3 2 15 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on March 2, 2015 in the His-
toric Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton;
Assistant City Manager Goodmann, 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
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the Resolutions, and dispose of
as indicated. Seconded by Jones. Council Member Connors requested Number 5. Request to
Reschedule Sustainable Dubuque Work Session and Number 21. Request for Work Session
- Catfish Creek Watershed Management Authority be held for separate discussion. Motion
carried 7-0.
Motion by Connors to receive and file the documents and dispose of as indicated. Se-
conded by Resnick. Motion carried 7-0.
1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 1/27;
Catfish Creek Watershed Management Authority of 12/3/14; Civil Service Commission of
2/20; City Council Proceedings of 2/16 and 2/23; Historic Preservation Commission of 2/19;
Human Rights Commission of 1/12; Long Range Planning Advisory Commission of 2/18;
Proof of Publication for City Council Proceedings of 2/2, 2/5, and 2/4. Upon motion the docu-
ments were received and filed.
2. Notice of Claims and Suits: Janna Frost for property damage; Shila Johnson for person-
al injury; Carl Noel for property damage; Danyiel Peterson for property damage; Barbara
Soley for property damage; Audrea Steward for personal injury; Swiss Valley Farms Cooper-
ative 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 re-
ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance
Pool: Janna Frost for vehicle damage; Shila Johnson for personal injury; Danyiel Peterson for
property damage; Audrea Steward for personal injury; Swiss Valley Farms Cooperative for
personal injury / vehicle damage. Upon motion the documents were received, filed and con-
curred.
4. 2015 Federal Legislative Priorities: City Manager recommending adoption of the 2015
Federal Legislative Priorities. Upon motion the documents were received, filed and approved.
5. Request to Reschedule Sustainable Dubuque Work Session: City Manager recom-
mending approval to reschedule the Sustainable Dubuque Work Session from March 16 to
May 4. Motion by Connors to receive and file the documents and dispose of as indicated. Se-
conded by Resnick. Motion carried 7-0.
6. Midtown Loop & Feeder Grant Certificate of Completion: City Manager recommending
acceptance of the Mid -Town Loop & Feeder Pilot Route Project as completed. Upon motion
the documents were received, filed and approved.
7. Urban Revitalization Applications: City Manager recommending approval of 15 applica-
tions for residential property tax exemption. Upon motion the documents were received, filed
and Resolution No. 57-15 Approving property tax abatement applications submitted by prop-
erty owners in recognized Urban Revitalization areas and authorizing the transmittal of the
approved applications to the City Tax Assessor was adopted.
RESOLUTION NO. 57-15
APPROVING PROPERTY TAX ABATEMENT APPLICATIONS SUBMITTED BY PROPER-
TY OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND AUTHORIZING
THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY TAX ASSES-
SOR
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 areas;
and
Whereas, the Urban Revitalization Act requires property owners to submit a written appli-
cation for abatement by February 1 of the assessment year for which the abatement is first
claimed, and further requires the City Council to approve all applications that meet the re-
quirements of the adopted Urban Revitalization Plan and forward the approved applications
to the City Assessor for review by March 1 of each year; and
Whereas, pursuant to the requirements of said Urban Revitalization Act, the following Ur-
ban Revitalization Areas were established: Upper Main, Jackson Park, Washington Neigh-
borhood, West 11th Street, Upper Main, Cathedral, and Old Main; and
Whereas, the City of Dubuque, as of February 1, 2015, received tax abatement applica-
tions from the following property owners in the aforementioned urban revitalization districts;
UpperMain Urban RevitalizationArea,establishedAugust,1995
1172 Main Street - Carol Wissell Lammers
Jackson ParkUrban RevitalizationArea,establishedOctober, 1980
407 Loras Blvd - Weaver Castle LLC
409 Loras Blvd - Weaver Castle LLC
Washington Neighborhood Urban RevitalizationArea,establishedMarch2007
155 East 12th St - David & Patricia Beals
1530 Jackson St - Heidi Zull & Rich Rossignol
1635 Washington St - Aline J Crow
West1 1 th StreetUrbanRevitalizationArea,establishedMarch,1981
1595 Fairview Place - Joe Kuhse
799 University Avenue - Pamela J. Voteberg
583 Loras Blvd - Brothers Twice, LLC
550 Arlington St - Jason Schneider
789 University Avenue - Brian & Samantha Graham
Cathedral Urban RevitalizationArea,established Decem ber2002
189 St. Marys St - Beverly Ann Oestreich
263 Main St - Robert McCoy
265 Main St - Robert McCoy
Whereas, the City of Dubuque, as of February 1, 2015, received tax abatement applica-
tions from the following property owners in the aforementioned urban revitalization districts
are eligible for partial abatement;
Washington Neighborhood Urban RevitalizationArea,establishedMarch2007
1785 Washington St - Bailey Hemenway* (7 year exemption)
Whereas, the Housing and Community Development Department and Building Services
Department have reviewed the above-described applications and inspected the properties,
and have determined that the applications and the improvements conform to all requirements
of the City of Dubuque's Urban Revitalization Plans.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the above-described tax abatement applications meet the requirements of
the City of Dubuque's Urban Revitalization Plans.
