12 19 16 City Council Proceedings Official - RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on December 19, 2016
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick;
City Manager Van Milligen, City Attorney Brumwell
Absent: Council Member Rios
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose
of as indicated. Seconded by Resnick. Motion carried 6-0.
1. Minutes and Reports Submitted: Cable TV Commission of 12/7; City Council Pro-
ceedings of 12/5, 12/12; Community Development Advisory Commission of 11/22; Five
Flags Civic Center Commission of 11/28; Historic Preservation Commission of 11/17;
Long Range Planning Advisory Commission of 11/17; Zoning Board of Adjustment of
11/17; Proof of Publication for City Council Proceedings of 11/21, 11/28. Upon motion the
documents were received and filed.
2. Notice of Claims and Suits: Elizabeth Hass for personal injury. Upon motion the
documents were received, filed and referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Elizabeth Hass for personal injury; Michael Jelinske for vehicle damage;
Alison Schmitt for vehicle damage. Upon motion the documents were received, filed and
concurred.
4. Jule Transit Annual Report: City Manager transmitting the Fiscal Year 2016 Jule
Transit Annual Report and highlights of operating statistics. Upon motion the documents
were received and filed.
5. Winter Reminders Brochure: City Manager submitting the Winter Reminders public
information brochure. Upon motion the documents were received and filed.
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6. Sky Blue Estates Stormwater Management: City Manager transmitting information
relating to the stormwater management issues that arose during construction of the first
phase of the Sky Blue Estates Subdivision and outlining steps taken to address the issues
and prevent repeating them as a result of the development of Sky Blue Estates #2. Upon
motion the documents were received and filed.
7. Kennedy Road Right -of -Way Acquisition (The Barony Inc.): City Manager recom-
mending approval of the acquisition of real estate owned by The Barony, Inc. along the
Kennedy Road right-of-way to clean up the City boundary and facilitate economic devel-
opment projects in the area. Upon motion the documents were received and filed and
Resolution No. 414-16 Approving the acquisition of real estate owned by the Barony, Inc.
was adopted.
RESOLUTION NO. 414-16
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY THE BARONY, INC.
Whereas, the City of Dubuque intends to acquire certain real estate as necessary along
the Kennedy Road right-of-way to clean up the City boundary and facilitate an economic
development project in the area; and
Whereas, The Barony Inc., a defunct Iowa corporation, is the Owner of this certain real
estate. As the shareholders for The Barony, Inc. are deceased the heirs were identified,
located, and they have voluntarily agreed to sell to the City of Dubuque the certain real
estate legally described as follows (the Property):
Lot A of Goldthorp Place in the County of Dubuque, Iowa;
Lot B of Goldthorp Place in the County of Dubuque, Iowa;
Lot C of Goldthorp Place in the County of Dubuque, Iowa;
Lot D of Goldthorp Place in the County of Dubuque, Iowa; and
Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the
City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by
the City of Dubuque through its exercise of the power of eminent domain under Chapter
6B of the Code of Iowa; and
Whereas, the heirs of The Barony, Inc's. shareholders have agreed on behalf of The
Barony, Inc. to sell the property for a total cost of $44,500.00; and
Whereas, the $44,500.00 cost for the City to acquire the property corresponds to the
costs the City would incur if the property was acquired through the eminent domain pro-
cess; and
Whereas, a purchase agreement has been finalized with the heirs of The Barony, Inc's.
shareholders on behalf of The Barony, Inc. as owner of the real estate scheduled for
acquisition; and
Whereas, it is in the best interest of the City to acquire the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the
Offer to Buy Real Estate and Acceptance attached hereto.
Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim
Deed from the heirs of The Barony, Inc.'s shareholders, conveying the owner's interest
to the City of Dubuque, Iowa for the herein described real estate.
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Section 3. That the City Clerk be and is hereby authorized and directed to cause said
Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together
with a certified copy of this Resolution.
Passed, approved and adopted this 19th day of December, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Kennedy Road Right -of -Way Acquisition (Richman): City Manager recommending
approval of the acquisition of real estate owned by John and Diane Richman along the
Kennedy Road right-of-way to clean up the City boundary and facilitate economic devel-
opment projects in the area. Upon motion the documents were received and filed and
Resolution No. 415-16 Approving the acquisition of real estate owned by John T. and
Diane M. Richman was adopted.
RESOLUTION NO. 415-16
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY JOHN T. AND DI-
ANE M. RICHMAN
Whereas, the City of Dubuque intends to acquire certain real estate as necessary along
the Kennedy Road right-of-way to clean up the City boundary and facilitate an economic
development project in the area; and
Whereas, John and Diane Richman, the Owners of this certain real estate have volun-
tarily agreed to sell to the City of Dubuque the certain real estate legally described as
follows (the Property):
Lot 1A of Lot 2 of Lot 3 of Helen E. and Mary H. Stewart Subdivision, Section 16,
Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of
Dubuque, Iowa; and
Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the
City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by
the City of Dubuque through its exercise of the power of eminent domain under Chapter
6B of the Code of Iowa; and
Whereas, the Owners have agreed to sell the property for a total cost of $7,680.00;
and
Whereas, the $7,680.00 cost for the City to acquire the Owners' property corresponds
to the costs the City would incur if the property was acquired through the eminent domain
process; and
Whereas, a purchase agreement has been finalized with the owners of the real estate
scheduled for acquisition; and
Whereas, it is in the best interest of the City to acquire the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the
Offer to Buy Real Estate and Acceptance attached hereto.
Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim
Deed from the owners, conveying the owners' interest to the City of Dubuque, Iowa for
the herein described real estate.
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Section 3. That the City Clerk be and is hereby authorized and directed to cause said
Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together
with a certified copy of this Resolution.
Passed, approved and adopted this 19th day of December, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Bee Branch Creek Restoration Project - Acquisition of 411 E. 15th Street: City Man-
ager recommending approval to amend the purchase agreement for the acquisition of
411 E. 15th Street to reflect the sharing of costs associated with the environmental cleanup
required for the City's intended use of the property. Upon motion the documents were
received and filed and Resolution No. 416-16 Amending the Purchase Agreement for the
Acquisition of real estate owned by Blum Properties, Inc. in the City of Dubuque and
authorizing application for U.S. EPA Brownfield Cleanup Grant Funding for the real estate
was adopted.
RESOLUTION NO. 416-16
AMENDING THE PURCHASE AGREEMENT FOR THE ACQUISITION OF REAL ES-
TATE OWNED BY BLUM PROPERTIES, INC. IN THE CITY OF DUBUQUE AND AU-
THORIZING APPLICATION FOR U.S. EPA BROWNDFIELDS CLEANUP GRANT
FUNDING FOR THE REAL ESTATE
Whereas, the City of Dubuque intends to acquire certain properties located in the area
of the Bee Branch Creek Restoration Project for stormwater mitigation activities as rec-
ommended in the Drainage Basin Master Plan; and
Whereas, it was determined that property owned by Blum Properties, Inc. (Blum) at
411 E. 15th Street (the Property) would provide the needed space to construct the Bee
Branch Watershed Flood Mitigation Maintenance Facility; and
Whereas, an environmental assessment was performed at the Property finding con-
tamination by oil and lead on the Property that provided an indication of the areas of
concern that, due to the City's proposed use of the property, would require environmental
cleanup; and
Whereas, a purchase agreement was finalized with the Blum Properties, Inc., owner
of the Property described as Lots 182, 182A, 183, 184, 185, 186, West 65' of Lots 217,
218, 219, 220, & 221, and East 35' of Lots 217, 218, 219, 220, & 221 all in East Dubuque
Addition, in the City of Dubuque, Dubuque County, Iowa; and
Whereas, the City Council passed Resolution 172-14 approving the acquisition of the
Property for the Bee Branch Creek Restoration Project; and
Whereas, per the terms of the Total Acquisition Agreement (Purchase Agreement) the
City will pay $500,000 for the Property; and
Whereas, a subsequent environmental assessment performed in 2016 confirmed the
presence of petroleum/waste oil and metal related pollutants, it also reported the pres-
ence of Polychlorinated Biphenyl (PCBs) and health risks to anyone who routinely enters
the property; and
Whereas, the additional environmental issues will require additional environmental
cleanup costs; and
Whereas, Blum Properties, Inc. has agreed to amending the terms of the Total Acqui-
sition Agreement (Purchase Agreement) reducing the purchase price to $100,000 with
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$400,000 to be held by the City in a designated account to be drawn by the City to pay
for 50% of the environmental cleanup costs after any and all state or federal grant funds
secured by the City specifically for environmental cleanup activities are exhausted and
the City; and
Whereas, per the amended terms the City would agree to apply for U.S. EPA Brown -
fields Cleanup Grant funding in 2016 and again in 2017 in an attempt to secure funding
assistance for performance of the environmental cleanup required for the City's intended
use of the property; and
Whereas, the City must own the property by December 22, 2016 in order to apply for
U.S. EPA Brownfields Cleanup Grants in 2016; and
Whereas, it is in the best interest of the City to purchase the property per the terms of
the First Amendment to the Purchase Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the First Amendment to the Purchase Agreement for 411 E. 15th Street
is hereby approved.
