10 5 15 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:00 p.m. on October 5, 2015 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members, Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on Sustainable Dubuque.
WORK SESSION
SUSTAINABLE DUBUQUE
Sustainability Coordinator Cori Burbach, Sustainable Innovations Consultant for
Greater Dubuque Development Corp. David Lyons, and Vice President of Operations
for the Community Foundation of Greater Dubuque Eric Dregne provided a slide
presentation on Sustainable Dubuque, Sustainable Innovations, and Project HOPE as
they relate to the Sustainable Dubuque Vision and Principles. Topics included:
• The Growing Sustainable Communities Conference
• Star Communities outcomes/scores
• Sustainable Dubuque Collaborations
• Proposed Resiliency Commission
• Sustainable Innovations
o StartUp Dubuque
o Partnerships
o Dubuque Broadband Initiative, Access and Services
o Energy
o Future Innovations Discussions
• Project HOPE
o Mission
o Re -Engage Dubuque
o Opportunity Dubuque
o Network mapping
There being no further business, upon motion the City Council adjourned at 6:19 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on October 5, 2015 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, City Attorney Lindahl (via phone)
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
Head Start Day (October 14, 2015) was accepted by Brenda Sullivan of Operation:
New View Community Action Agency, 1473 Central Avenue.
White Cane Safety Day (October 15, 2015) was accepted by Pam Gagne, Treasurer,
Tri-State Blind Society, 3333 Asbury Rd.
Trick -or -Treat Night (October 31, 2015) was accepted by Mayor Buol.
Arts and Humanities Month (October 2015) was accepted by Marina O'Rourke, Arts
and Cultural Affairs Advisory Commission Chairperson.
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 9/21; Civil Service
Commission of 9/17; Community Development Advisory Commission of 9/16; Housing
Commission of 8/25; Housing Trust Fund Advisory Committee of 9/17, 9/21; Human
Rights Commission of 8/10; Park and Recreation Advisory Commission of 9/8; Sister
City Relationships Advisory Commission of 9/16; Proof of publication for City Council
Proceedings of 9/8. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Lynn Ann Chillook for personal injury/vehicle damage;
Liberty Mutual on behalf of Daniel Bellows for personal injury; Patrick Maiden for vehicle
damage; Don Pettit for vehicle damage; Frank Vlach, III for vehicle damage. Upon mo-
tion the documents were received, filed and referred to the City Attorney.
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3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Liberty Mutual on behalf of Daniel Bellows for personal injury; Lynn Ann
Chillook for personal injury/vehicle damage; Patrick Maiden for vehicle damage; Don
Pettit for vehicle damage; Frank Vlach, III for vehicle damage. Upon motion the docu-
ments were received, filed and concurred.
4. Government Finance Officers Association - Distinguished Budget Presentation
Award: Correspondence from the Government Finance Officers Association (GFOA)
advising that it has awarded the Distinguished Budget Presentation Award to the City of
Dubuque for the tenth consecutive year and Certificates of Recognition for budget prep-
aration to Budget Director Jennifer Larson for the Fiscal Year 2015/2016. Upon motion
the documents were received and filed.
5. Dubuque National Service Partnership Award: City Manager transmitting infor-
mation the Corporation for National and Community Service recognizing the Dubuque
National Service Partnership with an award in honor of retired Senator Tom Harkin. Up-
on motion the documents were received and filed.
6. Port of Dubuque Clean Marina Certification: City Manager transmitting information
on the recent award to the Port of Dubuque Marina making it the first certified Clean
Marina in Iowa. Upon motion the documents were received and filed.
7. NICC Outreach Success Coach Report: City Manager transmitting a report by Sa-
maria Neely, Outreach Success Coach at NICC. Upon motion the documents were re-
ceived and filed.
8. Catfish Creek Watershed: City Manager transmitting educational brochures for the
Catfish Creek Watershed. Upon motion the documents were received and filed.
9. Southwest Arterial Project - Consultant Selection for Construction Engineering
Services: City Manager recommending concurrence with the selection of IIW, P.C. as
the first -ranked consultant and requests approval for the City Manager to execute the
Standard Consultant Contract with IIW, P.C. to provide all phases of Construction Engi-
neering Services for both the English Mill Road Reconstruction Project and the Military
Road Reconstruction Project. Upon motion the documents were received, filed and
concurred.
10. Acceptance of Deed - CW Wolff, LLC (SELCO): City Manager recommending
approval of a resolution accepting the Quit Claim Deed related to the purchase of the
alley between Main Street and Salina Street by CW Wolff, LLC (SELCO). Upon motion
the documents were received and filed and Resolution No. 331-15 Accepting the Deed
to certain real estate from CW Wolff, LLC in Dubuque County, Iowa, was adopted.
3
RESOLUTION NO. 331-15
ACCEPTING THE DEED TO CERTAIN REAL ESTATE FROM CW WOLFF, L.L.C. IN
DUBUQUE COUNTY, IOWA
Whereas, the City of Dubuque, Iowa entered into a Purchase Agreement with CW
Wolff, L.L.C. for the purchase of certain real property in Dubuque County, legally de-
scribed as follows:
Lot 7A of Block 13 in Dubuque Harbor Company's Addition, in the City of
Dubuque, Iowa (the Property); and
Whereas, in order to comply with the terms of the Purchase Agreement CW Wolff,
L.L.C. has quit claimed all its right, title and interest in the Property to the City of Dubu-
que.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby accepts the Quit Claim Deed from CW Wolff,
L.L.C. attached hereto.
Section 2. The City Clerk is hereby authorized and directed to record this Resolution
and the Deed with the Dubuque County Recorder.
Passed, approved and adopted this 5th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Authorized Depository Institutions: City Manager recommending approval of a
resolution increasing the maximum balance allowed at Fidelity Bank and Trust. Upon
motion the documents were received and filed and Resolution No. 332-15 Naming De-
positories was adopted.
RESOLUTION NO. 332-15
NAMING DEPOSITORIES
Whereas, Chapter 12C.2 of the 2201 Code of Iowa states that the approval of a fi-
nancial institution as a depository shall be by written resolution or order which shall be
entered of record in the minutes of the approving board, and which shall distinctly name
each depository approved, and specify the maximum amount which may be kept on de-
posit in each depository; and
Whereas, this procedure is required if a financial institution changes its name or
home office location, if the maximum amount is changed, or if a financial institution is
added or deleted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the following financial institutions are approved to be depositories of
the City of Dubuque, Iowa funds in conformance with all applicable provisions of the
2001 Iowa Code Chapter 12C.2. The City Treasurer is hereby authorized to deposit City
of Dubuque, Iowa funds in amounts not to exceed the maximum approved for each re-
spective financial institution as set out below.
