITY HOUSING INITIATIVES, INC.
Whereas, the City of Dubuque has established two Enterprise Zones and an Enter-
prise Zone Commission; and
Whereas, the Enterprise Zone Commission on December 19, 2013 approved two ap-
plications of Community Housing Initiatives, Inc. for Housing Enterprise Zone benefits;
and
Whereas, the applications were sent to the Iowa Economic Development Authority for
consideration and approval; and
Whereas, Community Housing Initiatives, Inc.'s applications were approved by the
Iowa Economic Development Authority on March 12, 2014; and
Whereas, the Iowa Economic Development Authority has prepared and submitted for
City Council approval two agreements relating to Housing Enterprise Zone benefits for
Community Housing Initiatives, Inc., a copy of which are attached hereto and by this
reference made a part hereof; and
Whereas, the City Council finds that the proposed agreement is acceptable and nec-
essary to the growth and development of the city.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Iowa Economic Development Authority Housing Enterprise Zone
Program Agreement, Numbers 14-HEZ-075 and 14-HEZ-097 is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Agree-
ment on behalf of the City of Dubuque and forward the executed copy to the Iowa Eco-
nomic Development Authority for its approval.
Passed, approved and adopted this 2nd day of June, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
33. DRA Purchase of Hilton Hotel and Houlihan's Restaurant: City Manager recom-
mending approval of a resolution approving the Landlord's Consent, Assignment of
Lease Agreement, and Leasehold Mortgage related to the purchase of Hilton Garden
Hotel and Houlihan's Restaurant by the Dubuque Racing Association. Upon motion
7
Resolution No. 162-14 Approving a Landlord's Consent, and Assignment of Lease
Agreement, and Leasehold Mortgage, Fixture Filing and Security Agreement with Abso-
lute Assignment of Leases and Rents in connection with Dubuque Racing Association,
LTD's Purchase of the Assets of Dubuque Casino Hotel, LLC was adopted.
RESOLUTION NO. 162-14
APPROVING A LANDLORD'S CONSENT, AN ASSIGNMENT OF LEASE AGREE-
MENT, AND LEASEHOLD MORTGAGE, FIXTURE FILING AND SECURITY
AGREEMENT WITH ABSOLUTE ASSIGNMENT OF LEASES AND RENTS IN CON-
NECTION WITH DUBUQUE RACING ASSOCIATION, LTD.'S PURCHASE OF THE
ASSETS OF DUBUQUE CASINO HOTEL, LLC
Whereas, the City of Dubuque, Iowa (hereafter "City"), and Dubuque Racing Associa-
tion, Ltd. (hereafter "DRA"), are parties to an Amended and Restated Lease Agreement
dated for reference purposes the 31st day of March, 2004, as amended by the First
Amendment dated April 4, 2005, the Second Amendment dated June 29, 2005, the
Third Amendment dated February 2, 2009, and the Fourth Amendment dated on or
about June 7, 2010 (the "DRA Lease"); and
Whereas, Dubuque Casino Hotel, LLC (DCH) is the Lessee under the Lease Agree-
ment entered into by and between City and DCH on the 6t" day of June, 2004, and sub-
sequently amended by an Amendment No. 1 to Lease Agreement dated March 21,
2005, a Second Amendment to Lease Agreement dated April 4, 2005, and an Amend-
ment No. 3 to Lease Agreement dated September 6, 2005 (collectively, the "DCH -City
Lease") on which Hilton Garden Inn and Houlihan's Restaurant are situated; and
Whereas, DCH has agreed to sell its interest in and to the DCH -City Lease to DRA,
and DRA has agreed to purchase substantially all of DCH's assets pursuant to the As-
set Purchase Agreement dated May 1, 2014 by and between DCH and DRA; and
Whereas, DCH desires to assign its rights and obligations under the DCH -City Lease
to DRA, and DRA desires to accept such assignment; and
Whereas, DRA has requested that City consent to the Assignment of DCH -City
Lease Agreement attached hereto; and
Whereas, DRA intends to enter into a Leasehold Mortgage, Fixture Filing and Securi-
ty Agreement with Absolute Assignment of Leases and Rent with American Trust &
Savings Bank in connection with the sale; and
Whereas, DRA has requested that City consent to the Landlord's Consent, Lease-
hold Mortgage, Fixture Filing and Security Agreement with Absolute Assignment of
Leases and Rent with American Trust & Savings Bank attached hereto; and
Whereas, the City Council finds that it is in the best interests of the City of Dubuque
to consent to the Landlord's Consent, Leasehold Mortgage, Fixture Filing and Security
Agreement with Absolute Assignment of Leases and Rent with American Trust & Sav-
ings Bank.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby approves the Landlord's Consent, and consents
to Assignment of Lease Agreement and the Leasehold Mortgage, Fixture Filing and Se-
curity Agreement with Absolute Assignment of Leases and Rent, all attached hereto.