Section 2. That the Mayor is authorized to sign and submit documents as required for
the City's application for U. S. EPA Brownfields Cleanup Grant funding in 2016 and 2017.
Passed, approved and adopted this 19th day of December, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Kennedy Road Right -of -Way Acquisition (Gilbert Merritt): City Manager recom-
mending approval of the acquisition of real estate owned by Lawrence Gilbert Merritt
along the Kennedy Road right-of-way to clean up the City boundary and facilitate eco-
nomic development projects in the area. Upon motion the documents were received and
filed and Resolution No. 417-16 Approving the acquisition of real estate owned by Law-
rence Merritt from his heirs Virginia Jahnke, Madonna Merritt, Carol Nesteby, and Juanita
Schlarmann was adopted.
RESOLUTION NO. 417-16
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY LAWRENCE MER-
RITT FROM HIS HEIRS VIRGINIA JAHNKE, MADONNA MERRITT, CAROL
NESTEBY, AND JUANITA SCHLARMANN
Whereas, the City of Dubuque intends to acquire certain real estate as necessary along
the Kennedy Road right-of-way to clean up the City boundary and facilitate an economic
development project in the area; and
Whereas, Lawrence Merritt, who died in 1974, remains the owner of certain real estate
legally described as follows (the Property):
Lot 2A of Lot 1-1-1-1-1-1-3 of Helen E. and Mary H. Steward Subdivision, Section
16, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County of
Dubuque, Iowa; and
Whereas, the heirs of Lawrence Merritt identified as Virginia Jahnke, Madonna Merritt,
Carol Nesteby, and Juanita Schlarmann, have voluntarily agreed to sell to the City of
Dubuque the certain real estate; and
Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the
City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by
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the City of Dubuque through its exercise of the power of eminent domain under Chapter
6B of the Code of Iowa; and
Whereas, the Owners have agreed to sell the property for a total cost of $5,337.00;
and
Whereas, the $5,337.00 cost for the City to acquire the Owners' property corresponds
to the costs the City would incur if the property was acquired through the eminent domain
process; and
Whereas, a purchase agreement has been finalized with the owners of the real estate
scheduled for acquisition; and
Whereas, it is in the best interest of the City to acquire the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the
Offer to Buy Real Estate and Acceptance attached hereto.
Section 2. That the City of Dubuque be and is hereby authorized to accept a Quit Claim
Deed from the heirs of Lawrence Merritt, conveying their interest to the City of Dubuque,
Iowa for the herein described real estate.
Section 3. That the City Clerk be and is hereby authorized and directed to cause said
Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together
with a certified copy of this Resolution.
Passed, approved and adopted this 19th day of December, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Pre -Annexation Agreement - Timber Ridge Estates, LLC: City Manager recom-
mending approval of a Pre -Annexation Agreement with Timber Ridge Estates, LLC, in
conjunction with a request for approval of the Final Plat of Timber Ridge Estates. Upon
motion the documents were received and filed and Resolution No. 418-16 Pre -Annexa-
tion Agreement between the City of Dubuque, Iowa and Timber Ridge Estates, LLC was
adopted.
RESOLUTION NO. 418-16
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND TIMBER RIDGE ESTATES, LLC
Whereas, Timber Ridge Estates, LLC, the owner of the following described property in
Dubuque County, Iowa (the Property) has submitted to the City Council of the City of
Dubuque an application for voluntary annexation of the Property to the City of Dubuque:
The North Half of the Southeast Quarter of the Northeast Quarter of Section 9,
Township 89 North, Range 2 East of the 5m P.M., Dubuque County, Iowa, except
for the East 10 feet thereof, more particularly described as follows: Beginning at the
northwest corner of the Southeast Quarter of the Northeast Quarter of Said Section
9; then S88"37'28" E, 1311.90 feet: thence N00 "41'21"E, 651.31 feet: N89
"02'23"W, 1325.77 feet to the west line of the Southeast Quarter of the Northeast
Quarter of said Section 9: thence S00 "33'24"E, 542.01 feet to the point of beginning,
containing 19.574 acres which includes 2.206 acres of public road right-of-way.
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Whereas, Timber Ridge Estates, LLC has entered into a Pre -annexation Agreement
with the City of Dubuque, a copy of which is attached hereto governing the future annex-
ation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of
the City of Dubuque, necessary for the future orderly growth and development of the City
of Dubuque, and will promote efficient and cost effective extension of municipal services;
and
Whereas, the City Council finds that the annexation of the Property is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Timber Ridge Estates, LLC
and the City of Dubuque is hereby approved.
Passed, approved and adopted this 19th day of December, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Timber-Hyrst Estates No. 4 - Time Extension: City Manager recommending ap-
proval of an extension of time for North Cascade Developers, LLC to complete the re-
quired remaining public improvements in Timber-Hyrst Estates No. 4. Upon motion the
documents were received and filed and Resolution No. 419-16 Amending Resolution No.
181-14 Approving the Final Plat of Timber-Hyrst Estates #4 in the City of Dubuque, Iowa
was adopted.
RESOLUTION NO. 419-16
AMENDING RESOLUTION NO. 181-14 APPROVING THE FINAL PLAT OF TIMBER-
HYRST ESTATES # 4 IN THE CITY OF DUBUQUE, IOWA
Whereas, on June 16, 2014, the City Council adopted Resolution No. 181-14 approv-
ing the final plat of Timber-Hyrst Estates # 4 in the City of Dubuque, Iowa; and
Whereas, Section 3(d) of Resolution No. 181-14 required the owner to construct cer-
tain public improvements prior to two years from the date of acceptance of the resolution;
and
Whereas, all public improvements, except for accessible sidewalk ramps and sidewalk
along the east side of Creekwood Drive from Station 70+50 to North Cascade Road, have
been installed by the owner; and
Whereas, the owner has requested an extension of time in which to construct said curb
ramp and sidewalk improvements; and
Whereas, the City Council finds that it is in the best interests of the City of Dubuque to
grant an extension for the construction of said improvements.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Resolution No. 181-14, Section 3(d) is hereby amended to read as follows:
7
To construct the improvements outlined in (a) and (b) and (c) within two (2) years
from the date of acceptance of this resolution, at the sole expense of North Cascade
Road Developers, LLC, or future owner. The owner agrees to construct said curb
ramp and sidewalk improvements prior to the 1st day of June 15, 2017, at the sole
expense of the owner or future owner.
Section 2. All other requirements and obligations of Resolution No. 181-14 shall remain
in full force and effect as provided therein.
Passed, approved and adopted this 19th day of December, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Offer to Buy Excess Right -of -Way at Fengler Street and Kerper Boulevard: City
Manager recommending approval of an agreement for the City to acquire a portion prop-
erty owned by Giese Company, LLC in exchange for the vacation of a portion of excess
right-of-way on Kerper Boulevard at Fengler Street. Upon motion the documents were
received and filed and Resolution No. 420-16 Approving an Offer to Purchase Agreement
for the acquisition of property at Fengler Street and Kerper Boulevard between the City
of Dubuque, Iowa and Giese Company, LLP was adopted.
