4 20 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 April 20, 2015 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol (via phone); Mayor Pro Tem Braig; Council Members Connors,
Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl
Mayor Pro Tem Braig 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 be-
fore the City Council.
PLEDGE OF ALLEGIANCE
INTRODUCTION
1. International City/County Management Association Fellowship Exchange Program:
City Manager welcomed and introduced ICMA Fellow Lieutenant Colonel Greg Ank of
Fort Sam, Houston, Texas.
PROCLAMATION(S)
1. Community Days of Caring Weekend (April 24 & 25, 2015) was accepted by CDC
Committee Members Lisa Bauer and Julie Kronlage;
2. Dubuque Yoga Festival Weekend (May 1-3, 2015) was accepted by Julia and
Scott Theisen of Body and Soul Spa;
3. Laughter Day (May 4, 2015) was accepted by Patrick Sterenchuk of Laughter Yo-
ga.
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 4/6, Civil Service
Commission of 4/8, Human Rights Commission of 3/9, Library Board of Trustees Report
of 4/1, Zoning Advisory Commission of 4/1, Zoning Board of Adjustment of 3/26, Proof
of Publication for City Council Proceedings of March 12 & 16, Proof of Publication for
List of Claims and Summary of Revenues for Month Ending 2/28. Upon motion the doc-
uments were received and filed.
2. Notice of Claims and Suits: Robert & Sally Boynton for vehicle damage, Betty
Brennan for property damage, David & Margaret Ehlers for property damage, Thomas
Gaul/JC Real Estate for property damage, Ernesto Gutierrez for vehicle damage, Karen
Harrington for property damage, Harold & Betty Welter for property damage. Upon mo-
tion the documents were received, filed and referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Betty Brenan for property damage, Robert & Sally Boynton for vehicle
damage, Thomas Gaul/JC Real Estate for property damage, Ernesto Gutierrez for vehi-
cle damage, Karen Harrington for property damage, Trigger Happy Tattoo for loss of
revenue, Harold and Betty Welter for property damage. Upon motion the documents
were received, filed and concurred.
4. Sustainable Dubuque Community Grant Recommendations: City Manager recom-
mending funding of nine Sustainable Dubuque Community grant requests as submitted
by Sustainable Dubuque Coordinator Cori Burbach and the Application Review Commit-
tee. Upon motion the documents were received, filed and approved.
5. Storybook Hill Children's Zoo Boosters - Renewal of Lease: City Manager recom-
mending approval of a one-year lease that may be renewed by mutual agreement for
four more one-year terms with Dubuque Children's Zoo Boosters, Inc., for approximately
ten acres of Roosevelt Park on North Cascade Road to operate the Storybook Hill Chil-
dren's Zoo. Upon motion the documents were received, filed and approved.
6. Five Flags Center - Fiscal Year 2016 Detailed Operating Budget: City Manager
recommending approval of the Fiscal Year 2016 Five Flags Center proposed operating
budget submitted by SMG. Upon motion the documents were received, filed and ap-
proved.
7. Lower Main Development, LLC Subordination Agreement: City Manager recom-
mending approval of the execution of the Subordination Agreement with Lower Main
Development, LLC for the mortgage on the property located at 137 Main Street. Upon
motion the documents were received, filed and approved.
8. Linseed Oil Paintworks Building Project - Contract Amendment No. 7: City Manag-
er recommending approval of an amendment to the CDBG Contract extending the com-
pletion deadline to December 31, 2015 for the Linseed Oil Paintworks Building project.
Upon motion the documents were received and filed and Resolution No. 121-15 Author-
izing the execution of an Amendment to the Community Development Block Grant
(CDBG) Housing Disaster Recovery Fund Contract between the Iowa Economic Devel-
opment Authority and the City of Dubuque for the Linseed Oil Paintworks Company
Building Extending the contract completion deadline was adopted.
RESOLUTION NO. 121-15
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE COMMUNITY DE-
VELOPMENT BLOCK GRANT (CDBG) HOUSING DISASTER RECOVERY FUND
CONTRACT BETWEEN THE IOWA ECONOMIC DEVELOPMENT AUTHORITY AND
THE CITY OF DUBUQUE FOR THE LINSEED OIL PAINTWORKS COMPANY BUILD-
ING EXTENDING THE CONTRACT COMPLETION DEADLINE
Whereas, the Iowa Economic Development Authority in Contract 08-DRH-212 (the
Contract) originally awarded CDBG funds to the City of Dubuque (City) for the redevel-
opment of the Caradco Building; and
Whereas, the Contract was amended to include funding for the residential rehabilita-
tion of the Linseed Oil Paintworks Building; and
Whereas, the Iowa Economic Development Authority amended the Contract on De-
cember 31, 2014 extending the completion date for the Contract to December 31, 2015,
a copy of which amendment is attached hereto (the Amendment); and
Whereas, the Iowa Economic Development Authority has requested that City execute
the Amendment; and
Whereas, the City Council finds that the Amendment is acceptable and necessary to
the growth and development of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Amendment is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute the Amendment
on behalf of the City of Dubuque and the City Clerk is directed to forward the executed
Amendment to the Iowa Economic Development Authority.
Passed, approved and adopted this 20th day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin Firnstahl, City Clerk
9. Pier Pressure Marine IA, Inc. - Collateral Assignment: City Manager recommend-
ing approval of the Collateral Assignment of Lease Agreement among Pier Pressure
Marine IA, Inc., Lessee (Borrower), City of Dubuque, Iowa, Lessor, and East Dubuque
Savings Bank, Lender. Upon motion the documents were received, filed and approved.
10. Arts and Culture Master Plan - Consultant Agreement: City Manager recommend-
ing approval of a contract between the City of Dubuque and Lord Cultural Resources to
develop an Arts and Culture Master Plan. Upon motion the documents were received,
filed and approved.
11. Dubuque Industrial Center Economic Development District - Agricultural Land Ar-
ea Agreement: City Manager recommending approval of an agreement between the
City and a property owner, Doris A. Graf, for the inclusion of her agricultural property in
the proposed expansion of the Dubuque Industrial Center Economic Development Dis-
trict. Upon motion the documents were received and filed and Resolution No. 122-15
Approving an agreement to include certain agricultural land in an amended Urban Re-
newal Plan for Dubuque Industrial Center Economic Development District was adopted.