Depository Name
American Trust & Savings Bank
Location of Home Office Maximum Balance
Dubuque, Iowa $60,000,000
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Dubuque Bank & Trust Company
U.S. Bank
Dupaco Community Credit Union
Premier Bank
East Dubuque Savings Bank
Fidelity Bank & Trust
BBVA Compass
Hometown Bank
Passed, approved and adopted this
Attest: Kevin S. Firnstahl, City Clerk
Dubuque, Iowa
Minneapolis, Minnesota
Dubuque, Iowa
Dubuque, Iowa
Dubuque, Iowa
Dyersville, Iowa
Birmingham, Alabama
Fond du Lac, Wisconsin
5th day of October, 2015.
$60,000,000
$40,000,000
$20,000,000
$20,000,000
$20,000,000
$40,000,000
$ 100,000
$ 250,000
Roy D. Buol, Mayor
12. Assignment & Assumption Agreements - Cottingham & Butler, Inc.: City Manager
recommending approval of a resolution consenting to the Assignment and Assumption
Agreement between Town Clock Building Company and Cottingham & Butler, Inc. and a
second resolution consenting to the Assignment and Assumption Agreement between
Security Investments, LLC and Cottingham & Butler, Inc. Upon motion the documents
were received and filed and Resolution No. 333-15 Consenting to the Assignment of: 1)
City of Dubuque, Iowa, Downtown Rehabilitation Loan Program Loan Agreement, Num-
ber: DRLP#2-01 dated June 28, 2001; 2) Promissory Note dated June 28, 2001; 3)
Mortgage to City of Dubuque, Iowa dated June 28, 2001 and recorded as Instrument
No. 9858-01, and 4) Mortgage to City of Dubuque, Iowa dated May 20, 2002 and rec-
orded as Instrument No. 9234-02, between the City of Dubuque, Iowa and Town Clock
Building Company to Cottingham & Butler, Inc.; and Resolution No. 334-15 Consenting
to the Assignment of: 1) City Of Dubuque, Iowa, Downtown Rehabilitation Loan Pro-
gram Loan Agreement, Number: DRLP#3-98 Dated November 13, 1998; 2) Promissory
Note dated January 24, 2008; and 3) Mortgage to City of Dubuque, Iowa Dated January
24, 2008 and recorded as Instrument No. 2008-00001182, between the City of Dubu-
que, Iowa and Security Investments, LLC to Cottingham & Butler, Inc. were adopted.
RESOLUTION NO. 333-15
CONSENTING TO THE ASSIGNMENT OF: 1) CITY OF DUBUQUE, IOWA, DOWN-
TOWN REHABILITATION LOAN PROGRAM LOAN AGREEMENT, NUMBER:
DRLP#2-01 DATED JUNE 28, 2001; 2) PROMISSORY NOTE DATED JUNE 28, 2001;
3) MORTGAGE TO CITY OF DUBUQUE, IOWA DATED JUNE 28, 2001 AND REC-
ORDED AS INSTRUMENT NO. 9858-01, AND 4) MORTGAGE TO CITY OF DUBU-
QUE, IOWA DATED MAY 20, 2002 AND RECORDED AS INSTRUMENT NO. 9234-
02, BETWEEN THE CITY OF DUBUQUE, IOWA AND TOWN CLOCK BUILDING
COMPANY TO COTTINGHAM & BUTLER, INC.
Whereas, the City of Dubuque entered into a 1) Downtown Rehabilitation Loan dated
June 28, 2001; 2) Promissory Note dated June 28, 2001; 3) Mortgage dated June 28,
2001; and 4) Mortgage dated May 20, 2002, (the Agreements) with Town Clock Building
Company regarding certain real property legally described as:
Lot 54 in the City of Dubuque, Iowa, according to the United States Commission-
ers' Map of the Town of Dubuque, Iowa (also sometimes described as City Lot 54
in the City of Dubuque, Iowa, according to the recorded Plat thereof); and
5
Whereas, Town Clock Building Company now desires to assign its rights and re-
sponsibilities under the Agreements to Cottingham & Butler, Inc.; and
Whereas, the Agreements require the consent of the City to any such assignment;
and
Whereas, the City Council of the City of Dubuque finds that the City of Dubuque
should consent to the assignments, a copy of which Assignment and Assumption
Agreement is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque hereby consents to the Assignment and Assumption
Agreement, a copy of which is attached hereto.
Passed, approved and adopted this 5th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 334-15
CONSENTING TO THE ASSIGNMENT OF: 1) CITY OF DUBUQUE, IOWA, DOWN-
TOWN REHABILITATION LOAN PROGRAM LOAN AGREEMENT, NUMBER:
DRLP#3-98 DATED NOVEMBER 13, 1998; 2) PROMISSORY NOTE DATED JANU-
ARY 24, 2008; AND 3) MORTGAGE TO CITY OF DUBUQUE, IOWA DATED JANU-
ARY 24, 2008 AND RECORDED AS INSTRUMENT NO. 2008-00001182, BETWEEN
THE CITY OF DUBUQUE, IOWA AND SECURITY INVESTMENTS, LLC TO COT-
TINGHAM & BUTLER, INC.
Whereas, the City of Dubuque entered into a 1) Downtown Rehabilitation Loan dated
November 13, 1998; 2) Promissory Note dated January 24, 2008; and 3) Mortgage dat-
ed January 24, 2008, (the Agreements) with Security Investments, LLC regarding cer-
tain real property legally described as:
Lot 29, Lot 30 and the South 1/3 of Lot 31, in the City of Dubuque, Iowa,
according to the United State Commissioners' Map thereof; and
Lot Fifty -Five (55) in the City of Dubuque, Iowa, according to the United
States Commissioner's Map thereof; and
Whereas, Security Investments, LLC now desires to assign its rights and responsibili-
ties under the Agreements to Cottingham & Butler, Inc.; and
Whereas, the Agreements require the consent of the City to any such assignment;
and
Whereas, the City Council of the City of Dubuque finds that the City of Dubuque
should consent to the assignments, a copy of which Assignment and Assumption
Agreement is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque hereby consents to the Assignment and Assumption
Agreement, a copy of which is attached hereto.