Section 2. The City Attorney and the City Manager are hereby authorized to negotiate
such non -material changes to the Landlord's Consent, Leasehold Mortgage, and Fixture
8
Filing and Security Agreement with Absolute Assignment of Leases and Rent as they
determine are necessary and proper.
Passed, approved and adopted this 2nd day of June, 2014
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
34. Mystique Casino Parking Lot Repairs: City Manager recommending approval of a
request from Dubuque Racing Association President and CEO Jesus Aviles requesting
permission to expend funds from the Depreciation and Improvement Fund to repair,
sealcoat and restripe the Mystique Casino parking lot. Upon motion the documents
were received, filed and approved.
35. Request for Proposal (RFP) - Internal Auditing Services: City Manager recom-
mending approval of the selection of McGladrey LLP for the internal auditing services
for the City of Dubuque. Upon motion the documents were received, filed and approved.
36. Eide Bailly Audit Engagement Agreement: City Manager recommending approval
of the audit engagement agreement for year ending June 30, 2014 audit from Eide Bail-
ly. Upon motion the documents were received, filed and approved.
37. Signed Contracts: WHKS Agreement Addendum #4 for Airport Engineering Water
Design Services. Upon motion the document was received and filed.
38. Improvement Contracts and Maintenance Bonds: Drew Cook & Sons Excavating
Co., Inc. for the SRF Green Alley Project, Bid Set 4. Upon motion the document was
received, filed and approved.
39. Alcohol Compliance Civil Penalty for Alcohol License Holders - Denny's Lux Club:
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Denny's Lux Club, 3050 Asbury Road. Upon mo-
tion the documents were received, filed and approved.
40. Tobacco Compliance — Civil Penalty for Tobacco License Holders - Plaza 20
BP/Amoco: City Manager recommending approval of the Acknowledgement/Settlement
Agreement for a tobacco compliance violation for Plaza 20 BP/Amoco, 2600 Dodge
Street. Upon motion the documents were received, filed and approved.
41. Alcohol Compliance Civil Penalty for Alcohol License Holders - Plaza 20
BP/Amoco: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Plaza 20 BP/Amoco, 2600 Dodge
Street. Upon motion the documents were received, filed and approved.
42. Alcohol License Applications: City Manager recommending approval of annual
liquor, beer, and wine licenses as submitted. Upon motion the documents were received
and filed and Resolution No. 163-14 Approving applications for beer, liquor, and/or wine
9
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li-
cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses
and Permits was adopted.
RESOLUTION NO. 163-14
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE B LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted
and filed with the City Council for approval and the same have been examined and ap-
proved; and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Colts Community Center
Creslanes Bowling
Dubuque Bowling Lanes
Kwik Star #495
The Bait Shack
Walgreens #11942
Renewals
1101 Central Ave.
j 255 South Main St.
1029 1/2 Main St.
2685 Dodge St. •
2095 Kerper Blvd.
i 345 E 20th St.
Class C Liquor
Class C Liquor (Sunday)
Class C Liquor (Sunday)
Class C Beer, Class B Native Wine
Sunda
Class C Beer (Sunday) _.........._...........