RESOLUTION NO. 122-15
APPROVING AN AGREEMENT TO INCLUDE CERTAIN AGRICULTURAL LAND IN
AN AMENDED URBAN RENEWAL PLAN FOR DUBUQUE INDUSTRIAL CENTER
ECONOMIC DEVELOPMENT DISTRICT
Whereas, the City Council intends to consider an amended Urban Renewal Plan (the
Plan) under Iowa Code Chapter 403 and proceed with activities authorized under that
Chapter in the Dubuque Industrial Center Economic Development District (the District);
and
Whereas, Doris A. Graf owns agricultural land (the Property) as that term is defined
in Iowa Code Section 403.17(3) which requires that owners of such land must consent
to being included in the District; and
Whereas, Doris A. Graf desires to include the Property in the District; and
Whereas, Doris A. Graf has consented to the inclusion of her property in the District
through the execution of the attached Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Agreement between the City of Dubuque and Doris A. Graf is
hereby approved.
Passed, approved and adopted this 20th day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
12. Amendment to Collective Bargaining Agreement - Teamsters Local No. 120: City
Manager recommending an Amendment to the Collective Bargaining Agreement with
the Teamsters Union Local 120 to provide for a work week that consists of ten hours per
day and four days per week for the Maintenance -worker, Airfield Maintenance -workers
and Mechanic assigned to the Airport Department. Upon motion the documents were
received, filed and approved.
13. U.S. Army Corps of Engineers Correspondence: The City Manager transmitting
the City of Dubuque's comments to Rock Island District's letter inviting comments re-
garding possible future changes to Public Law 84-99 Rule Making. Upon motion the
document was received and filed.
14. Acquisition Plat - John F. Kennedy Road and West 32nd Street Right -of -Way: City
Manager recommending acceptance of additional right-of-way at the intersection of JFK
Road and West 32nd Street for certain intersection improvements required by agreement
with Kivlahan Farms, LLC. Upon motion the documents were received and filed and
Resolution No. 123-15 Approving the Acquisition Plat of Lots A and B of Block 2 of Ar-
bor Estates in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 123-15
APPROVING THE ACQUISITION PLAT OF LOTS A AND B OF BLOCK 2 OF AR-
BOR ESTATES IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
an Acquisition Plat dated April 13, 2015 prepared by Buesing and Associates Inc. de-
scribing Lots A and B of Block 2 of Arbor Estates in the City of Dubuque, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto; and
Whereas, upon said plat appears Lots A and B, together with certain easements for
public utilities, which Kivlahan Farms LLC, by said plat have dedicated to the public for-
ever; and
Whereas, the dedication of said lots as Right of Way is necessary for the accommo-
dation of certain roadway improvements at the intersection of John F. Kennedy Road
and West 32nd Street.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated April 13, 2015 prepared by Buesing and Associates
Inc., relative to the real estate hereinabove described be and the same is hereby ap-
proved, and the Mayor and City Clerk be and they are hereby authorized and directed to
execute said plat and on behalf of the City of Dubuque, Iowa.
Section 2. That the dedication of Lot A and Lot B of Arbor Estates Block 2 in the City
of Dubuque, for Right of Way purposes, together with the easements for public utilities
as they appear on said Acquisition Plat, be and the same are hereby accepted.
Section 3. That the City Clerk be and is hereby authorized and directed to file said
plat and certified copy of this resolution in the office of the Recorder, in and for Dubuque
County, Iowa.
Passed, approved and adopted this 20th day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
15. Iowa and Locust Streets Parking Ramps Repair Project Acceptance: City Manag-
er recommending acceptance of the construction contract for the Iowa and Locust
Streets Parking Ramps Repair Project, as completed by Western Waterproofing. Upon
motion the documents were received and filed and Resolution No. 124-15 Accepting the
Iowa and Locust Parking Ramp Repair Project and authorizing the payment of the con-
tract amount to the contractor was adopted.
RESOLUTION NO. 124-15
ACCEPTING THE IOWA AND LOCUST PARKING RAMP REPAIR PROJECT AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC-
TOR
Whereas, the Public Improvement Contract for the Iowa and Locust Parking Ramp
Repair Project (the Project) has been completed and the engineer of record has exam-
ined the work and filed a certificate stating that the Project has been completed accord-
ing to the terms of the Public Improvement Contract and that the engineer of record,
Walker Parking, recommends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the engineer is approved and the Project is here-
by accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from CIP
# 730-1671 appropriation for the contract amount of $405,327 less any retained per-
centage provided for therein as provided in Iowa Code chapter 573, and to pay such re-
tainage only in accordance with the provisions of Iowa Code chapter 573.
Passed, approved and adopted this 20th day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
16. Arrowhead Drive Storm Sewer Project Acceptance: City Manager recommending
that the completion and acceptance of the Arrowhead Drive Storm Sewer Project as
completed by Top Grade Excavating be officially recorded in the minutes of the City
Council. Upon motion the documents were received and filed and Resolution No. 139-
15 Authorizing the Arrowhead Drive Storm Sewer Project and authorizing the payment
to the contractor was adopted.
RESOLUTION NO. 139-15
ACCEPTING THE ARROWHEAD DRIVE STORM SEWER PROJECT AND AUTHOR-
IZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the Arrowhead Drive Storm Sewer Pro-
ject (the Project) has been completed has been completed by the Contractor, Top
Grade Excavating (Contractor), the City Engineer has examined the work and recom-
mends that the Project be accepted; and
Whereas, the final contract amount for the Project is $118,398.26; and
Whereas, the Contractor has previously been paid $112,478.35, leaving a balance of
$5,919.91; and
Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the bal-
ance of the retainage of $5,919.91 as provided in Iowa Code chapter 573, and to pay
such retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa
Code chapter 26.13.
Passed, approved and adopted this 20th day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE ARROWHEAD
DRIVE STORM SEWER PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Arrowhead Drive Storm Sewer Project, and that said Project has
been performed in compliance with the terms of the Public Improvement Contract, and
that the total cost of the completed work is $118,398.26.
Dated this 20th day of April, 2015.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 20th day of April, 2015.
/s/Kevin S. Firnstahl, City Clerk
17. 2015 Access Ramp Installation Project One Award: City Manager recommending
that the award for the 2015 Access Ramp Installation Project — Project One to Midwest
Concrete, Inc., be officially recorded in the minutes of the City Council. Upon motion the
documents were received, filed and made a Matter of Record.
18. Urban Deer Management Plan 2015-2016: City Manager recommending approval
of the 2015-2016 City of Dubuque Urban Deer Management Plan as approved by the
Environmental Stewardship Commission at their April 7, 2015 meeting. Upon motion the
documents were received, filed and approved.