Passed, approved and adopted this 5th day of October, 2015.
Attest: Kevin S. Firnstahl, City Clerk
6
Roy D. Buol, Mayor
13. Restrictive Covenant for 1849 Jackson Street: City Manager recommending ap-
proval of a resolution attaching a single-family residence restrictive covenant to 1849
Jackson Street prior to the City's disposal of the property. Upon motion the documents
were received and filed and Resolution No. 335-15 Attaching a Single Family Resident
Restrictive Covenant, to 1849 Jackson Street, Dubuque, Iowa, was adopted.
RESOLUTION NO. 335-15
ATTACHING SINGLE FAMILY RESIDENCE RESTRICTIVE COVENANT TO 1849
JACKSON STREET, DUBUQUE, IOWA
Whereas, The City desires to attach restrictive covenants to 1849 Jackson Street pri-
or to disposal of said property; and
Whereas, said property will be disposed of by the City and the City desires said
property to be owner -occupied for a period of twenty one (21) years after the sale.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque approves the restrictive covenants
for 1849 Jackson Street, legally described as:
North YZ of the Middle 1/5 of Out Lot 490 in the City of Dubuque, Iowa, according
to the United States Commissioners Map thereof.
Section 2. The Mayor is hereby authorized and directed to sign this Resolution and
the Restrictive Covenant for the above described real estate.
Section 3. The City is Clerk is hereby authorized and directed to cause said Restric-
tive Covenant to be recorded in the Office of the Dubuque County Recorder, together
with a certified copy of this Resolution.
Passed, approved and adopted this 5th day of October, 2015
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Grandview/Loras and Grandview/University Intersection Improvements Project -
Set Fair Market Value and Start Eminent Domain Proceedings: City Manager recom-
mending approval of a resolution which establishes and sets the Just Compensation
Valuation (Fair Market Value) for each identified permanent easement to be acquired
based on the Eminent Domain Value Finding Appraisals Reports for the
Grandview/Loras and Grandview/University Intersection Improvements project. Upon
motion the documents were received and filed and Resolution No. 336-15 Establishing
the fair market value of real property for the Grandview / Loras and Grandview / Univer-
sity Intersection Improvements Project, directing good faith negations for the acquisition
of property and authorizing the commencement of Eminent Domain proceedings, if nec-
essary, to acquire property was adopted.
RESOLUTION NO. 336-15
ESTABLISHING THE FAIR MARKET VALUE OF REAL PROPERTY FOR THE
GRANDVIEW / LORAS AND GRANDVIEW / UNIVERSITY INTERSECTION IM-
PROVEMENTS PROJECT, DIRECTING GOOD FAITH NEGOTIATIONS FOR THE
ACQUISITION OF PROPERTY AND AUTHORIZING THE COMMENCEMENT OF EM-
INENT DOMAIN PROCEEDINGS, IF NECESSARY, TO ACQUIRE PROPERTY
7
Whereas, the City of Dubuque (City) has caused to be made appraisals of the prop-
erties described below for the Grandview / Loras and Grandview / University Intersec-
tion Improvements Project and the appraised values for the properties are listed below;
and
Whereas, the legal description of each of the properties to be acquired, the owners
and the appraised value of each of the properties is listed below; and
Whereas, the City Council has previously provided approval of the site and location
for the Grandview / Loras and Grandview / University Intersection Improvements Pro-
ect, and approved said project and the partial acquisition of property listed below for
said public improvement oroiect:
PROPERTY
OWNER(S)
APPRAISED VALUE
Part of Lot 52 in Woodlawn Park Sub.
as described on Exhibit A attached
Deborah Roth, Karla
Schoen, & William
Meyer
$120.00
Part of Lot 27 in Tschirgi & Schwinds
Sub. as described on Exhibit B attached
Debra J. and Robert
A. O'Connell
$195.00
and;
Whereas, Iowa law requires that the City make a good faith effort to negotiate with
the owners regarding the purchase before proceeding with condemnation; and
Whereas, the City may not make an offer to purchase a property which is less than
the fair market value City has established for the property; and
Whereas, the City Council now desires to establish the fair market value for each of
the properties; and
Whereas, the City wishes to acquire the properties listed for the Grandview / Loras
and Grandview / University Intersection Improvements Project by good faith negotiation
or eminent domain proceedings, if necessary.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
Section 1. The fair market value of each of the properties listed above is hereby es-
tablished to be the amount of its appraised value as listed above.
Section 2. The City Manager is directed to enter into good faith negotiations for the
acquisition for each of the above properties, and, if necessary, commence eminent do-
main proceedings to acquire the properties.
Passed, approved and adopted this 5th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Acceptance of Storm Sewer Easement at 2810 Wildwood Court: City Manager
recommending acceptance of a Grant of Permanent Easement for Storm Sewer across
2810 Wildwood Court from Stan and Charalin Simon. Upon motion the documents were
received and filed and Resolution No. 337-15 Accepting a grant of Permanent Ease-
ment for storm sewer through, over and across part of Lot 1 of S. Simon Place, in the
City of Dubuque, Iowa, was adopted.
8
RESOLUTION NO. 337-15
ACCEPTING A GRANT OF PERMANENT EASEMENT FOR STORM SEWER
THROUGH, OVER AND ACROSS PART OF LOT 1 OF S. SIMON PLACE, IN THE
CITY OF DUBUQUE, IOWA
Whereas, Stan L. and Charalin C. Simon have executed a Permanent Easement for
Storm Sewer through, over and across Part of Lot 1 of S. Simon Place, in the City of
Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac-
cepts and consents to the Grant of Permanent Easement for Storm Sewer through, over
and across Part of Lot 1 of S. Simon Place, in the City of Dubuque, Dubuque County,
Iowa from Stan L. and Charalin C. Simon, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution in the offices of the City Assessor, Dubuque County Re-
corder and Dubuque County Auditor.