RESOLUTION NO. 420-16
APPROVING AN OFFER TO PURCHASE AGREEMENT FOR THE ACQUISITION OF
PROPERTY AT FENGLER STREET AND KERPER BOULEVARD BETWEEN THE
CITY OF DUBUQUE, IOWA AND GIESE COMPANY LLP
Whereas, the City of Dubuque is party to an Offer to Purchase Agreement with Giese
Company LLP, whereby the City would acquire a portion of Lot 1 of Block 19 in River
Front Subdivision No. 3 owned by Giese Company LLP (Giese) in exchange for the va-
cation of a portion of excess right of way of Kerper Boulevard; and
Whereas, the City of Dubuque has determined that the Kerper Boulevard Sanitary
Sewer Repair Project will require that certain public improvements to be located on prop-
erty currently owned by Giese and Giese agrees that such improvements are reasonable
and necessary; and
Whereas, Giese Company LLP, has executed the Offer to Purchase Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Offer to Purchase Agreement attached hereto is hereby approved.
Section 2. The City Manager is authorized and directed to execute the Offer to Pur-
chase Agreement on behalf of the City of Dubuque
Passed, approved, and adopted this 19th day of December, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Request for Proposals - Engineering Services for the Bee Branch Watershed Flood
Mitigation Project: City Manager recommending authorization to release an RFP and en-
ter into contract negotiations with an engineering consulting firm to provide services as
needed for the design, bidding, and construction of the 22nd Street/Kaufmann Avenue
Storm Sewer Improvements and the 17th Street/W. Locust Street Storm Sewer Improve-
ments. Upon motion the documents were received, filed and approved.
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15. ICAAP Grant Application for Grandview Avenue and University Avenue Rounda-
bout Project: City Manager recommending authorization to submit an application for an
Iowa Clean Air Attainment Program (ICAAP) grant to assist with funding a proposed North
Grandview Avenue and University Avenue Roundabout Intersection improvement. Upon
motion the documents were received and filed and Resolution No. 421-16 Authorizing the
filing of a grant application with the Iowa Department of Transportation for an Iowa Clean
Air Attainment Program (ICAAP) Grant for the City of Dubuque North Grandview Avenue
and University Avenue Roundabout Intersection Improvement was adopted.
RESOLUTION NO. 421-16
AUTHORIZING THE FILING OF A GRANT APPLICATION WITH THE IOWA DEPART-
MENT OF TRANSPORTATION FOR AN IOWA CLEAN AIR ATTAINMENT PROGRAM
(ICAAP) GRANT FOR THE CITY OF DUBUQUE NORTH GRANDVIEW AVENUE AND
UNIVERSITY AVENUE ROUNDABOUT INTERSECTION IMPROVEMENT
Whereas, the increasing growth of traffic volumes, along with operational and safety
concerns, at North Grandview Avenue and University Avenue in the City of Dubuque
could be improved by a roundabout; and
Whereas, the City of Dubuque has determined that improvements to this intersection,
as recommended by the Iowa Department of Transportation Office of Traffic Safety, will
improve traffic flow; and
Whereas, the City of Dubuque is seeking the necessary funding for project implemen-
tation, and upon completion, in cooperation with the Iowa Department of Transportation,
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 supports and hereby authorizes submitting a grant application for
funds through the Iowa Clean Air Attainment Program (ICAAP) to partially fund the pro-
posed North Grandview Avenue and University Avenue Roundabout Intersection Im-
provement.
Passed, approved and adopted this 19th day of December, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Valentine Park - Fiscal Year 2017 REAP Grant Agreement: City Manager recom-
mending approval of the FY 2017 Resource Enhancement and Protection (REAP) Grant
Agreement with the Iowa Department of Natural Resources for the Valentine Park Expan-
sion — Roepsch Property. Upon motion the documents were received and filed and Res-
olution No. 422-16 Authorizing FY 2017 REAP Grant Agreement with Iowa Department
of Natural Resources for Valentine Park Expansion Project - Roepsch Property was
adopted.
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RESOLUTION NO. 422-16
AUTHORIZING FY2017 REAP GRANT AGREEMENT WITH IOWA DEPARTMENT OF
NATURAL RESOURCES FOR VALENTINE PARK EXPANSION PROJECT - ROEP-
SCH PROPERTY
Whereas, the Iowa Department of Natural Resources has allocated grant funds from
REAP (Resource Enhancement and Protection) for projects that help establish natural
areas, encourage outdoor recreation, and enhance and protect Iowa's natural and cultural
resources; and
Whereas, the City of Dubuque has adopted the 2012 Comprehensive Plan that in-
cludes goals for environmental quality, park improvements, and acquisition of parkland.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authorized to sign the FY 2017 REAP Grant Agreement
with the Iowa Department of Natural Resources for the Valentine Park Expansion Project
- Roepsch Property in the amount of $140,790.
Section 2. That the City Council hereby provides its written assurance that the com-
pleted project will be adequately maintained for its intended use in accordance with state
requirements.
Passed, approved and adopted this 19th day of December, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. AmeriCorps Partners in Learning Grant Application: City Manager recommending
approval of the 2017-2018 AmeriCorps Partners in Learning Campaign for Grade Level
Reading Grant application. Upon motion the documents were received, filed and ap-
proved.
18. Property Tax Appeal Settlement - Medical Associates Realty, LLC: Senior Counsel
recommending approval of the Stipulation of Settlement for a property tax appeal filed by
Medical Associates Realty, LLC for property located at 990 Langworthy Street. Upon mo-
tion the documents were received, filed and approved.
19. SW Arterial Iowa DOT Funding Agreement Military Road Reconstruction Project:
City Manager recommending approval for the Mayor to execute the Iowa Department of
Transportation Cooperative Preconstruction Funding Agreement for the Southwest Arte-
rial -Military Road Reconstruction Project. Upon motion the documents were received and
filed and Resolution No. 423-16 Approving the Cooperative Preconstruction Funding
Agreement (Agreement No. 2017-16-056) between the City of Dubuque and Iowa De-
partment of Transportation for the Southwest Arterial - Military Road Reconstruction Pro-
ject was adopted.
RESOLUTION NO. 423-16
APPROVING THE COOPERATIVE PRECONSTRUCTION FUNDING AGREEMENT
(AGREEMENT NO. 2017-16-056) BETWEEN THE CITY OF DUBUQUE AND IOWA DE-
PARTMENT OF TRANSPORTATION FOR THE SOUTHWEST ARTERIAL - MILITARY
ROAD RECONSTRUCTION PROJECT
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Whereas, the Dubuque City Council, the Dubuque County Board of Supervisors, the
Dubuque Metropolitan Area Transportation Study (DMATS), the Dubuque Area Chamber
of Commerce and the Greater Dubuque Development Corporation have all identified the
completion of the Southwest Arterial Project as the No. 1 surface transportation priority in
the Dubuque area; and
Whereas, the City of Dubuque (City) and Iowa Department of Transportation (Iowa
DOT) desire to maintain and increase transportation infrastructure while improving safety
for the motorist within the City of Dubuque and Dubuque County and acknowledge the
mutual benefit to partner on the Southwest Arterial Project; and
Whereas, the City and the Iowa DOT executed a Memorandum of Understanding
(MOU) and a Transfer of Roadway Jurisdiction (TOJ) for the completion of the Southwest
Arterial project; and
Whereas, the Iowa DOT and City, in joint cooperation propose to Transfer the Juris-
diction of the Southwest Arterial from the City to the Iowa DOT in exchange for the Trans-
fer of Jurisdiction of the Northwest Arterial (Iowa 32), and portions of existing U.S. 52/Iowa
3 from the Iowa 32/John Deere Road intersection to the intersection of U.S. 61 in down-
town Dubuque, from the State to the City, after the Southwest Arterial is completed and
open to traffic; and
Whereas, The Military Road Reconstruction project will provide for the reconstruction
(grading, bridge and paving) of Military Road which will allow the future Southwest Arterial
to travel under the new Military Road Bridge; and
Whereas, the City was responsible for the design and property acquisition for the Mili-
tary Road Reconstruction project and will be the third and final side -road reconstruction
project administered by the City as part of the Southwest Arterial project; and
Whereas, following the Transfer of Jurisdiction after the Southwest Arterial is com-
pleted and open to traffic, Military Road will remain a local public City street; and
Whereas, the estimate of probable cost for the both the City and Dubuque County cost
share associated with the Military Road Reconstruction project is summarized as follows:
CIP No.
Fund Source Description
Amount
3001287
City - Federal SAFETEA-LU Funding (IA 192 - 80%)
332,548.75
3001287
City - Local Funding (IA 192 - 10%)
41,568.60
3001287
County - Local Funding (IA 192 - 10%)
41 568.60
Total Project Funding
$ 415,685.95
Whereas, the anticipated funding for the project summary is as follows:
CIP No.