19. Dubuque Metropolitan Area Solid Waste Agency: Correspondence from the
Dubuque Metropolitan Area Solid Waste Agency (DMASWA) advising the City of the
Agency's Fiscal Year 2016 budget and fee schedule. Upon motion the documents were
received and filed.
20. Dubuque Circles® Initiative Contract with Circles® USA: City Manager recom-
mending authorization for the Mayor to sign the contract with Circles® USA for consult-
ing services for the Dubuque Circles® chapter. Upon motion the documents were re-
ceived, filed and approved.
21. Mediacom Communications Company: Correspondence from Mediacom Com-
munications Company advising the City of programming changes effective on or about
June 1, 2015. Upon motion the document was received and filed.
22. Improvement Contracts / Performance, Payment and Maintenance Bonds: Iowa
Erosion Control, Inc. for the 2015 Asbury Road Pavement Rehabilitation Project;
Mueller, Inc. for the Fire Station 2 Restroom Remodel; Drew Cook & Sons Excavating
Co., Inc. for the SRF Green Alley Project Bid Set 6 - Year 1; Portzen Construction, Inc.
for the SRF Green Alley Project Bid Set 3 - Year 2. Upon motion the documents were
received, filed and approved.
23. Tobacco Compliance — Civil Penalty for Tobacco License Holder — The Great
Vape: City Manager recommending approval of the Acknowledgement/Settlement
Agreement for a tobacco compliance violation for The Great Vape, 3250 Central Ave-
nue. Upon motion the documents were received, filed and approved.
24. Alcohol Compliance Civil Penalty for Alcohol License Holder — Pizza Hut: City
Manager recommending approval of the Acknowledgment/Settlement Agreement for an
alcohol compliance violation for Pizza Hut #4691, 320 East 20th Street. Upon motion the
documents were received, filed and approved.
25. Alcohol and Tobacco License Renewals: City Manager recommending approval
of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion
the documents were received and filed and Resolution No. 125-15 Approving applica-
tions for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordi-
nances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B
Liquor, Beer and Wine Licenses and Permits; and Resolution No. 126-15 Approving ap-
plications for retail cigarette/tobacco sales permits, as required by Iowa Code 453A.47A
were adopted.
RESOLUTION NO. 125-15
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 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:
Renewals
Catfish Charlie's
1630 E 1e St. Class C Liquor (Outdoor) (Sunday)
Clarke University
1550 Clarke Dr.
Dubuque Arboretum As-
sociation Inc.
3800 Arboretum Dr.
Class C Liquor (Catering) Outdoor)
(Sunday)
Class B Native Wine (Sunday)
Dubuque Food Co-op
955 Washington St. Class C Beer, Class B Wine (Sunday)
Dubuque Lodge No. 355
2635 Windsor Ave. Class A Liquor (Outdoor) (Sunday)
Hartig Drug Co.
2255 JFK Rd.
Joliet Building Corporation 781 Locust St.
Class E Liquor, Class B Wine, Class C
Beer (Sunday)
Class C Liquor (Outdoor) (Sunday)
Kwik Stop 16`h Street #325
1210 E 16th St.
Lot One, LLC
Class E liquor, Class B Native Wine,
Class C Beer (Sunday)
100 Main St. Class C Liquor (Outdoor) (Sunday)
Monks Kaffee Pub
373 Bluff St. Class C Liquor (Outdoor) (Sunday)
Olive Garden #1516
3350 Dodge St. Class C Liquor (Sunday)
Paro Food Mart
3200 Central Ave. Class B Beer (Sunday)
Port of Dubuque Marina
450 East 3rd St.
Ron's Five Point Mart
Class B Beer, Class B Native Wine
(Outdoor) (Sunday)
405 Rhomberg Class C Beer (Sunday)
Shot Tower Inn
390 Locust Class C Liquor (Sunday)
Stone Cliff Winery, Inc.
600 Star Brewery Dr.
The Hub
Class C Native Wine (Outdoor) (Sun-
day)
253 Main Class C Liquor (Sunday)
Whiskey River
1064 University Ave. Class C Liquor (Sunday)
New
Heat Billards & Grill
1850 Central Class C Liquor (Sunday)
McAleece Complex
1801 Admiral Sheehy Dr.
Wingstop
Class B Beer, Class B Native Wine
(Outdoor) (Sunday)
2255 John F Kennedy 1 Class C Liquor (Sunday)
Passed, approved and adopted this 20th day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 126-15
APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES PER-
MITS, AS REQUIRED BY IOWA CODE 453A.47A
Whereas, applications for Cigarette/Tobacco Sales 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 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
following named applicants and locations for cigarette/tobacco sales permit.
Hometown Cash Advance 3416 Pennsylvania Ave #4
Passed, approved and adopted this 20th day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, 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. Seconded by Jones. Motion carried 7-0.
1. SRF Green Alley Project Bid Set 1 - Year 3: City Manager recommending initiation
of the public bidding process for the SRF Green Alley Project Bid Set 1 - Year 3 Project,
and further recommends that a public hearing be set for May 18, 2015. Upon motion the
documents were received and filed and Resolution No. 127-15 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 ordering the adver-
tisement for bids; Resolution No. 128-15 Approving the Plats, Schedule of Assessments
and estimate of total cost for the SRF Green Alley Bid Set 1 - Year 3 Project; Resolution
No. 129-15 Resolution of Necessity for the SRF Green Alley Bid Set 1 - Year 3 Project;
and Resolution No. 130-15 Fixing date of public hearing on Resolution of Necessity
were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on May
18, 2015 in the Historic Federal Building.
RESOLUTION NO. 127-15
SRF GREEN ALLEY BID SET 1 YEAR 3 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 SRF
Green Alley Bid Set 1 — Year 3 Project in the estimated amount $1,389,526.60, are
hereby preliminarily approved and ordered filed in the office of the City Clerk for public
inspection.
A public hearing will be held on the 18th day of May, 2015, at 6:30 p.m. in the Historic
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 SRF Green Alley Bid Set 1 —Year 3 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 21 st day of May, 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 1st day of June, 2015, in the Historic Federal Building Council
Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 20th day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 128-15
APPROVING THE PLATS, SCHEDULE OF ASSESSMENTS AND ESTIMATE OF
TOTAL COST FOR THE SRF GREEN ALLEY BID SET 1 - YEAR 3 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 1 — Year 3 Project are hereby approved.