Class E Liquor, B Wine, C Beer
(Sunday)
Murphs South End Tap ............................x...._55 Locust
._._............._.__..........._................._Class C Liquor....................._...
Special Event
Shenanigans Pub, LLC 3203 Jackson St ; Class C Liquor (Outdoor)
New
Jubeck New World Brewing 1 115 W. 11th St. Class B Beer (Outdoor)
Voices Productions 265 E 10th St. Special Class C Liquor (Outdoor)
_ (Sunday)
Passed,.... approved and adopted this 2nd
....day
...of... June,
....2014...............__........................................._............._..............._.......
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the
public hearings as indicated, and direct the City Clerk to publish notice as prescribed by
law. Seconded by Jones. Motion carried 7-0.
10
1. JFK Road and Wacker Drive Traffic Signal Replacement Project: City Manager
recommending initiation of the public bidding process for the JFK & Wacker Signal Re-
placement Project, and further recommends that a public hearing be set for June 16,
2014. Upon motion the documents were received and filed and Resolution No. 164-14
Preliminary approval of plans, specifications, form of contract, and estimated cost; set-
ting date of public hearing on plans, specifications, form of contract, and estimated cost;
and ordering the advertisement for bids was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on June 16, 2014 in the Historic Federal Building.
RESOLUTION NO. 164-14
JFK & WACKER SIGNAL REPLACEMENT 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; AND ORDERING
THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the JFK &
Wacker Signal Replacement in the estimated amount $314,940.53, are hereby prelimi-
narily approved and ordered filed in the office of the City Clerk for public inspection.
A public hearing will be held on the 1611h day of June, 2014, at 6:30 p.m. in the Histor-
ic Federal Building Council Chambers at which time interested persons may appear and
be heard for or against the proposed plans and specifications, form of contract and es-
timated cost of said Project, and the City Clerk be and is hereby directed to cause the
attached notice of the time and place of such hearing to be published in a newspaper
having general circulation in the City of Dubuque, Iowa, which notice shall be published
not less than four days nor more than twenty days prior to the date of such hearing. At
the hearing, any interested person may appear and file objections to the proposed
plans, specifications, form of contract, or estimated cost of the Project.
The JFK & Wacker Signal Replacement Project is hereby ordered to be advertised
for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the attached Notice to Bidders to be pub-
lished in a newspaper having general circulation in the City of Dubuque, Iowa, which
notice shall be published not less than four but not more than forty-five days before the
date for filing bids before 2:00 p.m. on the 26th day of June, 2014. 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 6:30 p.m. on the 7t" day of July, 2014, in the Historic Federal Building Council
Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 2nd day of June, 2014.
Attest: Kevin S. Firnstahl, City Clerk
11
Roy D. Buol, Mayor
2. Sales Tax Increment Revenue Bonds (Stormwater Utility Revenue Supported):
City Manager recommending that a public hearing be set for June 16, 2014, on the
proposition of issuing not to exceed $30,000,000 in Sales Tax Increment Revenue
Bonds (Stormwater Utility Revenue Supported). Upon motion the documents were re-
ceived and filed and Resolution No. 165-14 Fixing date for a meeting on the proposition
of the issuance of not to exceed $30,000,000 Sales Tax Increment Revenue Bonds
(Stormwater Utility Revenue Supported) of Dubuque, Iowa and providing for publication
of notice thereof was adopted setting a public hearing for a meeting to commence at
6:30 p.m. on June 16, 2014 in the Historic Federal Building.