Section 2. That the above-described tax abatement applications are hereby approved by
the City Council, subject to the review and approval of the City Assessor.
Section 3. That the City Clerk is hereby authorized and directed to forward the above- de-
scribed tax abatement applications to the City Assessor.
Passed, approved and adopted this 2nd day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
8. Consent Decree Semi Annual Report: City Manager recommending approval to certify
the March 31st Semi Annual Consent Decree Report to be submitted to the U.S. Department
of Justice, U.S. EPA and the Iowa Department of Natural Resources. Upon motion the docu-
ments were received, filed and approved.
9. Legislative Correspondence: Communication to the Legislative Information Office ex-
pressing the City of Dubuque's opposition to the Residential Occupancy Bill as well as to the
Governor's Justice Department Appropriations Bill. Upon motion the documents were re-
ceived and filed.
10. East Central Intergovernmental Association (ECIA) Administrative Services Contract
Amendment #4: City Manager recommending review and approval of the 4th Amendment of
East Central Intergovernmental Association's contract for administrative services related to
the Linseed Oil Building portion of the City's Community Development Block Grant contract
#08-DRH-212. Upon motion the documents were received, filed and Resolution No. 58-15
Approving Amendment # 4 to the Contract for Services with East Central Intergovernmental
Association was adopted.
RESOLUTION NO. 58-15
APPROVING AMENDMENT # 4 TO THE CONTRACT FOR SERVICES WITH EAST CEN-
TRAL INTERGOVERNMENTAL ASSOCIATON
Whereas, the City of Dubuque (City) and East Central Intergovernmental Association
(ECIA) entered into a Contract for Services (the Contract), as amended; and
Whereas, City and ECIA desire to amend the Contract as set forth in the attached
Amendment #4.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA: Amendment #4 to the Contract for Services is hereby approved.
Passed, approved, and adopted this 2nd day of March 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
11. Special Assessment - 1849 Jackson Street Demolition: City Manager recommending
that the cost of demolition and related work for 1849 Jackson Street be assessed to the
property. Upon motion the documents were received, filed and Resolution No. 59-15 Adopt-
ing the Schedule of Special Assessment for a lien against the property at 1849 Jackson
Street and directing the City Clerk to certify the Schedule of Assessment to the County
Treasurer and to publish notice thereof was adopted.
RESOLUTION NO. 59-15
ADOPTING THE SCHEDULE OF SPECIAL ASSESSMENT FOR A LIEN AGAINST THE
PROPERTY AT 1849 JACKSON STREET AND DIRECTING THE CITY CLERK TO CERTI-
FY THE SCHEDULE OF ASSESSMENT TO THE COUNTY TREASURER AND TO PUB-
LISH NOTICE THEREOF
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That after full consideration of the Schedule of Assessments attached hereto for non-
payment of assessments applied by Section 14-3-4 of the City Code which Schedule of As-
sessments was filed in the office of the City Clerk on the 12th day of February, 2015 the said
Schedule of Assessments be and the same is hereby approved and adopted.
That there be, and is hereby assessed and levied as a lien upon the real property, the re-
spective sums indicated.
That the City Clerk be and is hereby directed to certify said schedule to the County Treas-
urer of Dubuque County, Iowa, and to publish notice of said certification once each week for
two (2) consecutive weeks in the manner provided in Iowa Code §362.3, the first publication
of which shall be not more than fifteen (15) days from the date of filing of the final schedule.
On or before the date of the second publication of the notice, the City Clerk shall also mail a
copy of said notice to property owners whose property is subject to assessment, as provided
and directed in Iowa Code §384.60.
The assessments may be paid in full or in part without interest at the Utility Billing Office,
City Hall; 50 W. 13th Street, Dubuque, Iowa, at any time within thirty (30) days after the date
of the first publication of the notice of the filing of the Schedule of Assessments with the
County Treasurer. After thirty (30) days, unpaid assessments are payable at the County
Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and
charges shall be collected in the same manner as general property taxes against the respec-
tive parcels of the property set opposite the name of the property owner.
Passed, approved and adopted this 2nd day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
SCHEDULE OF ASSESSMENTS
1849 JACKSON STREET
Chad R. Hansen, Parcel #10.24.257.012
Vendor, Service, Amount
1. Wayne Sharkey, Demolition, $9,900
2. Wayne Sharkey, Asbestos Removal, $27,550
Total $37,450
12. Delinquent Grass/Weed Cutting and Garbage Collection Accounts: City Manager rec-
ommending adopting of a Resolution authorizing the City 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, filed
and Resolution No. 60-15 Authorizing the City to collect delinquent grass and weed cutting
and garbage collection charges in accordance with Title 6-6- 3C2o; Title 6-6-4B3 & Title 6-6B
of the Code of Ordinances of the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 60-15
AUTHORIZING THE CITY TO COLLECT DELINQUENT GRASS AND WEED CUTTING
AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-6- 3C2o; TI-
TLE 6-6-4B3 & TITLE 6-6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBU-
QUE, 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 welfare 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 certi-
fied by the City Clerk to the Dubuque County Treasurer for collection with, and in the same
manner as general property taxes;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section I. That the persons listed on the attached Grass/Weed/Garbage Assessment
Schedule are delinquent in the payment of grass and weed cutting and garbage collection
charges:
Section 2. That the City Clerk be and is hereby ordered and directed to certify to the Coun-
ty 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 2nd day of March, 2015.
Roy D Buol, Mayor
Attest: Trish L Gleason, Assistant City Clerk
13. Pre -Annexation Agreement - Arboretum Development, LLC: City Manager recom-
mending approval of a Pre -Annexation Agreement with Arboretum Development, LLC in con-
junction with their request for approval of a Final Plat in Dubuque County, in accordance with
the City of Dubuque Fringe Area Development Standards. Upon motion the documents were
received, filed and Resolution No. 61-15 Approving a Pre -Annexation Agreement between
the City of Dubuque, Iowa and Arboretum Development, LLC was adopted.
RESOLUTION NO. 61-15
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND ARBORETUM DEVELOPMENT, LLC
Whereas, Arboretum Development, LLC, the owner of the following described property in
Dubuque County, Iowa (the Property) has submitted to the City Council of the City of Dubu-
que an application for voluntary annexation of the Property to the City of Dubuque:
Lot A and Lots 7 through 11, Inclusive, of Derby Grange No. 3, located in the SE 1/4 of Sec-
tion 8, T89N, R2E of the 5th P.M. in Dubuque County, Iowa; and
Whereas, Arboretum Development, LLC has entered into a Pre -annexation Agreement
with the City of Dubuque, a copy of which is attached hereto governing the future annexation
of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of the
City of Dubuque, necessary for the future orderly growth and development of the City of
Dubuque, and will promote efficient and cost effective extension of municipal services; and
Whereas, the City Council finds that the annexation of the Property is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Arboretum Development, LLC
and the City of Dubuque is hereby approved.
Passed, approved and adopted this 2nd day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
14. Iowa 32 Trail Phase 3 Notice of Use Restrictions: City Manager recommending ap-
proval of a Notice of Use Restrictions for the Iowa 32 Bike/Hike Trail -Phase 3 and authorize
the City Clerk to record the Notice of Use Restrictions with the Dubuque County Recorder.
Upon motion the documents were received, filed and Resolution No. 62-15 Approving the No-
tice of Use Restrictions related to Phase 3 of the Iowa 32 Bike/Hike Trail was adopted.
RESOLUTION NO. 62-15
APPROVING THE NOTICE OF USE RESTRICTIONS RELATED TO PHASE 3 OF THE
IOWA 32 BIKE/HIKE TRAIL
Whereas, the Iowa Department of Natural Resources (IDNR) provided the City of Dubuque
with a Resource Enhancement and Protection (REAP) grant for construction of Phase 3 of
the Iowa 32 (Northwest Arterial) Bike/Hike Trail; and
Whereas, the City of Dubuque agreed to abide by all local, state and federal requirements
applicable to the REAP grant agreement #10 -R4 -VK with the IDNR for said trail project; and
Whereas, said REAP grant agreement requires that the City of Dubuque maintain said pro-
ject for its designated use as a public trail for a minimum of twenty-five (25) years.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby agrees to the terms of the Notice of Use Restrictions
provided by the IDNR for Phase 3 of the Iowa 32 Bike/Hike Trail.
Section 2. The City Clerk hereby is authorized to record said Notice of Use Restrictions
with the Dubuque County Recorder.
Passed, approved and adopted this 2nd day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
15. Sedgwick - Iowa Values Fund Contract Amendment: City Manager recommending ap-
proval of an amendment to an Iowa Values Fund agreement with the Iowa Economic Devel-
opment Authority and Sedgwick Claims Management Service, Inc. Upon motion the docu-
ments were received, filed and Resolution No. 63-15 Authorizing a Contract Amendment to
the Economic Development Financial Assistance Contract by Sedgwick Claims Management
Services, Inc., the City of Dubuque, and the Iowa Department of Economic Development was
adopted.
RESOLUTION NO. 63-15
AUTHORIZING A CONTRACT AMENDMENT TO THE ECONOMIC DEVELOPMENT FI-
NANCIAL ASSISTANCE CONTRACT BY SEDGWICK CLAIMS MANAGEMENT SER-
VICES, INC., THE CITY OF DUBUQUE, AND THE IOWA DEPARTMENT OF ECONOMIC
DEVELOPMENT
Whereas, Sedgwick Claims Management, Inc. (Sedgwick) and the City of Dubuque (City)
entered into The Economic Development Financial Assistance Contract (the Contract) with
the Iowa Economic Development Authority (IEDA) for the expansion of Sedgwick's opera-
tions in Dubuque and Bellevue, Iowa; and
Whereas, Sedgwick's actual project budget differs from the budget described in the Con-
tract; and
Whereas, the IEDA Board approved revisions to the project budget to reflect actual costs,
effective October 17, 2014; and
Whereas, the parties now desire to amend the Contract to reflect the actual project budget
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 Manager is
hereby directed to submit the Contract Amendment to the Iowa Economic Development Au-
thority together with such other documents as may be required.
Passed, approved, and adopted this 2nd day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
16. Tri-State Modelers - Renewal of Lease: City Manager recommending approval of a
one-year lease agreement with Tri-State Modelers that may be renewed by mutual agree-
ment for four more one-year terms for a section of the former Roosevelt Park. Upon motion
the documents were received, filed and approved.
17. Support Letters for Community Health Centers 2015: City Manager recommending ap-
proval for the Mayor to sign letters of support on behalf of Crescent Community Health Cen-
ter in support of not cutting Federally Qualified Health Centers funding. Upon motion the doc-
uments were received, filed and approved.
18. Growing Sustainable Communities Conference contract with Sustainable City Network:
City Manager recommending approval of a contract with Sustainable City Network, which is
owned and operated by Woodward Communications, Inc., to host the 2015 Growing Sustain-
able Communities Conference and the registration fee as scheduled. Upon motion the docu-
ments were received, filed and approved.
19. Federal Communication Commission (FCC) Franchising Appeal Request: City Manag-
er recommending approval to participate in the potential appeal of an FCC order which may
open the door for cable operators to deduct I -Net support and other in-kind services from
their franchise fee payment. Upon motion the documents were received, filed and approved.
20. Timber-Hyrst Subdivision Phase 4 Storm Water Management: City Engineer Gus Psi-
hoyos providing information regarding Timber-Hyrst Subdivision storm water management
concerns. Upon motion the documents were received, filed.
21. Request for Work Session - Catfish Creek Watershed Management Authority: City
Manager recommending a work session be set for April 6, 2015 at 5:30 PM on the Catfish
Creek Watershed Management Plan. Motion by Connors to receive and file the documents
and dispose of as indicated. Seconded by Resnick. Motion carried 7-0.
22. Alcohol License Applications: City Manager recommending approval of annual liquor,
beer, and wine licenses as submitted. Upon motion the documents were received, filed and
Resolution No. 64-15 Approving applications for beer, liquor, and/or wine permits, as required
by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2
Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted.
RESOLUTION NO. 64-15
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS RE-
QUIRED 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
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and
filed with the City Council for approval and the same have been examined and approved; and
Whereas, the premises to be occupied by such applicants were inspected and found to
comply with the Ordinances of the City and the applicants have filed the proper fees and
bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the not-
ed permit types to the following applicants pending submission of the locally required docu-
mentation:
Renewals
Dubuque Mining Co.
Mi Ranchito
The Clubhouse
Yardarm Restaurant/ Bar
555 JFK Rd
Kennedy Mall Suite #600
1091 University Ave.
2364 Washington St.
1201 Shires Avenue, Extension
Class C Liquor (Outdoor) (Sunday)
Class B Beer
Class C Liquor (Sunday)
Class C Liquor (Outdoor) (Sunday)
New
The Smokestack
Hy -Vee Market Cafe #3
Special Event
Joliet Building Corporation
Passed, approved and
62 East 7th St.
400 Locust St.
781 Locust St
Class C Liquor (Living Quarters) (Sun-
day)
Class C Liquor (Sunday)
Adding Outdoor Service
adopted this 2nd day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the Resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Se-
conded by Connors. Motion carried 7-0.
1. SRF Green Alley Project Bid Set 7 - Year 1: City Manager recommending that a public
hearing be set for April 6, 2015 for preliminary approval of the construction plans and specifi-
cations, approval of the Resolution of Necessity, approval of the Preliminary Schedule of As-
sessments and initiation of the public bidding process for the SRF Green Alley Bid Set 7 -
Year 1 Project. Upon motion the documents were received, filed and Resolution No. 65-15
Preliminary Approval of plans, specifications, form of contract, and estimated cost; setting
date of public hearing on plans, specifications, form of contract, and estimated cost; and or-
dering the advertisement for bids and Resolution No. 66-15 Approval of the plats, schedule of
assessments and estimate of total cost for the SRF Green Alley Bid Set 7 - Year 1 Project
and Resolution No. 67-15 of Necessity for the SRF Green Alley Big Set 7 - Year 1 Project
and Resolution No.68-15 Fixing date of public hearing on the Resolution of Necessity were
adopted. A public hearing is set for a meeting to commence at 6:30 p.m. on April 6, 2015 in
the Historic Federal Building.
RESOLUTION NO. 65-15
SRF GREEN ALLEY BID SET 7 YEAR 1 PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA-
TIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVER-
TISEMENT 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 SRF Green
Alley Bid Set 7 — Year 1 Project in the estimated amount $271,763.75, are hereby preliminari-
ly approved and ordered filed in the office of the City Clerk for public inspection.
A public hearing will be held on the 6th day of April, 2015, at 6:30 p.m. in the Historic Fed-
eral 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 estimated cost of
said Project, and the City Clerk be and is hereby directed to cause the attached notice of the
time and place of such hearing to be published in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested person may
appear and file objections to the proposed plans, specifications, form of contract, or estimat-
ed cost of the Project.
The SRF Green Alley Bid Set 7 —Year 1 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 con-
form 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 improve-
ments herein provided, by publishing the attached Notice to Bidders to be published 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 9th day of April, 2015. 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
20th day of April, 2015, in the Historic Federal Building Council Chambers (second floor), 350
West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 2nd day of March, 2015
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
RESLOUTION NO. 66-15
APPROVING THE PLATS, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF TOTAL
COST FOR THE SRF GREEN ALLEY BID SET 7 - YEAR 1 PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached plats, schedule of assessments, and estimate of total cost for the SRF
Green Alley Bid Set 7 — Year 1 Project are hereby approved.
Passed, approved and adopted this 2nd day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant. City Clerk
RESOLUTION NO. 67-15
RESOLUTION OF NECESSITY FOR THE SRF GREEN ALLEY BID SET 7 - YEAR 1 PRO-
JECT
Whereas, the plat, schedule of assessments, and estimate of total cost for the SRF Green
Alley Bid Set 7 — Year 1 Project have been duly prepared and approved by the City Council
of the City of Dubuque and ordered placed on file in the office of City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The SRF Green Alley Bid Set 7 - Year 1 Project will provide: Reconstruction of Three (3)
alleys using interlocking concrete pavers
Reconstruction of the pavement surface with interlocking concrete pavers.
Installation of concrete pavement to hold bricks in place.
Installation of concrete street headers and driveway headers
Installation of ADA detectible warning panels and miscellaneous sidewalk at alley cross-
ings.
There is on file in the office of the City Clerk an estimated total cost of the work, and a pre-
liminary plat and schedule showing the amount proposed to be assessed to each lot for the
improvement.
The date, time, and place the council will hear property owners subject to the assessment
and interested parties for or against the improvement, its cost, the assessment, or the
boundaries of the district:
That the City Council deems it advisable and necessary for the public welfare to make the
herein mentioned improvements.
Unless a property owner files objections with the City Clerk at the time of hearing on the
resolution of necessity, the property owner is deemed to have waived all objections pertaining
to the regularity of the proceeding and the legality of using the special assessment proce-
dure.
Said improvements shall be constructed in accordance with the plans and specifications
which have been approved by the City Council and are now on file in the Office of the City
Clerk. The cost of making such improvement will be assessed against property lying with the
assessment limits.
The above resolution was introduced, approved and ordered placed on file with the City
Clerk this 2nd day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
RESOLUTION NO. 68-15
FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY
Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary approval
to the plat, schedule of assessments, and estimated total cost for the SRF Green Alley Bid
Set 7 — Year 1 Project and ordered the plat, schedule of assessments, and estimate of total
cost placed on file in the Office of the City Clerk; and
Whereas, the proposed Resolution of Necessity for Project has been introduced and is
now on file in the Office of the City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The City Council will meet on the 6th day of April, 2015, at 6:30 p.m. in the Historic Federal
Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. at which time
the owners of property subject to assessment for the proposed improvement or any other
person having an interest in the matter may appear and be heard for or against the making of
the improvement, the boundaries of the district, the cost, the assessment against any lot, or
the final adoption of a resolution of necessity.
A property owner will be deemed to have waived all objections unless at the time of hear-
ing the property owner has filed objections with the City Clerk.
The City Clerk be and is hereby authorized and directed to cause a 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 once each week for two consecutive weeks,
the first publication of which shall be not less than ten days prior to the day fixed for its con-
sideration.
Passed, adopted and approved this 2nd day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
2. Maquoketa Valley Electric Cooperative Franchise Agreement: City Attorney recom-
mending that a public hearing be set for March 12, 2015 amending the City of Dubuque Code
of Ordinances Section 11-5B-23, by increasing the franchise fee to 5% of the gross revenue
generated from the sale of electricity within the city by Maquoketa Valley Electric Coopera-
tive. Upon motion the documents were received, filed and Resolution No. 69-15 Setting a
public hearing on an Amendment to City of Dubuque Code of Ordinances Sec. 11-5B-23:
Franchise Fee, which imposed a franchise fee of three percent (3%) on the gross revenue
generated from the distribution and sale of electricity by Maquoketa Valley Electric Coopera-
tive within the City of Dubuque, by increasing such fee to five percent (5%) was adopted set-
ting a public hearing for a meeting to commence at 6:30 p.m. on March 12, 2015 in the His-
toric Federal Building.
RESOLUTION NO. 69-15
SETTING A PUBLIC HEARING ON AN AMENDMENT TO CITY OF DUBUQUE CODE OF
ORDINANCES SEC. 11-5B-23: FRANCHISE FEE, WHICH IMPOSED A FRANCHISE FEE
OF THREE PERCENT (3%) ON THE GROSS REVENUE GENERATED FROM THE DIS-
TRIBUTION AND SALE OF ELECTRICITY BY MAQUOKETA VALLEY ELECTRIC COOP-
ERATIVE WITHIN THE CITY OF DUBUQUE, BY INCREASING SUCH FEE TO FIVE PER-
CENT (5%)
Whereas, City of Dubuque Ordinance No. 20-04 (City of Dubuque Code of Ordinances Ti-
tle 11, Chapter 5B), adopted by the City Council on the 5th day of April, 2004, granted to Ma-
quoketa Valley Electric Cooperative, its successors and assigns (hereinafter referred to col-
lectively as the Company), nonexclusive authority through October 3, 2018, to maintain and
operate its electrical system within the limits of the city of Dubuque; and
Whereas, City of Dubuque Code of Ordinances §11-5B-23 imposes a franchise fee equal
to three percent (3%) of the gross revenue of the Company generated from the sale of elec-
tricity within the city of Dubuque; and
Whereas, the City Council has determined that it is in the best interests of the City of
Dubuque to increase such franchise fee to five percent (5%); and
Whereas, Iowa law requires that the City Council hold a public hearing on the question of
the adoption of an Ordinance amending the Franchise Agreement, a copy of which is at-
tached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE, IOWA
AS FOLLOWS:
Section 1. A public hearing on the question of the adoption of the attached Ordinance
amending Section 11-5B-23 of the City of Dubuque Code of Ordinances is hereby set for the
12th day of March, 2015 in the City Council Chambers, Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, beginning at 6:30 p.m.
Section 2. The City Council hereby dispenses with an election on the adoption of the Ordi-
nance as provided by Iowa Code sec. 364.2(4)(b).
Section 3. The City Clerk shall publish notice of the public hearing as required by law.
Passed, approved and adopted the 2nd day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
BOARDS/COMMISSIONS
Applications to the following Boards/Commissions were reviewed. Applicants were invited
to address the City Council on their respective appointment.
Library Board of Trustees (MAYOR APPOINTMENT): One, 4 Year term through July 1, 2016
(Vacant term of Anderson -Bricker) Applicants: Tom Hamilton, 982 Center PI., Pat Maddux,
1685 Fox Dr., Christina Monk, 2005 N. Main St.
Ms. Monk, Mr. Hamilton and Mr. Maddux spoke in support of their individual appointment.
Additional applicant Angela Allred spoke in support of her appointment.
Mechanical Code Board: One, 3 year term through March 16, 2018 (Expiring term of Valas-
key) Applicant: Corey Valaskey, 1385 Alta Vista
Appointment was made to the following Commission.
Investment Oversight Advisory Commission: One, 3 year term through July 1, 2015 (Va-
cant term of Runde) Applicant: Rachael Ferraro, 2538 Jackson St. Motion by Connors to ap-
point Rachael Ferraro to a 3 -year term through July 1, 2015. Seconded by Jones. Motion car-
ried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council on the following items:
1. Sale of City -Owned Property - 1318 Jackson Street: Proof of publication on notice of
public hearing to approve the sale of City -Owned property located at 1318 Jackson Street to
Alison G. Levasseur and Shane P. Lenane and the City Manager recommending approval.
Motion by Jones to receive and file the documents and adopt Resolution No. 70-15 Approv-
ing the sale of real estate specifically North Half of Lot 56 in East Dubuque an Addition to the
City of Dubuque, Iowa, According to the recorded plat thereof - 1318 Jackson Street. Se-
conded by Resnick. Motion carried 7-0.
RESOLUTION NO. 70-15
APPROVING THE SALE OF REAL ESTATE SPECIFICALLY NORTH HALF OF LOT 56 IN
EAST DUBUQUE AN ADDITION TO THE CITY OF DUBUQUE, IOWA, ACCORDING TO
THE RECORDED PLAT THEREOF - 1318 JACKSON STREET
Whereas, pursuant to a notice, duly published in the Telegraph Herald newspaper, the City
Council of Dubuque, Iowa, met on February 16, 2015, in the Dubuque Historic Federal Build-
ing, 350 West 6t Street, Dubuque, Iowa to consider the proposal to dispose of City -owned
real estate located at 1318 Jackson Street; and
North half of Lot 56 in East Dubuque an Addition to the City of Dubuque, Iowa, according
to the recorded plat thereof; and
Whereas, qualifying homebuyers, Alison G. Levasseur and Shane P. Lenane, have signed
an offer to purchase and have obtained financing from a local lender; and
Whereas, the City Council of the City of Dubuque, Iowa has overruled any and all objec-
tions, oral and written, to the proposal to dispose of the interest of the City of Dubuque, Iowa,
in the herein and above-named real estate to the above-named grantee.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the sale of the following legally- de-
scribed property:
North half of Lot 56 in East Dubuque an Addition to the City of Dubuque, Iowa, accord-
ing to the recorded plat thereof; at the cost of One Hundred Five Thousand Dollars
($105,000).
Section 2. That the City of Dubuque be and is hereby authorized to provide a Warranty
Deed to the buyer, conveying the City's interest to Alison G. Levasseur and Shane P. Lenane
for the herein -described real estate.
Section 3. That the City Clerk be and she is hereby authorized and directed to cause said
Warranty Deed to be recorded in the Office of the Dubuque County Recorder.
Passed, Approved and Adopted this 2nd day of March, 2015.
Roy D Buol, Mayor
Attest: Trish Gleason, Assistant City Clerk
Upon motion the rules were reinstated 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 De-
velopment Corporation. Motion by Lynch to receive and file the documents and listen to
presentation. Seconded by Resnick. Mr. Dickinson responded to questions from Council
member Resnick. Motion carried 7-0.
2. SRF Green Alley Project Bid Set 3 - Year 2 Award: City Manager recommending award
of the SRF Green Alley Bid Set 3 — Year 2 Project construction contract to the low bidder
Portzen Construction. Motion by Connors to receive and file the documents and adopt Reso-
lution No. 71-15 Awarding Public Improvement Contract for the SRF Green Alley Bid Set 3 -
Year 2 Project. Seconded by Braig. Civil Engineer Jon Dienst responded to questions from
Council member Connors. Motion carried 7-0.
RESOLUTION NO. 71-15
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SRF GREEN ALLEY BID
SET 3 — YEAR 2 PROJECT
Whereas, sealed proposals have been submitted by contractors for the SRF Green Alley
Bid Set 3 — Year 2 Project (the Project) pursuant to Resolution No. 21-15 and Notice to Bid-
ders published in a newspaper published in the City of Dubuque, Iowa on the 23rd day of
January, 2015.
Whereas, said sealed proposals were opened and read on the 19th day of February, 2015,
and it has been determined that Portzen Construction of Dubuque, Iowa, with a bid in the
amount of $1,475,768.50, 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 Portzen Con-
struction and the City Manager is hereby directed to execute a Public Improvement Contract
on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 2nd day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
3. SRF Green Alley Project Bid Set 6 Year - 1 Award: City Manager recommending award
of the SRF Green Alley Bid Set 6 — Year 1 Project construction contract to the low bidder
Drew Cook & Sons Excavating. Motion by Connors to receive and file the documents and
adopt Resolution No. 72-15 Awarding the Public Improvement Contract for the SRF Green
Alley Bid Set 6 - Year 1 Project. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 72-15
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SRF GREEN ALLEY BID
SET 6 — YEAR 1 PROJECT
Whereas, sealed proposals have been submitted by contractors for the SRF Green Alley
Bid Set 6 — Year 1 Project (the Project) pursuant to Resolution No. 25-15 and Notice to Bid-
ders published in a newspaper published in the City of Dubuque, Iowa on the 23rd day of
January, 2015.
Whereas, said sealed proposals were opened and read on the 19th day of February, 2015,
and it has been determined that Drew Cook & Sons Excavating of Dubuque, Iowa, with a bid
in the amount of $284,934.20, 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 Drew Cook &
Sons Excavating and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 2nd day of March, 2015.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
4. Environmental Protection Agency (EPA) PM Advance Path Forward: City Manager rec-
ommending approval of the revised Path Forward for submittal to the Environmental Protec-
tion Agency's PM Advance Program. Motion by Lynch to receive and file the documents and
approve the recommendation. Seconded by Connors. Sustainable Community Coordinator
Cori Burbach responded to questions from council. Council person Braig read into the record
an email from citizen Paul Schultz. Motion carried 7-0.
PUBLIC INPUT
Jacob Long, 4604 Cardinal Dr., addressed the council stating his concerns regarding the
cities credit rating as well as the upcoming budget discussions.
Allen Troupe, 2003 Key Way Apt. 2, addressed the council regarding the cost of cleanup of
a vandalized parking ramp as well as the increase in inspection fees.
CLOSED SESSION
Property Acquisition - Code of Iowa Chapter 21.5 (1)(j)
Motion by Jones to convene in closed session at 7:12 p.m. to discuss property acquisition
pursuant to Chapter 21.5(1)(j) of the Code of Iowa. Seconded by Resnick. Motion carried7-0.
Upon motion the City Council reconvened in open session at 7:42 p.m. stating that staff
had been given proper direction.
There being no further business, upon motion the City Council adjourned at 7:43 p.m.
/s/Trish L. Gleason, CMC
Assistant City Clerk
1t 3/11