Passed, approved and adopted this 20th day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 129-15
RESOLUTION OF NECESSITY FOR THE SRF GREEN ALLEY BID SET 1 - YEAR 3
PROJECT
Whereas, the plat, schedule of assessments, and estimate of total cost for the SRF
Green Alley Bid Set 1 — Year 3 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 1 - Year 3 Project will provide:
Reconstruction of Six (6) alleys using interlocking concrete pavers
Removal of the existing alley pavement
Excavation of the subgrade to allow the placement of clean washed stone for a stor-
age medium
Installation of a concrete border for the brick pavers
Installation of concrete headers at the alley intersection with the intersecting streets.
Reconstruction of the pavement surface with interlocking concrete pavers
Lining of the sanitary sewer main in six alleys
Inspection of sanitary sewer laterals in six alleys
Replacement of water main valves and hydrants
Replacement of lead water services with copper water services in six alleys
There is on file in the office of the City Clerk an estimated total cost of the work, and
a preliminary 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 as-
sessment and interested parties for or against the improvement, its cost, the assess-
ment, or the boundaries of the district: Monday, May 18, 2015, 6:30 p.m., second -floor
chambers of the Historic Federal Building, 350 W. 6th Street.
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 as-
sessment procedure.
Said improvements shall be constructed in accordance with the plans and specifica-
tions 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 20th day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 130-15
FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY
Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary ap-
proval to the plat, schedule of assessments, and estimated total cost for the SRF Green
Alley Bid Set 1 — Year 3 Project and ordered the plat, schedule of assessments, and es-
timate 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 18th day of May, 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 improve-
ment 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
hearing 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 consideration.
Passed, adopted and approved this 20th day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
2. Trinity Affordable Housing Corporation's Purchase of Sheridan Village Apartments:
City Manager recommending that a public hearing be set for May 18, 2015 to approve
the issuance of tax-exempt bonds related to Trinity Affordable Housing Corporation's
proposed purchase of Sheridan Village Apartments. Upon motion the documents were
received and filed setting a public hearing for a meeting to commence at 6:30 p.m. on
May 18, 2015 in the Historic Federal Building.
3. Industrial Center Urban Renewal - Resolution of Necessity: City Manager recom-
mending approval of a Resolution of Necessity that finds that an Amended and Restat-
ed Urban Renewal Plan for the Dubuque Industrial Center Economic Development Dis-
trict is both necessary and appropriate and sets a public hearing on the proposed
amendment for June 1, 2015. Upon motion the documents were received and filed and
Resolution No. 131-15 Resolution of Necessity finding that certain areas adjacent to the
established Dubuque Industrial Center Economic Development District meet the defini-
tion of an Economic Development Area under the Urban Renewal Law, that develop-
ment of said Area is necessary in the interest of the residents of the City of Dubuque,
Iowa, and setting dates of hearing and consultation on a proposed amendment to the
Amended and Restated Urban Renewal Plan for said District was adopted setting a
public hearing for a meeting to commence at 6:30 p.m. on June 1, 2015 in the Historic
Federal Building.
RESOLUTION NO. 131-15
RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS ADJACENT TO
THE ESTABLISHED DUBUQUE INDUSTRIAL CENTER ECONOMIC DEVELOP-
MENT DISTRICT MEET THE DEFINITION OF AN ECONOMIC DEVELOPMENT AR-
EA UNDER THE URBAN RENEWAL LAW, THAT DEVELOPMENT OF SAID AREA
IS NECESSARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBU-
QUE, IOWA, AND SETTING DATES OF HEARING AND CONSULTATION ON A
PROPOSED AMENDMENT TO THE AMENDED AND RESTATED URBAN RENEW-
AL PLAN FOR SAID DISTRICT
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 171-
13, adopted June 3rd, 2013, approved the Amended and Restated Urban Renewal Plan
for the Dubuque Industrial Center Economic Development District (the "District") in order
to provide redevelopment opportunities which will further economic development pur-
poses and objectives as described in the Urban Renewal Plan; and
Whereas, the City Council has found that the area adjacent to the District shown as
Subarea F in Exhibit A attached hereto meets the definition of an economic develop-
ment area as found in Chapter 403 of the Iowa Code and should be included therein;
and
Whereas, Subarea F is located within two miles of, but outside the corporate limits of,
the City of Dubuque, for the purpose of undertaking an urban renewal project; and
Whereas, Iowa Code Section 403.17(4) requires the consent of Dubuque County be-
fore the City can proceed with the expansion of said District; and
Whereas, the Board of Supervisors of Dubuque County, Iowa has determined to con-
sent to the expansion of the District as so proposed in a Joint Agreement between the
parties attached hereto; and
Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may
be exercised, a City Council must adopt a resolution of necessity finding that the area in
question is a slum, blighted or economic development area, and that so designating
such area is necessary in the interest of the public health, safety or welfare of the resi-
dents of the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Subarea F is an economic development area as defined by Iowa
Code Chapter 403 and is appropriate for an urban renewal project.
Section 2. That the City Manager is authorized and directed to prepare an amend-
ment to the Urban Renewal Plan for the Dubuque Industrial Center Economic Develop-
ment District, such amendment to include Subarea F within the District and such other
modifications to the property contained within the District as may be appropriate, and
setting forth the urban renewal projects that are currently expected to be undertaken in
the District.
Section 3. That the City Manager is further authorized to determine an appropriate
date for and conduct the consultation process required by law with affected taxing enti-
ties concerning the proposed amendment.
Section 4. That the City Council hold a public hearing on the adoption of the pro-
posed Amended and Restated Urban Renewal Plan for the Dubuque Industrial Center
Economic Development District on June 1st, 2015 at 6:30p.m. in the Historic Federal
Building, 350 West 6th Street, Dubuque, Iowa 52001. The notice of said hearing shall
generally identify the area to be covered by the Amended and Restated Urban Renewal
Plan and the scope of the urban renewal project activities planned for such area, and
said notice shall be published and available to the public not less than four days nor
more than twenty days before the date of said meeting. A copy of the notice of public
hearing shall be sent by ordinary mail to the affected taxing entities.
Section 5. That the Mayor is authorized and directed to sign the Joint Agreement be-
tween the County and the City.
Section 6. That the City Clerk is further directed to send by ordinary mail a copy of
said Amended and Restated Urban Renewal Plan, the notice of public hearing, and, to
the extent the amendment includes the use of tax increment revenues for a public build-
ing, an analysis of alternative development and funding options for such public build-
ings, to the Dubuque Community School District and the County Board of Supervisors,
as the affected taxing entities.