RESOLUTION NO. 165-14
FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF
NOT TO EXCEED $30,000,000 SALES TAX INCREMENT REVENUE BONDS
(STORMWATER UTILITY REVENUE SUPPORTED) OF DUBUQUE, IOWA, AND
PROVIDING FOR PUBLICATION OF NOTICE THEREOF
Whereas, on June 17, 2013, the City Council held a public hearing and took addi-
tional action for the issuance of not to exceed $14,767,000 Stormwater Utility Revenue
Capital Loan Notes (State Revolving Loan Fund Program), the proceeds of which were
to be used to pay costs of acquisition, construction, reconstruction, extending, remodel-
ing, improving, repairing and equipping all or part of the Stormwater Management Utility,
including those costs associated with the construction of the Bee Branch Disaster Resil-
iency Project; and
Whereas, the foregoing action was taken to satisfy the Economic Development Ad-
ministration grant ("EDA Grant") requirement that the local match for the EDA Grant be
fully committed and readily available; and
Whereas, it is now deemed necessary and advisable that, in lieu of the above-
described Stormwater Utility Revenue Capital Loan Notes, the City of Dubuque, Iowa
should issue Sales Tax Increment Revenue Bonds to the Iowa Finance Authority under
the State Revolving Fund Loan Program, to the amount of not to exceed $30,000,000,
as authorized by Section 418.14 of the Code of Iowa, for the purpose of providing funds
to pay costs of carrying out the flood mitigation projects as hereinafter described and to
provide the local match for the EDA Grant; and
Whereas, Section 418.14 provides that the City Council shall follow the bond authori-
zation procedures set forth in Section 384.83 before issuing Sales Tax Increment Reve-
nue Bonds under that Section, and it is therefore necessary that the action hereinafter
described be taken and that the Clerk publish a notice of the proposal and of the time
and place of the meeting at which the Council proposes to take action thereon and to
receive oral and/or written objections from any resident or property owner of said City to
such action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. This Council shall meet in the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the 16th day of June, 2014, for the pur-
pose of taking action on the matter of the issuance of not to exceed $30,000,000 Sales
Tax Increment Revenue Bonds (Stormwater Utility Revenue Supported), the proceeds
of which will be used to provide funds to pay costs of land acquisition, engineering and
construction of Phases 4 and 7 of the Bee Branch Watershed Flood Mitigation Project,
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consisting of the Lower Bee Branch Creek Restoration and the Upper Bee Branch
Creek Restoration, and the refunding and refinancing of the outstanding General Obli-
gation Capital Loan Notes Anticipation Project Note, Series 2006, dated December 28,
2006, issued in respect of such costs. Said Bonds shall be payable from the City's flood
project fund established in the Master Bond Resolution approved on May 19, 2014, into
which all sales tax increment revenues received from the State of Iowa as part of the
award to the City under the Flood Mitigation Program shall be deposited. In addition, to
the extent necessary and provided for in the Series Resolution authorizing issuance of
said Bonds, Stormwater Utility revenues collected by the City also may be transferred to
the flood project fund and applied to the payment of the Bonds. The Bonds are ex-
pected to be issued to the Iowa Finance Authority to evidence the City's obligations un-
der a Loan and Disbursement Agreement between the City and the Iowa Finance Au-
thority, to be entered into under the State Revolving Fund Loan Program.
Section 2. The Clerk is hereby directed to cause at least one publication to be made
of a notice of said meeting, in a legal newspaper, printed wholly in the English lan-
guage, published at least once weekly, and having general circulation in said City, said
publication to be not less than four clear days nor more than twenty days before the
date of said public meeting on the issuance of said Bonds.
Section 3. The notice of the proposed action to issue said Sales Tax Increment Rev-
enue Bonds shall be in substantially the [Provided] form
Passed and approved this 2nd day of June, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointments were made to the following boards/commission:
1. Civil Service Commission: One, 4 -year term through April 6, 2018 (Vacant term of
Schilling). Applicant: Mary Lynn Neuhaus, 1595 Montrose Terrace. Upon Council con-
currence, Mayor Buol appointed Mary Lynn Neuhaus to a 4 -year term through April 6,
2018.