Passed, approved and adopted this 5th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Brunskill Street Place Storm Water Detention Facility Acceptance: City Manager
recommending acceptance of the storm water detention facility that the developer,
McDermott Brothers Construction, has completed and is dedicating in Brunskill Street
Place in the City of Dubuque. Upon motion the documents were received and filed and
Resolution No. 338-15 Accepting stormwater detention facilities in Brunskill Street
Place, in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 338-15
ACCEPTING STORMWATER DETENTION FACILITIES IN BRUNSKILL STREET
PLACE, IN THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to Resolution Numbers 342-12, certain public improvements in-
cluding stormwater detention facilities on Lot A of Brunskill Street Place No. 1 were in-
stalled by the developer of Brunskill Street Place in the City of Dubuque, Iowa; and
Whereas, the said storm water detention facilities have been completed and the City
Manager has examined the work and has filed a certificate stating that the same has
been completed in accordance with the plans approved by the City Council and in con-
formance with City specifications, and has recommended that the improvements be ac-
cepted by the City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that said
storm water detention facilities in Brunskill Street Place in the City of Dubuque, Iowa, be
and the same is hereby accepted.
9
Section 2. That maintenance of said improvements shall be the responsibility of the
City and assessable to the property owners as outlined in Resolution Numbers 342-12.
Passed, adopted and approved this 5th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Acceptance of a Permanent Easement for Storm Sewer at 2595 Fulton Street:
City Manager recommending rescission of Resolution No. 318-15 and approval of a
new resolution correcting the legal description and property owner information in con-
nection with the acceptance of a permanent easement for storm sewer across a portion
of residential property at 2595 Fulton Street from Andrea and Joel Leach. Upon motion
the documents were received and filed and Resolution No. 339-15 Rescinding Resolu-
tion 318-15 and accepting a Grant of Permanent Easement for storm sewer through,
over and across part of Lot 27 in Highland Addition, in the City of Dubuque, Iowa, was
adopted.
RESOLUTION NO. 339-15
RESCINDING RESOLUTION 318-15 AND ACCEPTING A GRANT OF PERMANENT
EASEMENT FOR STORM SEWER THROUGH, OVER AND ACROSS PART OF LOT
27 IN HIGHLAND ADDITION, IN THE CITY OF DUBUQUE, IOWA
Whereas, Joel R. Leach and Andrea Leach have executed a Permanent Easement
for Storm Sewer through, over and across Part of Lot 27 Highland Addition, in the City
of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council passed Resolution 318-15, dated September 21, 2015,
approving the acceptance of a Grant of Easement for Storm Sewer through, over and
across Lot 2 of Lot 2 of Lot 2 of the W % of the NW 1/4 of Section 27; and Lot 2 of Lot 1
of Lot 2 of the NE 1/4 of the NE 1/4 of Section 28, all in Township 89 North, Range 2 East
of the 5th P.M., in the City of Dubuque, Dubuque County, Iowa from Halle Properties
LLC; and
Whereas, the Legal Description and Property Owner information in Resolution 318-
15 were incorrect and Resolution 318-15 should be rescinded.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac-
cepts and consents to the Grant of Permanent Easement for Storm Sewer through, over
and across Part of Lot 27 Highland Addition, in the City of Dubuque, Dubuque County,
Iowa from Joel R. Leach and Andrea Leach, a copy of which is attached hereto.
Section 2. Resolution 318-15 is hereby rescinded.
Section 3. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 4. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution in the offices of the City Assessor, Dubuque County Re-
corder and Dubuque County Auditor.
Passed, approved and adopted this 5th day of October, 2015.
Attest: Kevin S. Firnstahl, City Clerk
10
Roy D. Buol, Mayor
18. Grant of Permanent Easement and Agreements - Bus Shelters: City Manager
recommending Council approval of Easement Agreements and acceptance of Grants of
Permanent Easement for bus shelters at Windsor Park Retirement Apartments, 801
Davis Street, and Goodwill Industries, 2121 Holliday Drive. Upon motion the documents
were received and filed and Resolution No. 340-15 Approval of an agreement and ac-
cepting a Grant of Permanent Easement for a bus shelter located at Goodwill Industries,
2121 Holliday Drive in Dubuque, Iowa; and Resolution No. 341-15 Approval of an
agreement and accepting a Grant of Permanent Easement for a bus shelter located at
Windsor Park Retirement Apartments, 801 Davis Street in Dubuque, Iowa, were adopt-
ed.
RESOLUTION NO. 340-15
APPROVAL OF AN AGREEMENT AND ACCEPTING A GRANT OF PERMANENT
EASEMENT FOR A BUS SHELTER LOCATED AT GOODWILL INDUSTRIES, 2121
HOLLIDAY DRIVE, IN DUBUQUE, IOWA
Whereas, Goodwill Industries of Northeast Iowa Inc., the property owner of Lot 2-2 of
Holliday Addition No. 2 (Goodwill Industries), has executed an Easement Agreement
and granted a Permanent Easement dated August 26, 2015, for a bus shelter over said
lot.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac-
cepts and consents to the Easement Agreement and Grant of Permanent Easement for
a bus shelter located on a part of Lot 2-2 of Holliday Addition No. 2 (Goodwill Industries,
2121 Holliday Drive), in the City of Dubuque, Dubuque County, Iowa, a copy of which is
attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution in the offices of the City Assessor, Dubuque County Re-
corder and Dubuque County Auditor.
Passed, approved and adopted this 5th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 341-15
APPROVAL OF AN AGREEMENT AND ACCEPTING A GRANT OF PERMANENT
EASEMENT FOR A BUS SHELTER LOCATED AT WINDSOR PARK RETIREMENT
APARTMENTS, 801 DAVIS STREET, IN DUBUQUE, IOWA
Whereas, Callahan Construction Inc., the property owner of Lot 6 of Stone Hill Com-
munity Subdivision No. 1 (Windsor Park Retirement Apartments), has executed an
Easement Agreement and granted a Permanent Easement dated August 8, 2015, for a
bus shelter over said lot.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
11
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac-
cepts and consents to the Easement Agreement and Grant of Permanent Easement for
a bus shelter located on a part of Lot 6 of Stone Hill Community Subdivision No. 1
(Windsor Park Retirement Apartments, 801 Davis Street), in the City of Dubuque,
Dubuque County, Iowa, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution in the offices of the City Assessor, Dubuque County Re-
corder and Dubuque County Auditor.
Passed, approved and adopted this 5th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Restated Plan Document & Summary Plan Description for Point of Service Health
Care Plan: City Manager recommending approval for the City Manager to execute the
Restated Plan Document and Summary Plan Description for the City's health care plan
that incorporates all of the amendments. Upon motion the documents were received,
filed and approved.
20. Alternative Services Concepts, LLC (ASC) Agreement: City Manager recom-
mending authorization to execute an agreement with Alternative Services Concepts,
LLC (ASC) for worker's compensation claims services. Upon motion the documents
were received, filed and approved.
21. 2015 Department of Justice Body Worn Camera Grant Acceptance: City Manager
recommending approval of the acceptance of the 2015 Department of Justice Body
Worn Camera Grant. Upon motion the documents were received, filed and approved.
22. School Resource Officer Agreement: City Manager recommending approval of
the Fiscal Year 2015-2016 School Resource Officer Agreement between the City of
Dubuque Police Department and the Dubuque Community School District. Upon motion
the documents were received, filed and approved.
23. Drug Abuse Resistance Education (DARE) Program Agreement: City Manager
recommending approval of the Fiscal Year 2015-2016 DARE Agreement between the
City of Dubuque Police Department and the Dubuque Community School District. Upon
motion the documents were received, filed and approved.
24. 2015 Justice Assistance Grant (JAG) Application: City Manager recommending
acceptance of the 2015 Justice Assistance Grant (JAG) application. Upon motion the
documents were received, filed and approved.
25. Iowa's Clean Air Attainment Program (ICAAP) Application for Funding Traffic Im-
provements - NW Arterial and Pennsylvania Avenue: City Manager recommending ap-
proval of a resolution authorizing the City of Dubuque to submit an application to the lo -
12
wa Department of Transportation for Iowa's Clean Air Attainment Program (ICAAP) to
assist with funding a proposed right turn lane on Pennsylvania Avenue at the Northwest
Arterial. Upon motion the documents were received and filed and Resolution No. 342-15
Authorizing the filing of a grant application with the Iowa Department of Transportation
for Iowa Clean Air Attainment funding for the City of Dubuque Pennsylvania Avenue and
NW Arterial Right Turn Lane Improvement was adopted.
RESOLUTION NO. 342-15
AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE IOWA DE-
PARTMENT OF TRANSPORTATION FOR IOWA CLEAN AIR ATTAINMENT FUND-
ING FOR THE CITY OF DUBUQUE PENNSYLVANIA AVENUE AND NW ARTERIAL
RIGHT TURN LANE IMPROVEMENT
Whereas, the increasing growth of traffic volumes, along with operational and air
quality concerns, at the intersection of Pennsylvania Avenue and NW Arterial in the City
of Dubuque could be improved by adding a westbound right turn lane; and
Whereas, the City of Dubuque has determined that improvements to this intersection,
as recommended by the HDR Study commissioned by Iowa Department of Transporta-
tion, will improve traffic flow; and
Whereas, the City of Dubuque is seeking the necessary funding for project imple-
mentation and commits 20% matching funds required to access Iowa Clean Air Attain-
ment Funds, and upon completion, in cooperation with the Iowa Department of Trans-
portation, be responsible for adequately maintaining and operating the project for public
use during the project's useful life.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. The City files this grant application for funds through the Iowa Clean Air At-
tainment Program to fund Pennsylvania Avenue and NW Arterial right turn lane im-
provement.
Passed, approved and adopted this 5th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
26. Iowa's Clean Air Attainment Program (ICAAP) Application for Funding Traffic Im-
provements - NW Arterial and John F. Kennedy Road: City Manager recommending
approval of a resolution authorizing The City of Dubuque to submit an application to the
Iowa Department of Transportation for Iowa's Clean Air Attainment Program (ICAAP) to
assist with funding a proposed right turn lane on John F. Kennedy Road at the North-
west Arterial. Upon motion the documents were received and filed and Resolution No.
343-15 Authorizing the filing of a grant application with the Iowa Department of Trans-
portation for Iowa Clean Air Attainment funding for the City of Dubuque John F. Kenne-
dy Road and NW Arterial Right Turn Lane Improvements was adopted.
13
RESOLUTION NO. 343-15
AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE IOWA DE-
PARTMENT OF TRANSPORTATION FOR IOWA CLEAN AIR ATTAINMENT FUND-
ING FOR THE CITY OF DUBUQUE JOHN F. KENNEDY ROAD AND NW ARTERIAL
RIGHT TURN LANE IMPROVEMENT
Whereas, the increasing growth of traffic volumes, along with operational and air
quality concerns, at the intersection of John F Kennedy Road and NW Arterial in the
City of Dubuque could be improved by adding a southbound right turn lane; and
Whereas, the City of Dubuque has determined that improvements to this intersection,
as recommended by the HDR Study commissioned by Iowa Department of Transporta-
tion, will improve traffic flow; and
Whereas, the City of Dubuque is seeking the necessary funding for project imple-
mentation and commits 20% matching funds required to access Iowa Clean Air Attain-
ment Funds, and upon completion, in cooperation with the Iowa Department of Trans-
portation, be responsible for adequately maintaining and operating the project for public
use during the project's useful life.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. The City files this grant application for funds through the Iowa Clean Air At-
tainment Program to fund John F Kennedy Road and NW Arterial right turn lane im-
provement.
Passed, approved and adopted this 5th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
27. Code of Ordinances - Adoption of Supplement No. 19: City Clerk recommending
adoption of Supplement No. 19 to the City of Dubuque Code of Ordinances, which codi-
fies Ordinance Nos. 29-15 through 38-15, 40-15, 41-15, 42-15, 43-15 and 45-15
through 51-15 as adopted by the City Council through August 3, 2015. Upon motion the
documents were received and filed and Resolution No. 344-15 Adopting Supplement
No. 19 to the Code of Ordinances of the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 344-15
ADOPTING SUPPLEMENT NO. 19 TO THE CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA
Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance
No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entire-
ty; and
Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code of Ordinances and said amendments
have been printed as supplements to the Code of Ordinances; and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolu-
tion, become part of the Code of Ordinances.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
14
Section 1. That Supplement No. 19 of the Code of Ordinances of the City of Dubu-
que, Iowa, covering Ordinance Nos. 29-15 through 38-15, 40-15, 41-15, 42-15, 43-15
and 45-15 through 51-15 as adopted by the City Council through August 3, 2015, pre-
pared by the Sterling Codifiers, Inc., and filed in the Office of the City Clerk of the City of
Dubuque, Iowa is hereby adopted and becomes part of the Code of Ordinances of the
City of Dubuque, Iowa.
Passed, approved and adopted this 5th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
28. Compact of Mayors: City Manager transmitting Mayor Buol's letter of commitment
to join the Compact of Mayors. Upon motion the documents were received and filed.
29. Federal Energy Regulatory Commission (FERC) Correspondence: Correspond-
ence providing the City's response to the Federal Energy Regulatory Commission's
(FERC) Notice of Preliminary Permit Application proposing to study the feasibility of a
hydroelectric project at Lock and Dam No. 11. Upon motion the documents were re-
ceived and filed.
30. Improvement Contracts/Performance and Maintenance Bonds: Midwest Con-
crete, Inc., for the 2015 Asphalt Overlay Access Ramp Project Four. Upon motion the
documents were received, filed and approved.
31. Alcohol and Tobacco License Applications: City Manager recommending approv-
al of annual liquor, beer, wine and tobacco license applications as submitted. Upon mo-
tion the documents were received and filed and Resolution No. 345-15 Approving appli-
cations 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; and Resolution No. 346-15 Approving
applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Io-
wa Code 453A.47A were adopted.
RESOLUTION NO. 345-15
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:
15
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:
Aldi Inc. #30 2160 Holliday Dr. Class C Beer, Class B Wine (Sunday)
Carlos O'Kelly's 1355 Associates Dr. Class C Liquor (Catering) (Outdoor)
(Sunday)
Crust Italian Kitchen and
Bar
Denny's Lux Club
Fat Tuesday's
Fiesta Cancun Authentic
Mexican Restaurant
Grand River Center
Grand Tap
Huhot Mongolian Grill
Hy Vee #1 Clubroom
Hy -Vee Gas #2
L. May
The Copper Kettle
New
Kwik Stop #848
299 Main St.
3050 Asbury Rd.
1121 University Ave.
2515-1 NW Arterial
500 Bell St.
802 Central Ave.
555 JF Kennedy Rd.
#685
3500 Dodge St.
2435 NW Arterial
1072 Main St.
2987 Jackson St.
3201 Central Ave.
Class C Liquor, Class B Wine (Cater-
ing) (Outdoor) (Sunday)
Class C Liquor (Outdoor) (Sunday)
Class C Liquor (Sunday)
Class C Liquor (Outdoor) (Sunday)
Class C Liquor (Catering) (Sunday)
Class C Liquor (Sunday)
Special Class C Liquor (Sunday)
Special Class C Liquor (Sunday)
Class C Beer, Class B Native Wine
(Sunday)
Class C Liquor, Class B Wine (Cater-
ing) (Outdoor) (Sunday)
Class C Liquor, Class B Native Wine
(Living Qrt.) (Catering) (Outdoor)
(Sunday)
Class E Liquor, Class B Native Wine,
Class C Beer (Sunday)
Adding a Privilege
Iowa Welcome Center 280 Main St. Adding Class C Beer
Passed, approved and adopted this 5th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 346-15
APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NIC-
OTINE / VAPOR PERMITS, 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:
16
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.
Kwik Stop #848
3201 Central Ave.
Passed, approved and adopted this 5th day of October, 2015.
Roy D. Buol, Mayor
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 Connors. Motion carried 7-0.
1. Sewer Shed 7 and 10 Manhole Replacement Project: City Manager recommending
initiation of the public bidding procedure for the 2015 Sewershed 7 and 10 Manhole Re-
placement Project, and further recommends that a public hearing be set for October 19,
2015. Upon motion the documents were received and filed and Resolution No. 347-15
2015 Sewershed 7 & 10 Manhole Replacement Project; 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 advertise-
ment for bids was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on October 19, 2015 in the Historic Federal Building.
RESOLUTION NO. 347-15
2015 SEWERSHED 7 & 10 MANHOLE REPLACEMENT PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING
THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the 2015
Sewershed 7 & 10 Manhole Replacement Project in the estimated amount $142,591.50,
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 19th day of October, 2015, at 6:30 p.m. in the His-
toric Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Io-
wa, at which time interested persons may appear and be heard for or against the pro-
posed 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
estimated cost of the Project.
17
The 2015 Sewershed 7 & 10 Manhole Replacement Project is hereby ordered to be
advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the attached Notice to Bidders to be pub-
lished in a newspaper having general circulation in the City of Dubuque, Iowa, which
notice shall be published not less than four but not more than forty-five days before the
date for filing bids before 2:00 p.m. on the 22nd day of October, 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 2nd day of November, 2015, in the Historic Federal
Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 5th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. English Ridge - Housing Urban Renewal District: City Manager recommending ap-
proval of a Resolution of Necessity that finds that a Housing Urban Renewal Plan for
the English Ridge area is both necessary and appropriate, and set a public hearing on
the proposed plan for November 2, 2015. Upon motion the documents were received
and filed and Resolution No. 348-15 Resolution of Necessity finding that certain proper-
ty in English Ridge Subdivision is an Economic Development Area and that the devel-
opment of said Area is necessary in the interest of the residents of the City of Dubuque,
Iowa, and setting a date for hearing on a proposed Urban Renewal Plan for said District
was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on No-
vember 2, 2015 in the Historic Federal Building.
RESOLUTION NO. 348-15
RESOLUTION OF NECESSITY FINDING THAT CERTAIN PROPERTY IN ENGLISH
RIDGE SUBDIVISION IS AN ECONOMIC DEVELOPMENT AREA AND THAT THE
DEVELOPMENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE RESI-
DENTS OF THE CITY OF DUBUQUE, IOWA, AND SETTING A DATE FOR HEARING
ON A PROPOSED URBAN RENEWAL PLAN FOR SAID DISTRICT
Whereas, the City Council has determined that the active development of property is
a beneficial use that will enhance the City's ongoing economic development efforts; and
Whereas, the City Council has determined that the area described in Section 1 below
meets the definitions of an economic development area as defined in Chapter 403 "Ur-
ban Renewal" of the Iowa Code; and
Whereas, a significant need for housing units exists in the community and local re-
sources are needed to advance the development; 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.
18
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the area generally described in Attachment A to this Resolution is an
economic development area as defined by Chapter 403 of the Iowa Code and is appro-
priate for an urban renewal project.
Section 2. That the development of the English Ridge Housing Urban Renewal Area
is necessary and appropriate to facilitate the proper growth and development of the
community in accordance with sound planning and local community objectives.
Section 3. That the development of this area will provide new opportunities for quality
housing and job creation in the community.
Section 4. That the City Manager is authorized and directed to prepare an Urban Re-
newal Plan for the English Ridge Housing Urban Renewal Area, to forward said Plan to
the City's Long Range Planning Commission for review and comment and to begin the
consultation process required by law with affected taxing entities.
Section 5. That the City Clerk is directed to publish notice of a public hearing on the
adoption of an Urban Renewal Plan for the English Ridge Housing Urban Renewal Area
to be held on the 2nd day of November, 2015, at 6:30 p.m. in the Historic Federal Build-
ing in Dubuque, Iowa, 350 W. 6th Street, Dubuque, Iowa and that said notice shall gen-
erally identify the area covered by the Plan and the general scope of the Urban Renew-
al Plan activities planned for such area.
Section 6. That the City Clerk is further directed to send by ordinary mail a copy of
said Plan and notice of public hearing to the Dubuque Community School District, the
County Board of Supervisors and the Northeast Iowa Community College, as the affect-
ed taxing entities.
Passed, approved and adopted this 5th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointments to the following commissions were made at this meeting.
1. Civic Center Advisory Commission: One, 3 -year term through June 29, 2016 (Va-
cant term of Scott). Applicant: A. Alanda Gregory, 1560 Iowa St. #3. Motion by Connors
to appoint Ms. Gregory to a 3 -year term through June 29, 2016. Seconded by Resnick.
Motion carried 7-0.
2. Housing Commission: Three, 3 year terms through August 17, 2018 (Expiring At -
Large term of Fernandes; vacant At -Large term of Holz; and vacant Section 8 -Recipient
Term of Eubanks). Applicants: Anna Fernandes, 2191 Broadlawn (Qualifies for At -
Large); Nicolas Hobson, 1592 Locust St., (Qualifies for At -Large) (Additional Applicant);
Jill Kedley, 237 Southgate Dr. (Qualifies for At -Large); Coralita Shumaker, 305 W. 16th
St. (Qualifies as Section 8 Recipient) (Additional Applicant). Motion by Jones to appoint
Coralita Shumaker to the Section 8 Recipient term through August 17, 2018. Seconded
by Jones. Motion carried 7-0. Upon roll -call vote (Fernandes — 7; Hobson — Connors;
and Kedley — Braig, Lynch, Jones, Resnick, Buol, Sutton) Anna Fernandes and Jill Ked -
ley were appoint to 3 -year terms through August 17, 2018.
19
3. Transit Advisory Board: One, 3 year term through July 30, 2016 (Vacant term of
Knight). Applicants: Joel Lightcap, 1985 Alta Vista St.; Carrie Lohrmann, 1879 Denver
Dr. #7B. Upon roll -call vote (Lightcap — Lynch, Connors; Lohrmann — Braig, Jones,
Resnick, Buol, Sutton). Carrie Lohrmann was appointed to a 3 -year term through July
30, 2016.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council on the following items.
1. Voluntary Annexation - Bahl Property: Proof of publication on notice of public hear-
ing to consider approval of a voluntary annexation request from Martin J. and Linda C.
Bahl, and Terrance G. Bahl, for 1.3 acres of their property from Asbury Road north to
Forest Hills Subdivision in the City of Asbury and the City Manager recommending ap-
proval. Motion by Lynch to receive and file the documents and approve Resolution No.
349-15 Approving an application for voluntary annexation of territory to the City of
Dubuque, Iowa. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 349-15
APPROVING AN APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY
TO THE CITY OF DUBUQUE, IOWA
Whereas, the City of Dubuque has received a written application from property own-
ers Martin J. and Linda C. Bahl and Terrance G. Bahl for the voluntary annexation of
approximately 1.30 acres of territory generally located from Asbury Road north to Forest
Hills Subdivision in the City of Asbury, Iowa; and
Whereas, the annexation territory is not subject to an existing annexation moratorium
agreement and does not include any State or railroad property; and
Whereas, the annexation territory does not abut Dubuque County right-of-way; and
Whereas, the annexation territory requires severance from the City of Asbury, and
said severance has been granted by the City of Asbury; and
Whereas, Chapter 368 of the Iowa Code authorizes the extension of City limits in sit-
uations of this character by adoption of a resolution after notification and public hearing;
and
Whereas, this annexation is consistent with the City's Comprehensive Plan; and
Whereas, the City of Dubuque has the capacity to provide substantial municipal ser-
vices to the annexation territory; and
Whereas, the annexation is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the application of property owners Martin J. and Linda C. Bahl and
Terrance G. Bahl for the voluntary annexation of approximately 1.30 acres of territory
generally located from Asbury Road north to Forest Hills Subdivision in the City of As-
bury, Iowa, said territory lying outside of the corporate limits of the City of Dubuque, Io-
wa, as shown on Exhibit A and legally described as Lot 2 of the West Half of the North -
20
west Quarter of Section 19, Township 89 North, Range 2 East, is hereby approved for
annexation to the City of Dubuque.
Section 2. That the annexation territory requires severance from the City of Asbury,
and said severance has been granted by the City of Asbury in accordance with Chapter
368 of the Iowa Code.
Section 3. That, subject to the approval of the City Development Board, the corporate
limits of the City of Dubuque be and they hereby are extended to include the approxi-
mately 1.30 acres of annexation territory as shown on Exhibit A.
Section 4. That the City Council of Dubuque does hereby certify that the City of
Dubuque has complied with the notice and hearing requirements of the Iowa Code per-
taining to voluntary annexation of territory outside an urbanized area of another city.
Section 5. That if the City Development Board approves this annexation, the territory
hereby annexed shall become a part of Ward One of the City of Dubuque.
Section 6. That the City Clerk shall file this resolution, all exhibits and the applications
for voluntary annexation with the City Development Board of the State of Iowa in ac-
cordance with the provisions of Chapter 368 of the Iowa Code.
Passed, approved and adopted this 5th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Sale of Property at 1501-1503 Bluff Street: Proof of publication on notice of public
hearing to consider disposing of City -owned real property at 1501 - 1503 Bluff Street to
Ethan D. and Valerie R. Winn and the City Manager recommending approval. Motion by
Braig to receive and file the documents and adopt Resolution No. 350-15 Disposing of
City interest in real property located at 1501-03 Bluff Street in the City of Dubuque, Io-
wa. Seconded by Resnick. Motion carried 7-0.
RESOLUTION NO. 350-15
DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 1501-03
BLUFF STREET, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 322-15, dated September 21, 2015,
declared its intent to dispose of City interest in real property located at 1501-03 Bluff
Street, legally described as:
The Easterly 90 feet of the Northerly 40 feet of Lot 3, and the Easterly 100 feet of
the Southerly 2 feet of Lot 4 in D.N. Cooley's subdivision of out lots 667, 668 and
669 in the City of Dubuque, Iowa, according to the recorded plat thereof:
1501-03 Bluff Street (the Property); and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on October 5, 2015 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th
Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that approval of the purchase
agreement for the sale to Ethan D. and Valerie R. Winn according to the terms and
conditions set out in the purchase agreement is in the public interest of the City of
Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA;
21
Section 1. The purchase agreement by and between the City of Dubuque and Ethan
D. and Valerie R. Winn for the sale of the Property, is hereby approved.
Section 2. The Mayor and City Clerk are hereby authorized and directed to execute
and deliver a Special Warranty Deed, conveying the City's interest in the Property to
Ethan D. and Valerie R. Winn.
Section 3. That the City Clerk is hereby authorized and directed to cause said Special
Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together
with a certified copy of the Resolution.
Passed, approved, and adopted this 5th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1. StartUp Dubuque Presentation: Greater Dubuque Development Corp. (GDDC)
CEO Rick Dickinson introduced David Lyons, GDDC Sustainable Innovations Consult-
ant, NICC President Dr. Liang Chee Wee and Cartegraph CEO Jake Schneider who
provided a presentation on GDDC's StartUp Dubuque program, a concierge -level ser-
vice that provides startup tools and resources for new businesses and entrepreneurs
located in the Schmid Innovation Center, 900 Jackson St. Motion by Jones to receive
and file the information. Seconded by Connors. Motion carried 7-0.
2. Donation of Sculptures: Correspondence from artist James Avery requesting that
the City accept the donation of two transportation -themed sculptures for display inside a
public building. Motion by Connors to receive and file the documents and accept the
donation. Seconded by Braig. City Manager Van Milligen stated that the City has avail-
able storage of the artwork until staff brings options for final display locations to the
Council at a later date. Motion carried 7-0.
3. Upper Bee Branch Creek Mississippi River Trail Project Award: City Manager rec-
ommending award of the construction contract for the Upper Bee Branch Creek Missis-
sippi River Trail Project to the sole bidder, Portzen Construction, Inc., subject to Iowa
Department of Transportation approval. Motion by Braig to receive and file the docu-
ments and adopt Resolution No. 351-15 Awarding Public Improvement Contract for the
Upper Bee Branch Creek Mississippi River Trail (MRT) Iowa DOT Project No. SB -IA -
2100(675) --7T-31. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 351-15
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE UPPER BEE BRANCH
CREEK MISSISSIPPI RIVER TRAIL (MRT) IOWA DOT PROJECT NO. SB -IA -
2100(675) -7T-31
Whereas, said sealed proposals were opened and read by the Iowa Department of
Transportation on the 15th day of September, 2015 and it has been determined that
22
Portzen Construction, Inc. of Dubuque, Iowa, with a bid in the amount of $1,823,521.58
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 in the amount of $1,823,521.58 is
hereby awarded to Portzen Construction, Inc., subject to the concurrence by Iowa De-
partment of Transportation, 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 5th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Lake Eleanor Road Lift Station and Water Main Extension Project Award: City
Manager recommending award of the construction contract for the Lake Eleanor Road
Lift Station and Water Main Extension Project to the low bidder, Horsfield Construction,
Inc. Motion by Lynch to receive and file the documents and adopt Resolution No. 352-
15 Awarding Public Improvement Contract for the Lake Eleanor Road Lift Station and
Water Main Extension Project. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 352-15
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE LAKE ELEANOR LIFT
STATION AND WATER MAIN EXTENSION PROJECT
Whereas, sealed proposals have been submitted by contractors for the Lake Eleanor
Lift Station Water Main Extension Project (the Project) pursuant to Resolution No. 303-
15 and Notice to Bidders published in a newspaper published in the City of Dubuque,
Iowa on the 11th day of September, 2015.Whereas, said sealed proposals were opened
and read on the 24 day of September, 2015, and it has been determined that Horsfield
Construction, Inc. of Epworth, Iowa, with a bid in the amount of $399,881.75, is the low-
est 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 Horsfield Con-
struction, Inc. and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 5th day of October, 2015.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Enhanced Neighborhood Support Report: City Manager submitting a status report
on current community efforts to invest in people and neighborhoods to have a high qual-
ity of life and preserve the ability of citizens to feel and be safe; and recommending
modification of the City's current street lighting policy, and the addition of security cam-
eras in the current and future fiscal years. Motion by Jones to receive and file the doc-
uments and approve the recommendations. Seconded by Braig. Consensus among the
City Council that public safety is inherent in all Council goals, Council and staff have
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been committed over time to safety concerns and installing solutions, and that public
safety includes proactive neighbors. City Engineer Gus Psihoyos and Housing and
Community Development Director Alvin Nash addressed questions about street lighting
affected by tree trimming and rental housing maintenance inspections. Council Member
Lynch suggested staff meet with area mental health partners as part of the process. Mo-
tion carried 6-1 with Sutton voting nay.
6. Request to Schedule Work Session on Enhanced Neighborhood Support: City
Manager recommending approval to schedule a work session for October 19, 2015, at
5:00 p.m. on Enhanced Neighborhood Support. Motion by Braig to receive and file the
documents and set the work session as recommended. Seconded by Resnick. Motion
carried 7-0.
7. Request to Schedule Work Session on Project H.O.P.E.: City Manager recom-
mending approval to schedule a work session for November 16, 2015, at 5:30 p.m. on
Project H.O.P.E. Motion by Braig to receive and file the documents and set the work
session as recommended. Seconded by Resnick. Motion carried 7-0.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:09 p.m. to discuss pending litiga-
tion and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Second-
ed by Connors. Motion carried 7-0.
Upon motion the City Council reconvened in open session at 9:24 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 9:25 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
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