Passed, approved and adopted this 20th day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
4. Utility Extension to the Dubuque Regional Airport: City Manager recommending ini-
tiation of the public bidding process for the Utility Extension to the Dubuque Regional
Airport, and further recommends that a public hearing be set for May 4, 2015. Upon mo-
tion the documents were received and filed and Resolution No. 132-15 Preliminary ap-
prove! of plans, specifications, form of contract, and estimated cost; setting date of pub-
lic hearing on plans, specifications, form of contract, and estimated costs; and ordering
the advertisement for bids was adopted setting a public hearing for a meeting to com-
mence at 6:30 p.m. on May 4, 2015 in the Historic Federal Building.
RESOLUTION NO. 132-15
UTILITY EXTENSION TO THE DUBUQUE REGIONAL AIRPORT
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 Utility
Extension to the Dubuque Regional Airport, in the estimated amount $9,602,358.81, are
hereby preliminarily approved and ordered filed in the office of the City Clerk for public
inspection.
A public hearing will be held on the 24th 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 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 es-
timated cost of the Project.
The Utility Extension to the Dubuque Regional Airport 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 11th day of May, 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 18th day of May, 2015, in the Historic Federal Building Council
Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 20th day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
5. Tax -Exempt General Obligation Bonds Series 2015: City Manager recommending
that a public hearing be set for May 4, 2015, on the proposition of selling not to exceed
$3,000,000 in Tax -Exempt General Obligation Bonds, the proceeds of which will be
used to pay the costs of the settlement of the franchise fee litigation. Upon motion the
documents were received and filed and Resolution No. 133-15 Fixing date fora meeting
on the proposition of the issuance of not to exceed $3,000,000 General Obligation
Bonds of the City of Dubuque, State of Iowa (Essential Corporate Purpose), and provid-
ing for publication of notice thereof was adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on May 4, 2015 in the Historic Federal Building.
RESOLUTION NO. 133-15
RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE IS-
SUANCE OF NOT TO EXCEED $3,000,000 GENERAL OBLIGATION BONDS OF
THE CITY OF DUBUQUE, STATE OF IOWA (FOR AN ESSENTIAL CORPORATE
PURPOSE), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and advisable that the City of Dubuque, State of
Iowa, should issue General Obligation Bonds, to the amount of not to exceed
$3,000,000, as authorized by Section 384.25, of the Code of Iowa, for the purpose of
providing funds to pay costs of carrying out an essential corporate purpose project as
hereinafter described; and
Whereas, before the Bonds may be issued, it is necessary to comply with the provi-
sions of the Code, and to publish a notice of the proposal to issue such bonds and of
the time and place of the meeting at which the Council proposes to take action for the
issuance of the Bonds and to receive oral and/or written objections from any resident or
property owner of the City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF
DUBUQUE, STATE OF IOWA:
That this Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque,
Iowa, at 6:30 P.M., on the 4th day of May, 2015, for the purpose of taking action on the
matter of the issuance of not to exceed $3,000,000 General Obligation Bonds, for an
essential corporate purpose, the proceeds of which bonds will be used to provide funds
to pay the costs of the settlement of any part or all of the legal indebtedness of a city,
whether evidenced by bonds, warrants, or judgments, or the funding or refunding of the
same, whether or not such indebtedness was created for a purpose for which general
obligation bonds might have been issued in the original instance.
To the extent any of the projects or activities described in this resolution may be rea-
sonably construed to be included in more than one classification under Division III of
Chapter 384 of the Code of Iowa, the Council hereby elects the "essential corporate
purpose" classification and procedure with respect to each such project or activity, pur-
suant to Section 384.28 of the Code of Iowa.
That the Clerk is hereby directed to cause at least one publication to be made of a
notice of the meeting, in a legal newspaper, printed wholly in the English language, pub-
lished at least once weekly, and having general circulation in the City. The publication to
be not less than four clear days nor more than twenty days before the date of the public
meeting on the issuance of the Bonds.
The notice of the proposed action to issue bonds shall be in substantially the [provid-
ed] form.
Passed and approved this 20th day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
6. Sales Tax Increment Revenue Bonds (Flood Mitigation Program): City Manager
recommending that a public hearing be set for May 4, 2015, on the proposition of selling
not to exceed $24,500,000 in Sales Tax Increment Revenue Bonds (Flood Mitigation
Program), the proceeds of which will be used to pay costs of the Bee Branch Watershed
Flood Mitigation Project. Upon motion the documents were received and filed and Reso-
lution No. 134-15 Fixing date for a meeting on the proposition of the issuance of not to
exceed $24,500,000 Sales Tax Increment Revenue Bonds 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 May 4, 2015 in the Historic Federal Building.
RESOLUTION NO. 134-15
RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE IS-
SUANCE OF NOT TO EXCEED $24,500,000 SALES TAX INCREMENT REVENUE
BONDS OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE
THEREOF
Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa
should issue Sales Tax Increment Revenue Bonds to the amount of not to exceed
$24,500,000, 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
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 4th day of May, 2015, for the pur-
pose of taking action on the matter of the issuance of not to exceed $24,500,000 Sales
Tax Increment Revenue Bonds, the proceeds of which will be used to provide funds to
pay costs of the acquisition, construction, installation and equipping of the Bee Branch
Watershed Flood Mitigation Project, including those costs associated with the Lower
Bee Branch Creek Restoration (Phase 4), the Upper Bee Branch Creek Restoration
(Phase 7), the Flood Mitigation Gate Replacement (Phase 5), the Flood Control Mainte-
nance Facility (Phase 9), and the North End Storm Sewers (Phase 10), the funding of a
debt service reserve for the Bonds, and the related costs for property acquisition, engi-
neering and design and other professional services. Said Bonds shall be payable from
the City's flood project fund established under Iowa Code Section 418.12, into which
there shall be deposited sales tax increment revenues received from the State of Iowa
as part of the award to the City under the Flood Mitigation Program, and to the extent
necessary and provided for in the resolution authorizing issuance of said Bonds, funds
collected by the City from a supplemental levy of debt service taxes.
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 obligations.