Fund Source Description
Amount
3001287
Iowa DOT - Repurposing Funding (IA 097 - 80%)
$ 2,600,000.00
3001287
Iowa DOT - Primary Road Funding (IA 097 - 20%)
650,000.00
3001287
Iowa DOT - Primary Road Funding (100%)
1,895,000.00
3001287
City - Federal SAFETEA-LU Funding (IA 192 - 80%)
332,548.75
3001287
City - Local Funding (IA 192 - 10%)
41,568.60
County - Local Funding (IA 192 - 10%)
41 568.60
Total Project Funding
$ 5,560,685.95
11
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOL-
LOWS:
Section 1. City of Dubuque and the Iowa Department of Transportation hereby agree
to partner on the Southwest Arterial Project.
Section 2. Whereas, the Iowa DOT and City, in joint cooperation propose to construct
the Southwest Arterial - Military Road Reconstruction project, Iowa DOT Project No. HDP -
2100 (664)--71-31.
Section 5. The Mayor is hereby authorized to execute the Cooperative Preconstruction
Funding Agreement (Agreement No. 2017-16-056), between the City of Dubuque and the
Iowa Department of Transportation for the Southwest Arterial - Military Road Reconstruc-
tion project, Iowa DOT Project.
Passed, approved and adopted this 19th day of December, 2016.
Roy D. Buo1, Mayor
Attest: Kevin S. Firnstahl, City Clerk
20. Loras College Usage Agreement for Petrakis Field: City Manager recommending
approval of the Usage Agreement with Loras College for Petrakis Field. Upon motion the
documents were received, filed and approved.
21. Clarke University Usage Agreement for Veterans' Memorial Field 2: City Manager
recommending approval of the Usage Agreement with Clarke University for softball field
2 in Veterans' Memorial Park. Upon motion the documents were received, filed and ap-
proved.
22. I -Net User Agreements with Loras College and Clarke University: City Manager
recommending approval for the City Manager to execute I -Net Agreements with Loras
College and Clarke University to connect the two campuses using Dubuque's I -Net. Upon
motion the documents were received, filed and approved.
23. Weaver Castle, LLC - Third Amendment to Development Agreement for 346-348
West Locust Street: City Manager recommending approval of the Third Amendment to
the Development Agreement with Weaver Castle, LLC for the redevelopment of property
at 346-348 West Locust Street. Upon motion the documents were received and filed and
Resolution No. 424-16 Approving the Third Amendment to the Development Agreement
between the City of Dubuque, Iowa and Weaver Castle, LLC was adopted.
RESOLUTION NO. 424-16
APPROVING THE THIRD AMENDMENT TO THE DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE, IOWA AND WEAVER CASTLE, LLC
Whereas the City of Dubuque, Iowa (City) and Weaver Castle, LLC (Developer) en-
tered into a Development Agreement dated for reference purposes the 21st day of Au-
gust, 2013 for the redevelopment of the property at 346-348 West Locust Street, which
Development Agreement required Developer to complete certain Minimum Improvements
described therein; and
Whereas the First Amendment to Development Agreement, dated the 16th day of
March, 2015, extended the substantial completion date of the Minimum Improvements to
December31, 2015; and
12
Whereas the Second Amendment to Development Agreement, dated the 19th day of
October, 2016, extended the substantial completion date of the Minimum Improvements
to December31, 2016; and
Whereas City and Developer now desire to amend the Development Agreement as set
forth in the Third Amendment to Development Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council hereby approves the Third Amendment to Development
Agreement.
Section 2. The Mayor is authorized and directed to sign the Second Amendment to
Development Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 19th day of December, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
24. Acceptance of 2016 Asphalt Overlay Access Ramp Project Two: City Manager
recommending acceptance of the construction contract for the 2016 Asphalt Overlay Ac-
cess Ramp Project Two as completed by Midwest Concrete. Upon motion the documents
were received and filed and Resolution No. 425-16 Accepting the 2016 Asphalt Overlay
Access Ramps Project Two and authorizing the payment of the contract amount to the
contractor was adopted.
RESOLUTION NO. 425-16
ACCEPTING THE 2016 ASPHALT OVERLAY ACCESS RAMPS PROJECT TWO AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC-
TOR
Whereas, the Public Improvement Contract for the 2016 Asphalt Overlay Access
Ramps Project Two (the Project) has been completed and the City Engineer has exam-
ined the work and filed a certificate stating that the Project has been completed according
to the terms of the Public Improvement Contract and that the City Engineer 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 City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Curb Ramp Program appropriations for the contract amount of $93,898.90 less any re-
tained percentage provided for therein as provided in Iowa Code chapter 573, and to pay
such retainage only in accordance with the provisions of Iowa Code chapter 573.
Passed, approved and adopted this 19th day of December, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETE OF THE 2016 ASPHALT
OVERLAY ACCESS RAMPS PROJECT TWO.
The undersigned City Engineer of the City of Dubuque, Iowa hereby certifies that he
has inspected the 2016 Asphalt Overlay Access Ramps Project Two, that the Project has
been performed in compliance with the terms of the Public Improvement Contract, and
that the total cost of the completed work is $99,570.77.
Dated this 9th day of December, 2016.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 9th day of December, 2016.
/s/Kevin S. Firnstahl, City Clerk
25. Acceptance of 2016 Asphalt Overlay Access Ramp Project Three: City Manager
recommending acceptance of the construction contract for the 2016 Asphalt Overlay Ac-
cess Ramp Project Three as completed by Midwest Concrete. Upon motion the docu-
ments were received and filed and Resolution No. 426-16 Accepting the 2016 Asphalt
Overlay Access Ramps Project Three and authorizing the payment of the contract amount
to the contractor was adopted.
RESOLUTION NO. 426-16
ACCEPTING THE 2016 ASPHALT OVERLAY ACCESS RAMPS PROJECT THREE
AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CON-
TRACTOR
Whereas, the Public Improvement Contract for the 2016 Asphalt Overlay Access
Ramps Project Three (the Project) has been completed and the City Engineer has exam-
ined the work and filed a certificate stating that the Project has been completed according
to the terms of the Public Improvement Contract and that the City Engineer 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 City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Curb Ramp Program appropriations and the sidewalk program appropriations for the con-
tract amount of $60,812.24, less any retained percentage provided for therein as provided
in Iowa Code chapter 573, and to pay such retainage only in accordance with the provi-
sions of Iowa Code chapter 573.
Passed, approved and adopted this 19th day of December, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2016 ASPHALT
OVERLAY ACCESS RAMPS PROJECT THREE
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the 2016 Asphalt Overlay Access Ramps Project Three, that the Project
has been performed in compliance with the terms of the Public Improvement Contract,
and that the total cost of the completed work is $64,120.01
Dated this 9th day of December, 2016.
14
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 9th day of December, 2016.
/s/Kevin S. Firnstahl, City Clerk
26. Acceptance of Permanent Easement for Storm Sewer at 545 Villa Street: City Man-
ager recommending acceptance of a Grant of Permanent Easement for Storm Sewer
from Bradley and Ann Palzkill over a portion of their property at 545 Villa Street that will
facilitate the construction and on-going maintenance of the Storm Sewer Utility, which the
City of Dubuque will own and maintain. Upon motion the documents were received and
filed and Resolution No. 427-16 Accepting a Grant of Easement for storm sewer over and
across a part of Lot 1 of the Subdivision of Lot 25 in Lev's Addition, in the City of Dubuque,
Iowa was adopted.
RESOLUTION NO. 427-16
ACCEPTING A GRANT OF EASEMENT FOR STORM SEWER OVER AND ACROSS
A PART OF LOT 1 OF THE SUBDIVISION OF LOT 25 IN LEV'S ADDITION, IN THE
CITY OF DUBUQUE, IOWA
Whereas, Bradley P. Palzkill and Ann M. Palzkill have executed an Easement for Storm
Sewer through, over and across a Part of Lot 1 of the Subdivision of Lot 25 in Levi's
Addition, 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, accepts
and consents to the Grant of Easement for Storm Sewer through, over and across a Part
of Lot 1 of the Subdivision of Lot 25 in Levi's Addition, in the City of Dubuque, Dubuque
County, Iowa from Bradley P. Palzkill and Ann M. Palzkill, 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. The City Clerk is hereby authorized to and directed to record this resolution
and easement with the Dubuque County Recorder.
Passed, approved and adopted this 19th day of December, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
27. Acceptance of Fiscal Year 2016 Sewershed 5 Sanitary Sewer Manhole Project:
City Manager recommending acceptance of the construction contract for the FY16 Sew-
ershed 5 Sanitary Sewer Manhole Project, as completed by McDermott Excavating. Upon
motion the documents were received and filed and Resolution No. 428-16 Accepting the
FY16 Sewershed 5 Sanitary Sewer Manhole Project was adopted.
15
RESOLUTION NO. 428-16
ACCEPTING THE THE FY16 SEWERSHED 5 SANITARY SEWER MANHOLE PRO-
JECT
Whereas, the public improvement contract for the FY16 Sewershed 5 Sanitary Sewer
Manhole Project, (the Project) has been completed by the Contractor, McDermott Exca-
vating (Contractor), the City Engineer has examined the work and recommends that the
Project be accepted; and
Whereas, the final contract amount for the Project is $45,076.41; and
Whereas, the Contractor has previously been paid $42,822.59, leaving a balance of
$2,253.82; and
Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance
of the retainage of $2,253.82 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 19th day of December, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF FY 16 SEWERSHED
5 SANITARY SEWER MANHOLE PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the FY 16 Sewershed 5 Sanitary Sewer Manhole Project, and that said
Project has been performed in compliance with the terms of the Public Improvement Con-
tract, and that the total cost of the completed work is $48,231.76.
Dated this 9th day of December, 2016.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 9th day of December, 2016.
/s/Kevin S. Firnstahl, City Clerk
28. Acceptance of Dubuque Industrial Center South Building Pad 1 Sanitary Sewer
Extension Project: City Manager recommending acceptance of the construction contract
for the Dubuque Industrial Center South Building Pad 1 Sanitary Sewer Extension as
completed by McDermott Excavating. Upon motion the documents were received and
filed and Resolution No. 429-16 Accepting the Dubuque Industrial Center South Building
Pad 1 Sanitary Sewer Extension and Authorizing the payment to the contractor was
adopted.
16
RESOLUTION NO. 429-16
ACCEPTING THE DUBUQUE INDUSTRIAL CENTER SOUTH, BUILDING PAD 1 SAN-
ITARY SEWER EXTENSION AND AUTHORIZING THE PAYMENT TO THE CON-
TRACTOR
Whereas, the public improvement contract for the Dubuque Industrial Center South,
Building Pad 1 Sanitary Sewer Extension Project (the Project) has been completed by the
Contractor, McDermott Excavating (Contractor), the City Engineer has examined the work
and recommends that the Project be accepted; and
Whereas, the final contract amount for the Project is $62,268.67; and
Whereas, the Contractor has previously been paid $60,105.24, leaving a balance of
$3,163.43; and
Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance
of the retainage of $3,163.43 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 19th day of December, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE DUBUQUE IN-
DUSTRIAL CENTER SOUTH, BUILDING PAD 1 SANITARY SEWER EXTENSION
PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Dubuque Industrial Center South, Building Pad 1 Sanitary Sewer Ex-
tension 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
$67,082.10.
Dated this 9th day of December, 2016.
/s/Gus Psihoyos, City Engineer.
Filed in the office of the City Clerk on the 9th day of December, 2016.
/s/Kevin S. Firnstahl, City Clerk
29. Acceptance of State of Iowa Land Patent - 250 South Main Street: City Manager
recommending acceptance of a State of Iowa Land Patent for conveyance of the title for
the tract of land located at 250 South Main Street from the State of Iowa to the City of
Dubuque. Upon motion the documents were received and filed and Resolution No. 430-
16 Accepting a State Land Patent for the conveyance of title for the tract of land located
at 250 South Main Street (Parcel B, located in Block 14 of Dubuque Harbor Company
Addition in the City of Dubuque, Dubuque County, Iowa) from the State of Iowa to the City
of Dubuque was adopted.
17
RESOLUTION NO. 430-16
ACCEPTING A STATE LAND PATENT FOR THE CONVEYANCE OF TITLE FOR THE
TRACT OF LAND LOCATED AT 250 SOUTH MAIN STREET (PARCEL B, LOCATED
IN BLOCK 14 OF DUBUQUE HARBOR COMPANY ADDITION IN THE CITY OF DUBU-
QUE, DUBUQUE COUNTY, IOWA) FROM THE STATE OF IOWA TO THE CITY OF
DUBUQUE
Whereas, on February 1, 2010, the City of Dubuque executed an Offer to Buy and
Deferred Payment Plan agreement to purchase Parcel B, located in Block 14 of Dubuque
Harbor Company Addition in the City of Dubuque, Dubuque County, Iowa and the State
of Iowa has accepted said offer to purchase; and
Whereas, per the terms of the Offer to Buy agreement, the City has made annual pay-
ments of $47,143 and final payment was issued and received by the State of Iowa on
September 30th, 2016; and
Whereas, the State of Iowa has executed a Land Patent for the conveyance of said
property.
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, accepts,
and consents to the Land Patent from the State of Iowa, a copy of which is attached
hereto, as required by Iowa Code Section 569.7.
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.
Passed, adopted and approved this 19th day of December, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
30. Acceptance of Fiscal Year 2016 Sewershed 5, 7, 11 and 12 Manhole Project: City
Manager recommending acceptance of the public improvement construction contract for
the FY 16 Sewershed 5, 7, 11 and 12 Manhole Project, as completed by Visu-Sewer Inc.
Upon motion the documents were received and filed and Resolution No. 431-16 Author-
izing the FY 16 Sewershed 5, 7, 11 & 12 Manhole Project and authorizing the payment
to the contractor was adopted.
RESOLUTION NO. 431-16
ACCEPTING THE FY 16 SEWERSHED 5, 7, 11 & 12 MANHOLE PROJECT AND AU-
THORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the FY 16 Sewershed 5, 7, 11 & 12
Manhole Project (the Project) has been completed by the Contractor, Visu-Sewer Inc.
(Contractor), the City Engineer has examined the work and recommends that the Project
be accepted; and
Whereas, the final contract amount for the Project is $76,712.55; and
Whereas, the Contractor has previously been paid $72,876.92, leaving a balance of
$3,835.63; 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:
18
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance
of the retainage of $3,835.63 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 19th day of December, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE FY 16 SEW-
ERSHED 5, 7, 11 & 12 MANHOLE PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the FY 16 Sewershed 5, 7, 11 & 12 Manhole Project has been performed
in compliance with the terms of the Public Improvement Contract, and that the total cost
of the completed work is $80,548.18.
Dated this 13th day of December, 2016.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 13th day of December, 2016.
/s/Kevin S. Firnstahl, City Clerk
31. Acceptance of Fiscal Year 2016 CIPP Sanitary Sewer Lining Project: City Manager
recommending acceptance of the public improvement construction contract for the FY 16
(CIPP) Sanitary Sewer Lining Project, as completed by SAK Construction. Upon motion
the documents were received and filed and Resolution No. 432-16 Accepting the FY 16
Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining Project and authorizing the payment
to the contractor was adopted.
RESOLUTION NO. 432-16
ACCEPTING THE FY 16 SANITARY SEWER CURED -IN-PLACE PIPE (CIPP) LINING
PROJECT AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the FY 16 Sanitary Sewer Cured -in -
Place Pipe (CIPP) Lining Project (the Project) has been completed by the Contractor,
SAK Construction (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 $440,344.00; and
Whereas, the Contractor has previously been paid $418,326.80, leaving a balance of
$22,017.20; and
Whereas, the City Council finds that the recommendation of the City Engineer should
be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance
of the retainage of $22,017.20 as provided in Iowa Code chapter 573, and to pay such
19
retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code
chapter 26.13.
Passed, approved and adopted this 19th day of December, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE FY 16 SANI-
TARY SEWER CURED -IN-PLACE PIPE (CIPP) LINING PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the FY 16 Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining Project has
been performed in compliance with the terms of the Public Improvement Contract, and
that the total cost of the completed work is $462,361.20.
Dated this 13th day of December, 2016.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 13th day of December, 2016.
/s/Kevin S. Firnstahl, City Clerk
32. Civil Service Commission - Certified Lists: Civil Service Commission submitting the
Certified Lists for the positions of Account Clerk I, Water Meter Repair -Worker I, Urban
Forester, and the re -certified list for the position of Inspector II. Upon motion the docu-
ments were received, filed and made a Matter of Record.
December 15, 2016
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Account Clerk I was administered on December 6, 2016. We hereby certify that the
individuals listed below have passed this written examination and the vacancy for this
position should be made from this list and that this list is good for two (2) years from above
date.
Account Clerk I
1. Kate Weidemann
2. Connie Fuerst Moyer
3. Daniel Jochum
4. Angela Coleman
5. Colleen Fitzpatrick
6. Mindy Klein
7. Tanya Walske
8. Derek Collum
9. Abby Schrup
10. Ian Bonnette
11. Susan Deininger
12. John Sewell
13. Jacob Stocker
14. Teresa Behnke
15. Sherri Birkett
16. Mary Thill
17. Cindy Wilharm
22. Cheryl Pregler
23. Chandal Link
24. Kim Weinschenk
25. Susan Elliott
26. Lori Hansen
27. Larry Koos
28. Matthew Miller
29. Tonya Duffy
30. Melissa Even
31. Jillian Funk
32. Anita Osobasic Gonyier
33. Nicole Terzano-Borovic
34. Carolyn Toth
35. Kelli Berkley
36. Tracy Brenner
37. Susan Kloft
38. Darlene Miller
20
18. Robin Markus
19. Mary McWilliams
20. Janelle Wilwert
21. Trisha Petersen
39. Jennifer Welsh
40. Christina Bandfield
41. Rachel Edmonds
42. Anna Hoppmann
Respectfully submitted,
Dan White, Chairman
Civil Service Commission
December 15, 2016
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Water Meter Repair -worker I was administered on November 28, 2016. We hereby
certify that the individuals listed below have passed this written examination and the va-
cancy for this position should be made from this list and that this list is good for two (2)
years from above date.
Water Meter Repair -Worker I
1. Michael Felton
2. Kevin Munson
3. John Ungs
4. Devin Sweeney
5. Larry Koos
6. Justin Licht
7. Nicholas McLaughlin
8. Daniel Petersen
9. John Kirk
10. Jeffrey Weiland
11. Dustin Allen
12. Jacob Trierweiler
13. Dave Sowle
14. Glenn Burrows
15. Mark Duve
Respectfully submitted,
Daniel White, Chairperson
Civil Service Commission
December 15, 2016
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Urban Forester was administered via take-home exam. We hereby certify that the in-
dividuals listed below have passed this take-home examination and the vacancy for this
position should be made from this list and that this list is good for two (2) years from above
date.
21
Urban Forester
1. Thomas Kramer
2. Barbara Liska
3. Larry Koos
4. William Heiken
5. Jason Dellaert
6. Mark Heiderscheit
7. Drew Funke
8. Ryan Fogt
Respectfully submitted,
Daniel White, Chairperson
Civil Service Commission
December 15, 2016
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Inspector II was administered via take-home exam. We hereby certify that the individ-
uals listed below have passed this "take-home" examination and the vacancy for this po-
sition should be made from this list and that this list will expire on April 26, 2018.
Inspector II
1. Jeffrey Zasada
2. Daniel Meneguin
3. Ben Pothoff
4. Michael Simmons
5. Justin Licht
6. Brian Schuster
7. Lee Mau
8. Kevin Kramer
9. Robert Boge
Respectfully submitted,
Daniel White, Chairperson
Civil Service Commission
33. City Council 2015 Official Proceedings: City Clerk submitting the Official City Coun-
cil Proceedings for 2015. Upon motion the document was received, filed and approved.
34. Mediacom Communications Company: Correspondence from Lee Grassley, Sen-
ior Manager of Government Relations for Mediacom Communications Company, inform-
ing the City of rate adjustments being implemented on or about January 3, 2017. Upon
motion the documents were received and filed.
35. Alcohol Compliance Civil Penalty for Alcohol License Holder — Casey's General
Store #3473: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Casey's General Store #3473, 1072
Cedar Cross Road. Upon motion the documents were received, filed and approved.
22
36. Tobacco Compliance — Civil Penalty for Tobacco License Holder — Casey's Gen-
eral Store #3473: City Manager recommending approval of the Acknowledgement/Settle-
ment Agreement for a tobacco compliance violation for Casey's General Store #3473,
1072 Cedar Cross Road. Upon motion the documents were received, filed and approved.
37. Alcohol License Applications: City Manager recommending approval of annual
beer, liquor and wine licenses as submitted. Upon motion the documents were received
and filed and Resolution No. 433-16 Approving applications for beer, liquor, and/or wine
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License
Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and
Permits was adopted.
RESOLUTION NO. 433-16
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 approved;
and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Renewal
Hy -Vee #2, 2395 NW Arterial, Class E Liquor, Class B Wine, Class C Beer (Sunday)
Magoo's Pizza, 1875 University Ave., Special Class C Liquor (Outdoor) (Sunday)
Sam's Club, 4440 Asbury Rd., Class E Liquor, Class B Wine, Class C Beer (Sunday)
Steve's Ace Home & Garden, 3350 J.F. Kennedy Rd., Class B Native Wine (Sunday)
The Moracco, 1381 Rockdale Rd., Class C Liquor (Sunday)
Passed, approved and adopted this 19th day of December, 2016.
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 Resnick. Motion carried 6-0.
1. Voluntary Annexation - William and Janet Siegert - Old Highway Road: City Manager
recommending setting a public hearing for January 17, 2017, on the voluntary annexation
request of William and Janet Siegert for five acres of property they own located between
23
Old Highway Road and US Highway 20/Dodge Street, submitted concurrently with an
application to rezone the property. Upon motion the documents were received and filed
and Resolution No. 434-16 Setting a public hearing on an application for voluntary an-
nexation of territory to the City of Dubuque, Iowa was adopted setting a public hearing for
a meeting to commence at 6:00 p.m. on January 17, 2017 in the Historic Federal Building.
RESOLUTION NO. 434-16
RESOLUTION SETTING A PUBLIC HEARING ON AN APPLICATION FOR VOLUN-
TARY ANNEXATION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA
Whereas, the City Council of Dubuque has received a written application from the Wil-
liam and Janet Siegert, property owners, for the voluntary annexation of property located
between Old Highway Road and US Highway 20/Dodge Street and consisting Part of Lot
3 of Siegert's 2nd Place, City of Dubuque and Dubuque County, Iowa, containing 5.00
acres, which includes 0.48 acres of public road right of way, as shown on Exhibit A and
more particularly described on Exhibit B; 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 include Dubuque County right-of-way; and
Whereas, Chapter 368 of the Code of Iowa authorizes this annexation by adoption of
a resolution and required notification; and
Whereas, the annexation territory is consistent with the City's Comprehensive Plan;
and
Whereas, the future growth and development of the City of Dubuque, Iowa makes it
desirable that the annexation territory be made part of the City of Dubuque, Iowa; 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:
A public hearing will be held on the 17th day of January, 2017, at 6:00 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 pro-
posed annexation, 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 gen-
eral circulation in the City of Dubuque, Iowa, which notice shall be published not less than
ten days prior to the date of such hearing.
Passed, approved and adopted this 19th day of December, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
The City Council reviewed applications to the following Boards and Commissions. Ap-
plicants were invited to address the City Council regarding their appointment.
1. Housing Code Appeals Board: One, 3 -year term through January 11, 2020 (Expiring
term of Young). Applicant: David Young, 420 Burch St.
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2. Resilient Community Advisory Commission: Nine, 3 -year terms through July 1,
2019. Three, 3 -year terms through July 1, 2019 (Cross Representation Appointments).
Six, 3 -year terms through July 1, 2019 (At -Large Appointments). Sara Booth, 2015
Chaney Rd.; Benjamin Darr, 419 Winona St.; Dean Boles, 1715 Geraldine Dr.; Steven
Drahozal, 683 W. 11th St.; Stephanie Grutz, 6176 Centura Ct.; Nicholas Huff, 3075 Olde
Country Ct.; Robin Kennicker, 2929 Elm St.; Carrie Lohrmann, 1879 Denver Dr. ; Jared
McGovern, 755 Chestnut St.; Mike Muench, 2805 Jackson St.; Kate Parks, 486 Clarke
Dr.; Sergio Perez, 1325 Cox St.; Laura Roussel!, 3224 Bittersweet; Rich Russell, 2045
Embassy West Dr.; Paul Schultz, 1008 Victoria St.; Leah Specht, 3248 Bittersweet Ln.
Ms. Booth, Mr. Darr, Mr. Boles, Mr. Darhozal, Ms. Grutz, Mr. Huff, Ms. Kennicker, Ms.
Lohrmann, Ms. Rousell, Mr. Schultz, and Ms. Specht all spoke in support of their respec-
tive appointments and provided brief biographies.
Appointments were made to the following Boards/Commissions.
3. Catfish Creek Watershed Management Authority: Two, 4 -year terms through July
16, 2020 (Expired terms of Giannakouros and Hoyer). Applicants: Steve Drahozal, 683
W. 11th St.; Neal Patten, 768 Nevada St. Motion by Connors to appoint Mr. Drahozal and
Mr. Patten to 4 -year terms through July 16, 2020. Seconded by Jones. Motion carried 6-
0.
4. Human Rights Commission: One, 3 -year term through [corrected term date of Jan-
uary 1, 2020]. (Expiring term of Jackson). Applicant: Miguel Jackson, 2130 Woodland Dr.
Motion by Jones to appoint Mr. Jackson to a 3 -year term through [January 1, 2020]. Se-
conded by Lynch. Motion carried 6-0.
5. Mediacom Charitable Foundation: One, 1 -year term through December 31, 2017
(Expiring term of Chavenelle). Applicant: Gail Chavenelle, 1155 Kelly Ln. Motion by Con-
nors to appoint Ms. Chavenelle to a 1 -year term through December 31, 2017. Seconded
by Del Toro. Motion carried 6-0.
PUBLIC INPUT
Carol Copland, 1330 Locust St., speaking on behalf of the Dubuque Landlord Associ-
ation and the East Central Iowa Association of Realtors spoke in opposition to a source
of income ordinance and presented a citizen petition in opposition to the ban.
Tom Priebe, Sr., 14928 Old Highway Rd., and Leisure Services seasonal employee,
expressed his concerns about what he believes are unsafe working conditions at the Flora
Park maintenance building that may have caused his health issues.
Christine Darr, 419 Winona St., spoke in support of a source of income ban.
Evelyn Nadeau, 663 Fenelon PI., spoke support of a source of income ban.
Brian Enabnit, 105 So. Grandview Ave. spoke in opposition to a source of income ban.
Matthew Zanger, 261 Southgate Dr., spoke in support of a source of income ban.
Jan Schmitt, 11898 JFK Rd., addressed the source of income issue and spoke about
landlords not offering housing choice vouchers for high-end units and expressed her be-
lief that tenants can only live where they can afford to live.
Jay Wickham, Dubuque County Supervisor, spoke in opposition to Action Item #1 Cen-
tral Iowa Water Association Settlement Agreement and Asset Purchase Agreement.
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ACTION ITEMS
1. Central Iowa Water Association (CIWA) Settlement Agreement and Asset Purchase
Agreement: Assistant City Attorney Maureen Quann recommending approval of a Settle-
ment Agreement and Asset Purchase Agreement with Central Iowa Water Association
(CIWA), and the City Manager is recommending the financing strategy. Motion by Jones
to receive and file the documents and adopt Resolution No. 436-16 Approving a Settle-
ment Agreement between Central Iowa Water Association and the City of Dubuque for
water supply, service and territory, and accepting the Deeds to certain real estate in Dubu-
que County, Iowa from Central Iowa Water Association. Seconded by Connors. Ms.
Quann provided a presentation on the background information and subsequent negotia-
tions with CIWA. City Manager Van Milligen provided information on financing strategy.
Ms. Quann, Mr. Van Milligen and Planning Services Manager Laura Carstens responded
to questions from the City Council regarding the City's annexation history and process,
growing the city's population, the potential impact on the Southwest Arterial project, debt
reduction policy and water utility rates. Motion carried 6-0 with Del Toro's "present" vote
counting on the prevailing side.
RESOLUTION NO. 436-16
APPROVING A SETTLEMENT AGREEMENT BETWEEN CENTRAL IOWA WATER
ASSOCIATION AND THE CITY OF DUBUQUE FOR WATER SUPPLY, SERVICE AND
TERRITORY, AND ACCEPTING THE DEEDS TO CERTAIN REAL ESTATE IN DUBU-
QUE COUNTY, IOWA FROM CENTRAL IOWA WATER ASSOCIATION
Whereas Iowa Regional Utilities Association (doing business as Central Iowa Water
Association and hereinafter called "CIWA") is a member governed Iowa nonprofit corpo-
ration with its principal offices at 1351 Iowa Speedway Drive, Newton, Iowa 50208; and
Whereas the City of Dubuque, Iowa, hereinafter called "City" or "the City" is an Iowa
municipal corporation with its principal offices at 50 West 13th Street, Dubuque, Iowa
52001; and
Whereas disputes arose between the City and CIWA regarding each party's right to
serve certain areas within two miles of the City, which disputes have resulted in litigation
pending in the Iowa District Court for Jasper County as City of Dubuque v. Iowa Associ-
ation of Regional Utilities, Case No. CV 119397 and in the United States District Court for
the Northern District of Iowa as Central Iowa Water Association v. City of Dubuque, Case
No. 2:15-CV-01017-LRR (collectively the "Litigation"); and
Whereas in an effort to avoid further expense and the uncertainty of the Litigation, the
Parties have reached a settlement that resolves their disputes and the Litigation and the
Parties desire to memorialize the terms and conditions thereof in the attached Agreement;
and
Whereas the Agreement includes a provision for the purchase of certain real property
in Dubuque County, Iowa, legally described as follows:
Lot Eight (8) of Block Two (2) of "Barrington Lakes No. 2 at Dubuque, Iowa" in
Sections 5, 6 & 7, Township 88 North, Range 2 East of the 5th P.M., Dubuque
County, Iowa, according to the recorded plats thereof, subject to easements and
restrictions of record and
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Lot One (1) of Lot One (1) of the SE 1/4 of the NW 1/4 of Section 13, Township 88
North, Range 1 East of the 5th P.M., according to the United States Government
Survey and the recorded plats thereof, subject to easements of record; and
Whereas the terms of the Agreement have now been met.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Settlement Agreement is approved on behalf of the City of Dubuque.
The Mayor and City Clerk are authorized to execute the Settlement Agreement.
Section 2. The City Manager, City Attorney, and the City's legal counsel are hereby
authorized to take all necessary actions to execute the Settlement Agreement.
Section 3. The City of Dubuque, Iowa, hereby accepts the Deeds from Central Iowa
Water Association, a copy of which is attached hereto.
Section 4. The City Clerk is hereby authorized and directed to record this Resolution
and the Deeds with the Dubuque County Recorder.
Passed, approved and adopted this 19th day of December, 2016
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Declaration of Official Intent to Reimburse Expenses - Fiscal Year 2016 Water Pro-
jects: City Manager recommending approval of the Declaration of Official Intent Resolu-
tion for the acquisition of Central Iowa Water Association water system, construction of
English Mill Pump Station, and water main extension and improvements. Motion by Con-
nors to receive and file the documents and adopt Resolution No. 437-16 Declaring an
Official Intent under Treasury Regulation 1.150-2 to issue debt to reimburse the City for
certain original expenditures paid in connection with the Fiscal Year 2017 Water Projects.
Seconded by Jones. Motion carried 6-0.
RESOLUTION NO. 437-16
DECLARING AN OFFICIAL INTENT UNDER TREASURY REGULATION 1.150-2 TO
ISSUE DEBT TO REIMBURSE THE City FOR CERTAIN ORIGINAL EXPENDITURES
PAID IN CONNECTION WITH THE FISCAL YEAR 2017 WATER PROJECTS
Whereas, the City anticipates making cash expenditures for capital improvement pro-
jects generally described as Acquisition of a Rural Water System, Construction of English
Mill Pump Station, and Water Main Extension and Improvements along English Mill Road,
North Cascade Road and Highway 20 (hereinafter referred to as the "Projects"); and
Whereas, the City reasonably expects to issue debt to reimburse the costs of the Pro-
jects; and
Whereas, the Council believes it is consistent with the City's budgetary and financial
circumstances to issue this declaration of official intent.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Resolution be and does hereby serve as a declaration of official
intent under Treasury Regulation 1.150-2.
Section 2. That it is reasonably expected that capital expenditures will be made in re-
spect of the Projects, from time to time and in such amounts as this Council determines
to be necessary or desirable under the circumstances then and there existing, and this
Council reasonably expects to reimburse all or a portion of such expenditures with the
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proceeds of bonds, notes or other indebtedness to be issued or incurred by the City in
the future.
Section 3. That the total estimated costs of the Projects, the maximum principal amount
of the bonds, notes or other indebtedness to be issued for the foregoing Projects and the
estimated date of completion of the Projects is reasonably expected to be as follows:
Project
Funds from which
Original expenditures
are to be Advanced
Total Esti-
mated Cost
Amount of
Borrowing
Anticipated
Estimated Date of
Completion
Acquisition of Ru-
ral Water System
Water Fund
$6,400,000
4
$6,400,000
December 2017
Construction of
Water Fund
$1,050,000
* $1,050,000
June 2018
English Mill
Pump Station
Water Main Ex-
tension & Im-
provements
Water Fund
$3,346,500
$3,346,500
June 2018
Section 4. That the City reasonably expects to reimburse the above-mentioned Project
costs not later than the later of eighteen months after the capital expenditures are paid or
eighteen months after the property is placed in service.
Section 5. That this Resolution be maintained by the City Clerk and available at all
times for public inspection, subject to such revisions as may be necessary.
Passed and approved this 19th day of December, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Greater Dubuque Development Corporation - Quarterly Update: President and CEO
Rick Dickinson presented the quarterly update on the activities of the Greater Dubuque
Development Corporation. Topics included: Recognition by Mid-America Economic De-
velopment Council as the Best of the Best in business retention and expansion, workforce
solutions program, and the Deal of the Year in a 10 -state region for the recent solar array
development in collaboration with the City of Dubuque, Alliant Energy, and A.Y. McDonald
Corporation. Mr. Dickinson announced the funding campaign kickoff in March 2017 for
operating funding of GDDC programs for 2017-2022. Motion by Lynch tor receive and file
the information. Seconded by Jones. Motion carried 6-0.
4. Five Flags Civic Center Quarterly Report: SMG Regional General Manager HR Cook
presented the quarterly report on the Five Flags Civic Center. Topics included Fiscal Year
2017 operating expenses and operating revenue, notable events, new website launch
with links to partnering organizations, and capital initiatives. Motion by Connors to receive
and file the documents. Responding to questions from the City Council, Mr. Cook ex-
plained the types of events causing the increase in revenue, and City Manager Van Milli -
gen stated that Five Flags is already on the list for use as an emergency shelter. Se-
conded by Jones. Motion carried 6-0.
5. Final Plat of Timber-Hyrst Estates #5: City Manager recommending approval of the
Final Plat of Timber-Hyrst Estates #5. Motion by Jones to receive and file the documents
and adopt Resolution No. 435-16 Approving the Final Plat of Timber-Hyrst Estate #5 in
the City of Dubuque, Iowa. Seconded by Connors. Motion carried 6-0.
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RESOLUTION NO. 435-16
APPROVING THE FINAL PLAT OF TIMBER-HYRST ESTATES #5 IN THE CITY OF
DUBUQUE, IOWA
Whereas, North Cascade Road Developers, LLC, as owners, have filed with the City
Clerk the Final Plat of Timber-Hyrst Estates #5 in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears streets to be known as Cherry Ridge Court (Lot
0) and South Bend Circle (Lot P), together with certain public utility, access, storm sewer,
storm drainage, sanitary sewer and water main easements, which North Cascade Road
Developers, LLC by said final plat have dedicated to the public forever; and
Whereas, said Final Plat has been examined by the Zoning Advisory Commission and
had its approval endorsed thereon; and
Whereas, said Final Plat has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating to it, except that no streets or public
utilities have yet been constructed or installed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Cherry Ridge Court (Lot 0) and South Bend Circle
(Lot P), together with the easements for public utilities, access, storm sewer, storm drain-
age, sanitary sewer and water main, as they appear upon said final plat, be and the same
are hereby accepted.
Section 2. That the Final Plat of Timber-Hyrst Estates #5 is hereby approved and the
Mayor and City Clerk are hereby authorized and directed to endorse the approval of the
City of Dubuque, Iowa upon said Final Plat, provided the North Cascade Road Develop-
ers, LLC execute their written acceptance hereto attached agreeing:
a. To reduce Cherry Ridge Court (Lot 0) and South Bend Circle (Lot P) to grade
and construct longitudinal sub-drain, concrete curb and gutter, with asphaltic con-
crete pavement, or Portland Cement concrete pavement with integral curb, all in
accordance with the City of Dubuque standard specifications, all in a manner ac-
ceptable to the City Engineer, in conformance with construction improvement plans
approved by the City Engineer, and inspected and approved by the City Engineer.
b. To install sanitary sewer main and sewer service laterals into each individual
lot, water main and water service laterals into each individual lot, storm sewers and
catch basins, boulevard street lighting, fiber optic conduit and vaults, and erosion
control devices all in accordance with the City of Dubuque standard specifications,
all in a manner acceptable to the City Engineer, and in accordance with construction
improvement plans approved by the City Engineer, and inspected and approved by
the City Engineer.
c. To construct accessible sidewalk ramps at the intersection of South Bend Cir-
cle and Cherry Ridge Court in accordance with the City of Dubuque standard spec-
ifications, all in a manner acceptable to the City Engineer, and in accordance with
construction improvement plans approved by the City Engineer, and inspected and
approved by the City Engineer.
d. To construct the improvements outlined in (a) and (b) and (c) within two (2)
years from the date of acceptance of this resolution, at the sole expense of North
Cascade Road Developers, LLC, or future owner;
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e. To maintain the improvements outlined in (a) and (b) and (c), for a period of
two (2) years from the date of the acceptance of those improvements by the City
Council of the City of Dubuque, Iowa, at the sole expense of North Cascade Road
Developers, LLC, or future owner;
f. To provide security for the performance of the foregoing conditions specified in
this Section in such form and with such sureties as may be acceptable to the City
Manager of the City of Dubuque, Iowa.
Section 3. Sidewalk installation shall be the responsibility of each lot owner abutting
the public rights-of-way, including lots with multiple frontages, as required by City Code
Chapter 10-1-2 (Sidewalk Installation and Repair) and 16-11-16 (Sidewalks).
Section 4. That the planting of street trees shall be coordinated with the City Forester.
Trees planted within the street right-of-way must be chosen and planted by the City of
Dubuque Leisure Services Department at the developer's expense.
Section 5. That the final acceptance of all public improvements shall only occur upon
certification of the City Engineer to the City Council that all public improvements have
been completed in accordance with the approved improvement plans and City standard
specifications and accepted by City Council Resolution.
Section 6. That in the event North Cascade Road Developers, LLC fails to execute the
acceptance and furnish the guarantees provided hereof within 180 days after the date of
this Resolution, the provisions hereof shall be null and void and the acceptance of the
dedication and approval of the plat shall not be effective.
Passed, approved and adopted this 19th day of December, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ACCEPTANCE OF RESOLUTION NO. 435-16
I, the undersigned, Marty McNamer, representing North Cascade Road Developers,
LLC, having read the terms and conditions of the Resolution No. 435-16 and being famil-
iar with the conditions thereof, hereby accept this same and agree to the conditions re-
quired therein.
Dated in Dubuque, Iowa this day of , 2016.
/s/Marty McNamer
North Cascade Road Developers, LLC
6. Request for Work Session - Dubuque Area Convention and Visitors Bureau: Dubu-
que Area Convention & Visitors Bureau President & CEO Keith Rahe requesting the City
Council schedule the CVB budget work session for February 6, 2017, at 5:30 p.m. Motion
by Jones to receive and file the documents and set the work session as requested. Se-
conded by Connors. Motion carried 6-0.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:46 p.m. to discuss pending litigation
and real estate transfer negotiations pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa.
Mayor Buol stated for the record that the attorney who will consult with City Council on
the issues to be discussed in the closed session is City Attorney Crenna Brumwell. Se-
conded by Connors. Motion carried 6-0.
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Upon motion, the City Council reconvened in open session at 9:18 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 9:19 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
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