2. Long Range Planning Advisory Commission: One, 3 -year term through July 1,
2017 (vacant term of Van Iten). Applicant: Joshua Clements, 561 Jefferson. Motion by
Braig to appoint Joshua Clements to a 3 -year term through July 1, 2017. Seconded by
Resnick. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council on the following items:
1. Residential Parking Permit District "D" Amendment: Proof of publication on notice
of public hearing to consider an amendment to Residential Parking Permit District "D" by
adding Alicia Street from Pennsylvania Avenue to Andrea Street, both sides, and Marjo-
rie Circle from Amy Court to Andrea Street, both sides with the portion of the petition not
meeting the 80% criteria .being excluded from Residential Parking Permit District "D"
and the City Manager recommending approval. Motion by Lynch to receive and file the
13
documents and that the requirement that a proposed ordinance be considered and vot-
ed on for passage at two Council meetings prior to the meeting at which it is to be
passed be suspended. Seconded by Connors. Becky Bruxvoort, 1673 Alicia St., spoke
in support of the amendment and stated that the additional street parking caused by
Hempstead High School students is impeding area mail delivery and trash collection,
increasing litter and traffic speed, and jeopardizing residential safety. City Attorney Bar-
ry Lindahl stated that the Unified Development Code (UDC) requires the school district
to provide one parking space per 10 students in grades nine through 12. Planning Ser-
vices Manager Laura Carstens stated that while the school district is sensitive to the is-
sue, the City does not have a mechanism in place to enforce compliance. Motion car-
ried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 36-14 Amend-
ing City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14
Parking, Division 7 Residential Parking Permit Program, Section 9-14-321.736 Residen-
tial Parking Permit District D by adding portions of Alicia Street and Marjorie Circle to
the District. Seconded by Jones. Motion carried 7-0.
OFFICIAL
PUBLICATION
ORDINANCE NO. 36-14
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI-
CLES AND TRAFFIC, CHAPTER 14 PARKING, DIVISION 7 RESIDENTIAL PARKING
PERMIT PROGRAM, SECTION 9-14-321.736 RESIDENTIAL PARKING PERMIT DIS-
TRICT D BY ADDING PORTIONS OF ALICIA STREET AND MARJORIE CIRCLE TO
THE DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-14-321.736 of the City of Dubuque Code of Ordinances is
amended to read as follows:
9-14-321.736: RESIDENTIAL PARKING PERMIT DISTRICT D:
A. The following described area constitutes a residential parking permit district desig-
nated as residential parking permit district D:
Alicia Street, from Pennsylvania Avenue to Andrea Street.
Amy Court, from Marjorie Circle to the northerly end.
Lucy Drive, from Pennsylvania Avenue to Welu Drive.
Marjorie Circle, between Pennsylvania Avenue and Amy Court.
Marjorie Circle, from Amy Court to Andrea Street.
B. No vehicles shall park curbside in residential parking permit district D during the
hours of seven o'clock (7:00) A.M. and three o'clock (3:00) P.M. daily, on school days,
without displaying a valid parking permit issued by the city.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 2nd day of June, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 6th day of June, 2014.
/s/Kevin S. Firnstahl, City Clerk
14
2. Jule Transit Facility Roof and Sprinkler Repair Project: Proof of publication on no-
tice of public hearing to consider approval of plans, specifications, form of contract, and
estimated cost for the Jule Transit Facility Roof and Sprinkler Repair Project and the
City Manager recommending approval. Motion by Jones to receive and file the docu-
ments and adopt Resolution No. 166-14 Approval of plans, specifications, form of con-
tract, and estimated cost for the Jule Transit Facility Roof and Sprinkler Repair Project.
Seconded by Connors. Responding to questions from the City Council, City Manager
Van Milligen stated that the City is obligated to the grant requirements for repair of the
building and bringing it up to code for historical reasons and long-term use by the City or
future owner. Motion carried 7-0.
RESOLUTION NO. 166-14
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR THE JULE TRANSIT FACILITY ROOF AND SPRINKLER REPAIR
PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, and form of contract now on file in the Office
of the City Clerk and estimated cost for the Jule Transit Facility Roof and Sprinkler Re-
pair Project in the estimated amount $322,155.00, are hereby approved.
Passed, adopted and approved this 2nd day of June, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining Project Fiscal Year 2015: Proof
of publication on notice of public hearing to consider approval of plans, specifications,
form of contract, and estimated cost for the FY 2015 Sanitary Sewer Cured -in -Place
Pipe (CIPP) Lining Project and the City Manager recommending approval. Motion by
Braig to receive and file the documents and adopt Resolution No. 167-14 Approval of
plans, specifications, form of contract, and estimated cost for the FY 2015 Sanitary
Sewer Cured -in -Place Pipe (CIPP) Lining Project. Seconded by Resnick. Responding to
questions from the City Council, City Engineer Gus Psihoyos explained the process of
CIPP lining and stated that the project has been successful for several years and saves
costs by avoiding digging up pipes. Motion carried 7-0.
RESOLUTION NO. 167-14
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR THE FY2015 SANITARY SEWER CURED -IN-PLACE PIPE (CIPP)
LINING PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
FY2015 Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining Project, in the estimated
amount $394,600.00, are hereby approved.
Passed, adopted and approved this 2"d day of June, 2014.
Attest: Kevin S. Firnstahl, City Clerk
15
Roy D. Buol, Mayor
Upon motion the rules were suspended limiting discussion to the City Council.
ACTION ITEMS
1. Greater Dubuque Development Corporation - Quarterly Update: President and
CEO Rick Dickinson to present the quarterly update on the activities of the Greater
Dubuque Development Corporation. Motion by Lynch to receive and file the information.
Seconded by Jones. Motion carried 7-0. Mr. Dickinson provided information from a
soon -to -be -released publication about Dubuque's ranking and comparison with other
U.S. cities. Mr. Dickinson also provided samples of the new Distinctively Dubuque and
newcomer brochures and invited the City Council to GDDC's 30th anniversary celebra-
tion on June 25 at 5:30 p.m. at the Schmid Innovation Center.
2. Historic Preservation Commission - Jackson Park Signage: Historic Preservation
Commission recommending approval to install identification and interpretive signs in
Jackson Park. Motion by Jones to receive and file the documents and approve the rec-
ommendation. Seconded by Braig. Motion carried 7-0.
3. Code of Ordinances Amendment - Title 8 Human Rights Commission Administra-
tive Release: City Manager recommending approval of a proposed amendment to City
Code Section 8-4-7, Release from Administrative Process, for City Council considera-
tion. Motion by Connors to receive and file the documents and that the requirement that
a proposed ordinance be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be passed be suspended. Seconded by Braig. Mo-
tion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 37-14
Amending City of Dubuque Code of Ordinances Title 8 Human Rights, Chapter 4 En-
forcement of Civil Rights, Section 8-4-7 Release From Administrative Process; Alterna-
tive Judicial Proceedings Upon Complaints to reflect a change in the law via judicial de-
cision holding that local commissions do not possess the authority to issue right -to -sue
letters and an Administrative Release from the Iowa Civil Rights Commission is neces-
sary in order to proceed in court. Seconded by Braig. Motion carried 7-0.
OFFICIAL
PUBLICATION
ORDINANCE NO. 37-14
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 8 HUMAN
RIGHTS, CHAPTER 4 ENFORCEMENT OF CIVIL RIGHTS, SECTION 8-4-7 RE-
LEASE FROM ADMINISTRATIVE PROCESS; ALTERNATIVE JUDICIAL PROCEED-
INGS UPON COMPLAINTS TO REFLECT A CHANGE IN THE LAW VIA JUDICIAL
DECISION HOLDING THAT LOCAL COMMISSIONS DO NOT POSSESS THE AU-
THORITY TO ISSUE RIGHT -TO -SUE LETTERS AND AN ADMINISTRATIVE RE-
LEASE FROM THE IOWA CIVIL RIGHTS COMMISSION IS NECESSARY IN ORDER
TO PROCEED IN COURT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. Section 8-4-7 of the City of Dubuque Code of Ordinances is amended to
read as follows:
8-4-7: RELEASE FROM ADMINISTRATIVE PROCESS; ALTERNATIVE JUDICIAL
PROCEEDINGS UPON COMPLAINTS:
A. Administrative Release: A person claiming to be aggrieved by an unfair or discrim-
inatory practice must initially seek an administrative relief by filing a complaint with the
commission in accordance with section 8-4-1 of this chapter. A complainant, after the
proper filing of a complaint with the commission, may subsequently commence an ac-
tion for relief in the district court if all of the following conditions have been satisfied:
1. The complainant has timely filed the complaint with the commission as provided
in section 8-4-3 of this chapter.
2. The complaint has been on file with the commission at least sixty (60) days and
the commission has issued a release to the complainant pursuant to subsection
B of this section.
3. The complainant has requested an administrative release from the Iowa Civil
Rights Commission via the Dubuque Human Rights Commission.
4. The complainant has received an administrative release from the Iowa Civil
Rights Commission.
B. Screening Of Complaint: It is the legislative intent of this section that every com-
plaint be at least preliminarily screened during the first sixty (60) days. This subsection
does not authorize administrative closures if an investigation is warranted.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 2nd day of June, 2014.
/s/Roy D.. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 6th day of June, 2014.
/s/Kevin S. Firnstahl, City Clerk
4. Water Treatment Plant North Softening Basins Rehabilitation Project Award: City
Manager recommending award of the construction contract for the Water Treatment
Plant North Softening Basins Rehabilitation Project to the low bidder Fred Jackson
Tuckpointing Co., Inc. Motion by Braig to receive and file the documents and adopt
Resolution No. 168-14 Awarding public improvement contract for the Water Treatment
Plant North Softening Basins Rehabilitation Project CIP 740-2396. Seconded by Jones.
Responding to questions from the City Council, City Manager Van Milligen stated that
funds will be reallocated from other Water Department projects for this priority project.
Motion carried 7-0.
RESOLUTION NO. 168-14
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE WATER TREATMENT
PLANT NORTH SOFTENING BASINS REHABILITATION PROJECT - CIP 740-2396
Whereas, sealed proposals have been submitted by contractors for the Water Treat-
ment Plant North Softening Basins Rehabilitation Project (the Project) pursuant to Reso-
lution No. 155-14 and Notice to Bidders published in a newspaper published in the City
of Dubuque, Iowa on the 8th day of April, 2014; and
Whereas, said sealed proposals were opened and read on the 22nd of May, 2014 and
it has been determined that Fred Jackson Tuckpointing Co., Inc. of Dubuque, IA with a
17
bid amount of $178,000.00, is the lowest responsive, responsible bidder for the Project;
and
Whereas, it has been determined that it is in the best interest of the City of Dubuque
to enter into a Public Improvement Contract with Fred Jackson Tuckpointing Co., Inc.
for said 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
Fred Jackson Tuckpointing Co., Inc. of Dubuque, IA and the City Manager is hereby di-
rected to execute a Public Improvement Contract on behalf of the City of Dubuque for
the Project.
Passed, approved and adopted this 2nd day of June, 2014.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
COUNCIL MEMBER REPORTS
Council Member Jones reported on Fire Captain Dennis Bradley's article published
for the Iowa Emergency Medical Services Association.
Council Member Connors reminded everyone of Election Day, June 3.
Council Member Resnick asked that discussion about the Public Input section of the
agenda be included in the City Council's annual goal setting session.
PUBLIC INPUT
Jacob Long, 4604 Cardinal Dr., expressed his opinion about the Public Input section
of the agenda, stating that he is distributing a petition for 1,000 names to request that
the City Council move the section to the beginning of the meeting agenda.
Rich Mieske, 3199 Sheridan Rd., expressed his opinion about what he believes are
high city taxes and debt capacity and provided his thoughts on gun control and registra-
tion
David Wallen, 1490 N. Grandview Ave., expressed his opinion about the recent ex-
change of an American soldier for four Afghan prisoners of war as unacceptable and
asked the City Council to consider submitting a resolution to the U.S. Congress to that
effect.
There being no further business, upon motion the City Council adjourned at 7:29 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
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