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 20th day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
1. Appointment to the Electrical Code Board: One 3 -Year term through May 21, 2017
(Vacant term of Pfohl). Applicants: Zach Dowell, 2055 Winne Ct. (Qualifies as Journey-
man/Maintenance); and Andy Palmer, 1865 Rosemont St. (Additional Applicant - Quali-
fies as Journeyman/Maintenance). Upon roll -call vote of 5-2 (Resnick and Connors vot-
ing for Dowell), Andy Palmer was appointed to a 3 -year term through May 21, 2017.
Council Member Jones reiterated that applicants to City boards and commissions are
strongly encouraged to attend the Council meeting on which the application appears to
speak to the appointment.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council on the following items.
1. Request to Rezone - 1072 Locust Street: Proof of publication on notice of public
hearing to approve a request by Ted Stackis to rezone property located at 1072 Locust
Street from OR Office Residential to OC Office Commercial District and the Zoning Ad-
visory Commission recommending approval. Motion by Connors to receive and file the
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 Lynch. Planning Services Manager Laura Car-
stens provided a staff report. Elizabeth Shade, 647 Chestnut Street, spoke in support of
the rezoning on behalf of the owner stating that she is planning to move her business,
Indulgence Salon and Spa, to that location. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 25-15
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code by reclassifying hereinafter described property located at 1072 Locust Street from
OR Office Residential District to OC Office Commercial District. Seconded by Lynch.
Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 25-15
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 1072 LOCUST STREET FROM OR OFFICE RESIDEN-
TIAL DISTRICT TO OC OFFICE COMMERCIAL DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel-
opment Code, is hereby amended by reclassifying the hereinafter—described property
from OR Office Residential District to OC Office Commercial District, to wit:
South 38'7" of City Lot 159, and to the centerline of the adjoining public right-of-
way, all in the City of Dubuque, Iowa.
Section 2. That the foregoing amendment has heretofore been reviewed by the Zon-
ing Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect immediately upon publication as provided
by law.
Passed, approved and adopted this 20th day of April, 2015.
/s/Karla A. Braig, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 24th day of April, 2015.
/s/Kevin S. Firnstahl, City Clerk
2. Upper Bee Branch Creek Channel, Streets and Utilities Project: Proof of publica-
tion on notice of public hearing to consider approval of the plans, specifications, form of
contract and estimated cost for the Upper Bee Branch Creek — Channel, Street and Util-
ities Project and the City Manager recommending approval. Motion by Jones to receive
and file the documents and adopt Resolution No. 135-15 Approval of plans, specifica-
tions, form of contract, and estimated cost for the Upper Bee Branch Creek - Channel,
Streets & Utilities Project. Seconded by Connors. Motion carried 7-0. Civil Engineer
Deron Muehring and Communications Specialist Kristin Hill gave a presentation on the
history, construction phases, amenities, funding and public communication efforts sur-
rounding the project.
RESOLUTION NO. 135-15
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR THE UPPER BEE BRANCH CREEK — CHANNEL, STREETS, & UTIL-
ITIES 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
The Upper Bee Branch Creek — Channel, Streets, & Utilities Project, in the estimated
amount $22,360,847.00, are hereby approved.
Passed, adopted and approved this 20th day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
3. Upper Bee Branch Creek Structures Project: Proof of publication on notice of pub-
lic hearing to consider approval of the plans, specification, form of contract and estimat-
ed cost for the Upper Bee Branch Creek — Structures Project and the City Manager rec-
ommending approval. Motion by Jones to receive and file the documents and adopt
Resolution No. 136-15 Approval of plans, specifications, form of contract, and estimated
cost for the Upper Bee Branch Creek - Structures Project. Seconded by Connors. Mo-
tion carried 7-0.
RESOLUTION NO. 135-15
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR THE UPPER BEE BRANCH CREEK — CHANNEL, STREETS, & UTIL-
ITIES 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
The Upper Bee Branch Creek — Channel, Streets, & Utilities Project, in the estimated
amount $22,360,847.00, are hereby approved.
Passed, adopted and approved this 20th day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1. SRF Green Alley Project Bid Set 7 - Year 1 Award: City Manager recommending
award of the construction contract for the SRF Green Alley Project Bid Set 7- Year 1 to
the low bidder McDermott Excavating. Motion by Connors to receive and file the docu-
ments and adopt Resolution No. 137-15 Awarding public improvement contract for the
SRF Green Alley Bid Set 7 - Year 1 Project. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 137-15
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE SRF GREEN ALLEY
BID SET 7 — YEAR 1 PROJECT
Whereas, sealed proposals have been submitted by contractors for the SRF Green
Alley Bid Set 7 — Year 1 Project (the Project) pursuant to Resolution No. 66-15 and No-
tice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the
6th day of March, 2015.
Whereas, said sealed proposals were opened and read on the 9th day of April, 2015,
and it has been determined that McDermott Excavating, Inc. of Dubuque, Iowa, with a
bid in the amount of $211,357.38, 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 McDermott
Excavating, Inc. and the City Manager is hereby directed to execute a Public Improve-
ment Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 20th day of April, 2015.
Karla A. Braig. Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
2. Iowa Flood Mitigation Program Amendment No. 1: City Manager recommending
adoption of a resolution authorizing an amendment to the Bee Branch Watershed Flood
Mitigation Project, State Flood Mitigation Board Funding Agreement. Motion by Connors
to receive and file the documents and adopt Resolution No. 138-15 Authorizing the exe-
cution of an amendment to the agreement with the State of Iowa Flood Mitigation Board
which authorizes the City's use of Sales Tax Increment Funding for the Bee Branch Wa-
tershed Flood Mitigation Project. Seconded by Lynch. Motion carried 7-0.
RESOLUTION NO. 138-15
AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE AGREEMENT WITH
THE STATE OF IOWA FLOOD MITIGATION BOARD WHICH AUTHORIZES THE
CITY'S USE OF SALES TAX INCREMENT FUNDING FOR THE BEE BRANCH WA-
TERSHED FLOOD MITIGATION PROJECT
Whereas, Six Presidential Disaster Declarations have been issued for flooding, se-
vere storms and tornados between 1999 and 2011 due to flash flooding; and
Whereas, the Bee Branch Watershed, which includes the City of Dubuque's most de-
veloped areas where over 50% of city residents either live or work, has experienced
flooding impacting thousands of properties and over seventy businesses; and
Whereas, the City Council of the City of Dubuque has adopted a drainage basin mas-
ter plan authored by HDR Engineering that outlines improvements to mitigate flooding
collectively referred to as the Bee Branch Watershed Flood Mitigation Project (the Pro-
ject); and
Whereas, the Flood Mitigation Program was established by the Iowa Legislature and
the Governor of Iowa to support community projects for the construction and reconstruc-
tion of levees, embankments, impounding reservoirs, or conduits that are necessary for
the protection of property from the effects of floodwaters and may include the deepen-
ing, widening, alteration, change, diversion, or other improvement of watercourses if
necessary for the protection of such property from the effects of floodwaters; and
Whereas, the City of Dubuque submitted an application to the Iowa Flood Mitigation
Board (the Board) requesting the use of $98,494,178 in sales tax increment funds for
the Project; and
Whereas, the Board, on December 4, 2013, voted to approve the City's application
for construction of the Project, subject to the requirements set forth in Iowa Code chap-
ter 418 and the administrative rules promulgated under it and subject to the terms and
conditions set forth in an agreement; and
Whereas, the City Council, on February 3, 2014, adopted Resolution 31-14 authoriz-
ing the execution of an agreement (the Agreement) with the Iowa Flood Mitigation
Board binding the City to the terms of the agreement as required for the City's receipt of
up to $98,494,178.00 in state sales tax increment funds for the Bee Branch Watershed
Flood Mitigation Project through the State Flood Mitigation Program; and
Whereas, the City of Dubuque submitted a request to amend the Agreement to the
Board to provide an additional $5 million in sales tax increment in Fiscal Years 2014
through 2018 and remove $5 million in sales tax increment from Fiscal Years 2031
through 2033; and
Whereas, the Board, on April 13, 2015, voted to approve the amendment for the
change in funding of the Project; and
Whereas, it is in the best interest of the City to enter into the Amended Agreement as
required for the City's receipt of the sales tax increment funding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. That the Amended Agreement be approved.
Section 2. Mayor is hereby authorized to execute and deliver the Amended Agree-
ment and execute such other documents as the Iowa Flood Mitigation Board may rea-
sonably require that are necessary to bind the City to the terms of the Amended Agree-
ment as required for the City's receipt of $98,494,178 in sales tax increment funds for
the Bee Branch Watershed Flood Mitigation Project through the State Flood Mitigation
Program.
Passed, approved and adopted this 20th day of April, 2015.
Karla A. Braig, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
3. Code of Ordinances Amendment Title 10 — Parks: City Manager recommending
approval an amendment to City of Dubuque Code of Ordinances 10 -5B -4A removing
the word "unleashed" related to prohibiting animals in parks. Motion by Jones to receive
and file the documents and that the requirement that a proposed ordinance be consid-
ered and voted on for passage at two Council meetings prior to the meeting at which it
is to be passed be suspended. Seconded by Connors. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 26-15 Amend-
ing City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5
Parks and Recreation, Article B Use Regulations, Section 10-5B-4 Dogs, Cats and Oth-
er Domestic Animals by correcting the Title to Subsection A. Seconded by Connors.
Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 26-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS
AND PROPERTY, CHAPTER 5 PARKS AND RECREATION, ARTICLE B USE REG-
ULATIONS, SECTION 10-5B-4 DOGS, CATS AND OTHER DOMESTIC ANIMALS BY
CORRECTING THE TITLE TO SUBSECTION A
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 10-5B-4 of the City of Dubuque Code of Ordinances is amended
to read as follows:
10-5B-4: DOGS, CATS AND OTHER DOMESTIC ANIMALS:
A. Animals Prohibited: No person shall be permitted to bring into any park, parkway,
trail, or open space, any dog, cat or other domestic animal, nor shall any person
permit such dog, cat or other domestic animal to run at large in any park, parkway,
trail, or open space. Any unattended animal shall be impounded and its owner may
redeem the same upon paying the reasonable costs of such impoundment.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 20th day of April, 2015.
/s/Karla A. Braig, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 24th day of April, 2015.
/s/Kevin S. Firnstahl, City Clerk
4. Code of Ordinances Amendment Title 9 - School Buses Discharging Pupils: City
Manager recommending approval of an amendment to City of Dubuque Code of Ordi-
nances Title 9, Chapter 11 School Buses Discharging Pupils to mirror the Iowa Code.
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 Lynch. Mo-
tion carried 7-0. Responding to questions from the City Council, Assistant City Attorney
Maureen Quann provided an explanation of the amendment regarding higher monetary
offenses and multiple violations.
Motion by Connors for final consideration and passage of Ordinance No. 27-15
Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic,
Chapter 11 School Buses to Mirror the State Code. Seconded by Lynch. Motion carried
7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 27-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI-
CLES AND TRAFFIC, CHAPTER 11 SCHOOL BUSES TO MIRROR THE STATE
CODE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 9, Chapter 11 of the City of Dubuque Code of Ordinances is amended
to read as follows:
9-11-321.372: SCHOOL BUSES DISCHARGING PUPILS:
A. The driver of a school bus used to transport children to and from a public or private
school must, when stopping to receive or discharge pupils, turn on flashing warning
lamps at a distance of not less than three hundred feet (300') nor more than five hun-
dred feet (500') from the point where the pupils are to be received or discharged from
the bus if the speed limit at that point is forty-five (45) miles per hour or greater and
must turn on flashing warning lamps at a distance of not less than one hundred fifty feet
(150') from the point where the pupils are to be received or discharged from the bus if
the speed limit at that point is less than forty-five (45) miles per hour. At the point of re-
ceiving or discharging pupils, the driver of the bus must bring the bus to a stop, turn off
the amber flashing warning lamps, turn on the red flashing warning lamps, and extend
the stop arm. After receiving or discharging pupils, the bus driver must turn off all flash-
ing warning lamps, retract the stop arm and proceed on the route. Except to the extent
that reduced visibility is caused by fog, snow, or other weather conditions, a school bus
will not stop to receive or discharge pupils unless there is at least three hundred feet
(300') of unobstructed vision in each direction. However, the driver of a school bus is not
required to use flashing warning lamps and the stop arm when receiving or discharging
pupils at a designated loading and unloading zone at a school attendance center or at
extracurricular or educational activity locations where students exiting the bus do not
have to cross the street or highway.
If a school district contracts with an urban transit system to transport children to and
from a public or private school, the school bus which is provided by the urban transit
system is not required to be equipped with flashing warning lights and a stop arm.
If the school bus provided by an urban transit system is equipped with flashing warn-
ing lights and a stop arm, the driver of the school bus must use the flashing warning
lights and stop arm as required by law.
A school bus, when operating on a highway with four (4) or more lanes, will not stop
to load or unload pupils who must cross the highway, except at designated stops where
pupils who must cross the highway may do so at points where there are official traffic
control devices or police officers.
A school bus must, while carrying passengers, have its headlights turned on.
B. All pupils will be received and discharged from the right front entrance of every
school bus and if said pupils must cross the highway, they are required to pass in front
of the bus, look in both directions, and proceed to cross the highway only on signal from
the bus driver.
C. The driver of any vehicle, including the driver of a vehicle operating on a private
road or driveway, when meeting a school bus with flashing amber warning lamps must
reduce the vehicle's speed to not more than twenty (20) miles per hour and must bring
the vehicle to a complete stop when the school bus stops and the stop signal arm is ex-
tended and the vehicle must remain stopped until the stop signal arm is retracted after
which time the driver may proceed with due caution. The driver of a vehicle, including
the driver of a vehicle operating on a private road or driveway, overtaking a school bus
will not pass a school bus when red or amber warning signal lights are flashing and
must bring the vehicle to a complete stop no closer than fifteen feet (15') from the
school bus when it is stopped and the stop arm is extended and the vehicle must re-
main stopped until the stop arm is retracted and school bus resumes motion.
D. The driver of a vehicle upon a highway providing two (2) or more lanes in each di-
rection need not stop upon meeting a school bus which is traveling in the opposite di-
rection even though the school bus is stopped.
E. Penalties.
1. The driver of a school bus who commits a violation of subsection A or B is guilty
of a simple misdemeanor punishable as a scheduled violation under Iowa Code Sec-
tion 805.8A, subsection 10.
2. A person who commits a violation of subsection C is guilty as outlined under Io-
wa Code Section 321.372.
9-11-321.372A: PROMPT INVESTIGATION OF REPORTED VIOLATION OF FAILING
TO OBEY SCHOOL BUS WARNING DEVICES — CITATION ISSUED TO DRIVER OR
OWNER:
A. The driver of a school bus who observes a violation of section 9-11-321.372, sub-
section C may prepare a written report on a form provided by the department of public
safety indicating that a violation has occurred. The school bus driver or a school official
may deliver the report not more than seventy-two (72) hours after the violation occurred
to a peace officer of the state or a peace officer of the county or municipality in which
the violation occurred. The report must state the time and the location at which the vio-
lation occurred and must include the registration plate number and a description of the
vehicle involved in the violation.
B. Not more than seven (7) calendar days after receiving a report of a violation of
section 9-7-321.372, subsection C from a school bus driver or a school official, the
peace officer must initiate an investigation of the reported violation and contact the
owner of the motor vehicle involved in the reported violation and request that the owner
supply information identifying the driver.
1. If, from the investigation, the peace officer is able to identify the driver and has
reasonable cause to believe a violation of section 9-7-321.372, subsection C has
occurred, the peace officer shall prepare a uniform traffic citation for the violation and
shall serve it personally or by certified mail to the driver of the vehicle.
2. If, from the investigation, the peace officer has reasonable cause to believe that
a violation of section 9-7-321.372, subsection C occurred but is unable to identify the
driver, the peace officer shall serve a uniform traffic citation for the violation to the
owner of the motor vehicle. In a proceeding where the peace officer who conducted
the investigation was not able to identify the driver of the motor vehicle, proof that the
motor vehicle described in the uniform traffic citation was used to commit the violation
of section 9-7-321.372, subsection C together with proof that the defendant named
in the citation was the owner of the motor vehicle at the time the violation occurred,
constitutes a permissible inference that the owner was the driver who committed the
violation.
3. For purposes of this subsection "owner" means a person who holds the legal ti-
tle to a motor vehicle; however, if the motor vehicle is the subject of a security
agreement with a right of possession in the debtor, the debtor shall be deemed the
owner for purposes of this subsection or if the motor vehicle is leased, the lessee
shall be deemed the owner for purposes of this subsection.
9-11-321.373 - 9-11-321.380: RESERVED:
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 20th day of April, 2015.
/s/Karla A. Braig, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 24th day of April, 2015.
/s/Kevin S. Firnstahl, City Clerk
5. Code of Ordinances Amendment Title 1 - General Penalty for Misdemeanor Viola-
tions: City Manager recommending approval to amend City of Dubuque Code of Ordi-
nances Section 1-4-1, General Penalty, to eliminate imprisonment as a penalty for mis-
demeanor violations under City Code. Motion by Jones to receive and file the docu-
ments and that the requirement that a proposed ordinance be considered and voted on
for passage at two Council meetings prior to the meeting at which it is to be passed be
suspended. Seconded by Connors. Motion carried 7-0. Responding to questions from
the City Council, Assistant City Attorney Maureen Quann and Police Chief Mark Dalsing
further explained the amendment regarding retaining the option of jail time depending
upon the severity of the crime and whether the violation is written under City Code or
State Code.
Motion by Jones for final consideration and passage of Ordinance No. 28-15 Amend-
ing City of Dubuque Code of Ordinances Title 1 Administration, Chapter 4 General Pen-
alty, Section 1-4-1 General Penalty by eliminating imprisonment as a penalty for mis-
demeanor violations. Seconded by Connors. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 28-15
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 1 ADMINISTRA-
TION, CHAPTER 4 GENERAL PENALTY, SECTION 1-4-1 GENERAL PENALTY BY
ELIMINATING IMPRISONMENT AS A PENALTY FOR MISDEMEANOR VIOLATIONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 1-4-1 of the City of Dubuque Code of Ordinances is amended to
read as follows:
1-4-1: GENERAL PENALTY:
The doing of any act prohibited or declared to be unlawful, an offense, or a misde-
meanor by this code or any ordinance or code herein adopted by reference, or the
omission or failure to perform any act or duty required by this code or any ordinance or
code herein adopted by reference is, unless another penalty is specified, punishable in
accordance with the fine set forth in Iowa Code section 903.1, subsection 1, paragraph
a, and subsection 3.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 20th day of April, 2015.
/s/Karla A. Braig, Mayor Pro -Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 24th day of April, 2015.
/s/Kevin S. Firnstahl, City Clerk
COUNCIL MEMBER REPORTS
Council Member Connors requested that the Chamber's audio system be reviewed
as she has received comments that the proceedings cannot be heard in the back of the
Chambers. Assistant City Manager Cindy Steinhauser stated that she will investigate
and reminded Council that the volume is greatly affected by the speaker's voice projec-
tion and positioning at the microphone.
ADJOURNMENT
There being no further business, upon motion the City Council adjourned at 8:19 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk