2 20 17 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 February 20, 2017
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick,
Rios; City Manager Van Milligen, City Attorney Brumwell
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 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 1/17, 1/30, 2/6, 2/9,
2/13; Community Development Advisory Commission of 1/24; Five Flags Civic Center
Advisory Commission of 2/6; Library Board of Trustees of 12/15/16; Parks and Recreation
Advisory Commission of 1/10; Proof of Publication for City Council Proceedings of 1/17;
Proof of Publication for List of Claims and Summary of Revenues Month Ending 12/31/16.
Upon motion the documents were received and filed.
2. 2016 Aquatic Facility Evaluation Report: City Manager transmitting the 2016 Aquat-
ics Facility Evaluation completed by MSA Professional Services and Water Technology,
Inc. Upon motion the documents were received and filed.
3. Certified Local Governments (CLG) Annual Report: City Manager recommending
approval of the 2016 Certified Local Government Annual Report for the City of Dubuque
as required by the State Historical Society of Iowa. Upon motion the documents were
received, filed and approved.
4. Golf Cart Lease: City Manager recommending approval of a 5 -year lease with Harris
Golf Carts for 60 Yamaha golf carts for the Bunker Hill Golf Course. Upon motion the
documents were received, filed and approved.
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5. Authorized Depository Institutions: City Manager recommending approval of a res-
olution adding DuTrac Community Credit Union as an authorized depository institution for
the City of Dubuque, which will allow DuTrac to bid on City of Dubuque checking, savings,
money market or certificate of deposit accounts. Upon motion the documents were re-
ceived and filed and Resolution No. 55-17 Naming Depositories was adopted.
RESOLUTION NO. 55-17
RESOLUTION NAMING DEPOSITORIES
Whereas, Chapter 12C.2 of the 2201 Code of Iowa states that the approval of a finan-
cial 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 deposit 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 respec-
tive financial institution as set out below.
Depository Name Location of Home Office
American Trust & Savings Bank Dubuque, Iowa
Maximum Balance
$60,000,000
Dubuque Bank & Trust Company Dubuque, Iowa
U.S. Bank
$60,000,000
Minneapolis, Minnesota $40,000,000
Dupaco Community Credit Union Dubuque, Iowa
DuTrac Community Credit Union Dubuque, Iowa
$20,000,000
$20,000,000
Premier Bank Dubuque, Iowa
East Dubuque Savings Bank Dubuque, Iowa
Fidelity Bank & Trust Dyersville, Iowa
BBVA Compass Birmingham, Alabama
Hometown Bank Fond du Lac. Wisconsin
$20,000,000
$20,000,000
$40,000,000
$ 100,000
$ 250,000
Passed, approved and adopted this 20th day of February 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Upper Bee Branch Creek Restoration Project & Pump Station Agreement: City Man-
ager recommending approval of an agreement whereby the City of Dubuque would, as
part of the Upper Bee Branch Creek Restoration Project, replace the existing gravity san-
itary sewer service lateral at 525 East 19th Street with a private sanitary sewer pump
station and associated force main discharge pipe located in the Pine Street right-of-way.
Upon motion the documents were received and filed and Resolution No. 56-17 Approving
an Agreement Between the City of Dubuque, Iowa and B & M Properties & Storage, LLC
was adopted.
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RESOLUTION NO. 56-17
APPROVING AN AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA AND B &
M PROPERTIES & STORAGE, LLC
Whereas, the City of Dubuque is party to an Agreement with B & M Properties & Stor-
age, LLC, whereby the City of Dubuque would, as part of the Upper Bee Branch Creek
Restoration Project, replace the existing gravity sanitary sewer service lateral at 525 East
19th Street with a private sanitary sewer pump station and associated force main dis-
charge pipe located in the Pine Street right of way; and
Whereas, the City of Dubuque would own and maintain said sanitary sewer pump sta-
tion and associated force main discharge pipe after the project has been completed, in-
spected and accepted by the City Council; and
Whereas, B & M Properties & Storage, LLC would pay all electricity usage costs asso-
ciated with the operation of the pump station unit in perpetuity; and
Whereas, B & M Properties & Storage, LLC, has executed the Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Agreement attached hereto is hereby approved.
Section 2. The City Manager is authorized and directed to execute the Agreement on
behalf of the City of Dubuque
Passed, approved, and adopted this 20th day of February, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. 2016 Pavement Marking Project Acceptance: City Manager recommending ac-
ceptance of the public improvement construction contract for the 2016 Pavement Marking
Project, as completed by SELCO, Inc. Upon motion the documents were received and
filed and Resolution No. 57-17 Accepting the 2016 Pavement Marking Project and au-
thorizing the payment to the contractor was adopted.
RESOLUTION NO. 57-17
ACCEPTING THE 2016 PAVEMENT MARKING PROJECT AND AUTHORIZING THE
PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the 2016 Pavement Marking Project (the
Project) has been completed by the Contractor, Midwest Concrete, 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 $114,667.13; and
Whereas, the Contractor has previously been paid $108,933.77, leaving a balance of
$5,733.36; 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.
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Section 2. The Finance Director is hereby directed to pay to the Contractor the balance
of the retainage of $5,733.36 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 201h day of February, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2016 PAVE-
MENT MARKING PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the 2016 Pavement Marking Project, and that said Project has been per-
formed in compliance with the terms of the Public Improvement Contract, and that the
total cost of the completed work is $114,667.13.
Dated this 10th day of February, 2017.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 10th day of February, 2017.
/s/Trish L. Gleason, Assistant City Clerk
8. Memorandum of Understanding - Santiago, Dominican Republic: City Manager rec-
ommending approval for the Mayor and the City Manager to execute a Memorandum of
Understanding between the Town Hall of the Municipality of Santiago and the City of
Dubuque. Upon motion the documents were received, filed and approved.
9. Urban Revitalization Applications for Calendar Year 2016: City Manager recom-
mending approval of a Resolution approving property tax abatement applications for 18
residential properties and 3 commercial properties in recognized Urban Revitalization Ar-
eas, and authorizing transmittal to the City Assessor for final review and determination of
the amount of property tax abatement. Upon motion the documents were received and
filed and Resolution No. 58-17 Approving Property Tax Abatement Applications Submit-
ted by Property Owners in Recognized Urban Revitalization Areas and Authorizing the
Transmittal of the Approved Applications to the City Tax Assessor was adopted.
RESOLUTION NO. 58-17
APPROVING PROPERTY TAX ABATEMENT APPLICATIONS SUBMITTED BY
PROPERTY OWNERS IN RECOGNIZED URBAN REVITALIZATION AREAS AND AU-
THORIZING THE TRANSMITTAL OF THE APPROVED APPLICATIONS TO THE CITY
TAX ASSESSOR
Whereas, Chapter 404 of the Code of Iowa, the Urban Revitalization Act, permits cities
to abate property taxes for improvements made to properties in designated revitalization
areas; and
Whereas, the Urban Revitalization Act requires property owners to submit a written
application for abatement by February 1 of the assessment year for which the abatement
is first claimed, and further requires the City Council to approve all applications that meet
the requirements of the adopted Urban Revitalization Plan and forward the approved ap-
plications to the City Assessor for review by March 1 of each year; and
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Whereas, pursuant to the requirements of said Urban Revitalization Act, the following
Urban Revitalization Areas were established: Upper Main, Jackson Park, Washington
Neighborhood, West 11th Street, Langworthy, Cathedral, Old Main, Kunkel & Associates,
Lange Estates; and
Whereas, the City of Dubuque, as of February 1, 2016, received residential tax abate-
ment applications from the following property owners in the aforementioned urban revi-
talization districts eligible for 10 year 100% abatement;
Upper Main Urban Revitalization Area, established August 21, 1995
140 Loras Boulevard, Jaeger & Jaeger, LLC
Jackson Park Urban Revitalization Area, established October 6, 1980
1576 Locust St, 1576 W Landlord LLC
324 W Locust St, Weaver Castle, LLC
326 W Locust St, Weaver Castle, LLC
Washington Neighborhood Urban Revitalization Area, established March 2007
1461 Jackson St, Community Housing Initiatives (CHI)
1513 Washington St, Community Housing Initiatives (CHI)
1629 Washington St, Hilary Dalton
1631 Jackson St, Robert & Erin Daughers
1656 Jackson, Paula Unsen
1812 Central Ave (Multifamily), Richard Taft 1812 LLC
1849 Jackson St, Community Housing Initiatives (CHI)
2073 Jackson St, Josh Weiland
2139 Jackson, Community Housing Initiatives (CHI)
308 E. 22nd St, Community Housing Initiatives (CHI)
West 11th Street Urban Revitalization Area, established March, 1981
920 & 922 Center Place Bruce & Renae Bettcher
Langworthy Urban Revitalization Area, established December, 2002
1148 Langworthy St, Kevin Cassill & Melissa Daykin Cassill
490 Alpine St, Patrick & Amy Greener
Lange Estates
3275 Pennsylvania Ave, Applewood IV, LLC; and
Whereas, the City of Dubuque, as of February 1, 2016, received commercial tax abate-
ment applications from the following property owners in the Washington Neighborhood
Urban Revitalization District eligible for 3 year 100% abatement;
Washington Neighborhood Urban Revitalization Area, established March 2007
1812 Central Ave (Storefronts), Richard Taft 1812 LLC
422 & 430 Garfield Ave, Robert F Klauer; and
Whereas, the City of Dubuque, as of February 1, 2016, received commercial/industrial
tax abatement application from the following property owner in the Kunkel and Associates
urban Revitalization district, eligible for a partial exemption equal to a percent of the actual
value added by the improvements over a period of 10 years as follows:
a. For the first year, eighty percent
b. For the second year, seventy-five percent
c. For the third year, seventy percent
d. For the fourth year, sixty-five percent
e. For the fifth year, sixty percent
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f. For the sixth year, fifty-five percent
g. For the seventh year, fifty percent
h. For the eighth year, forty-five percent
i. For the ninth year, forty percent
j. For the tenth year, thirty-five percent
k. For the eleventh year, thirty percent
I. For the twelfth year, twenty-five percent
m. For the thirteenth year, twenty percent
n. For the fourteenth year, twenty percent
o. For the fifteenth year, twenty percent
Kunkel & Associates Urban Revitalization Area, established January 2015
401 Data Court, Kunkel Properties, LLC; and
Whereas, the Housing and Community Development Department has reviewed the
above-described applications and inspected the properties, and has determined the ap-
plications and the improvements conform to all requirements of the City of Dubuque's
Urban Revitalization Plans.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the above-described tax abatement applications meet the require-
ments of the City of Dubuque's Urban Revitalization Plans.
Section 2. That the above-described tax abatement applications are hereby approved
by the City Council, subject to the review and approval of the City Assessor.
Section 3. That the City Clerk is hereby authorized and directed to forward the above-
described tax abatement applications to the City Assessor.
Passed, approved and adopted this 20th day of February, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Transfer of Deed - 595 Angella Street: City Manager recommending approval to
amend the contract for sale of the property at 595 Angella Street. Upon motion the docu-
ments were received and filed and Resolution No. 59-17 Approving an Amendment to the
Land Contract Between the City of Dubuque, Iowa and Craig Nesteby was adopted.
RESOLUTION NO. 59-17
APPROVING AN AMENDMENT TO THE LAND CONTRACT BETWEEN THE CITY OF
DUBUQUE, IOWA AND CRAIG NESTEBY
Whereas, the City of Dubuque (City) and Craig Nesteby (Buyer) entered into a Land
Contract, recroded on Spetember 1, 2016 as document 2016-00011433, for the purchase
of 595 Angella, legally described as Lot 21 of Quigley's Subdivision of Out Lot 709 in the
City of Dubuque, Iowa (the Property); and
Whereas, the parties desire to amend the Land Contract with respect to the closing
date and insurance requirements; and
Whereas, the City Council of the City of Dubuque finds that the City of Dubuque should
approve to the Amendment to Land Contract.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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Section 1. The City Council of the City of Dubuque hereby approves the Amendment
to Land Contract, a copy of which is attached hereto.
Section 2. The Mayor is authorized and directed to sign the Amendment to Land Con-
tract of behalf of the City of Dubuque.
Section 3. The City Clerk is hereby authorized and directed to record the Amendment
with the Dubuque County Recorder.
Passed, approved and adopted this 201h day of February, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
11. Miller Riverview Campground Operations and Fee Recommendations: City Man-
ager recommending approval of changes to the Miller Riverview Campground operations
related to both management and fees. Upon motion the documents were received, filed
and approved.
12. Iowa Department of Transportation (IDOT) Notification of Project Bid Letting: Cor-
respondence from the Iowa Department of Transportation (IDOT) informing the City that
it will bid a US 20 Interchange Ramps Project during the 2017 construction season. Upon
motion the documents were received and filed.
13. Mediacom Communications Company: Correspondence from Lee Grassley, Sen-
ior Manager of Government Relations for Mediacom Communications Company, inform-
ing the City of programming changes implemented on or about February 16, 2017. Upon
motion the document was received and filed.
14. Tobacco Compliance — Civil Penalty for Tobacco License Holder — Kwik Stop #300:
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a tobacco compliance violation for Kwik Stop #300, 1215 East 16th Street. Upon motion
the documents were received, filed and approved.
15. Alcohol Compliance Civil Penalty for Alcohol License Holder — Kwik Stop #300:
City Manager recommending approval of the Acknowledgment/Settlement Agreement for
an alcohol compliance violation for Kwik Stop #300, 1215 East 16th Street. Upon motion
the documents were received, filed and approved.
16. 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. 60-17 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. 60-17
APPROVING APPLICATIONS FOR BEER, LIQUOR, AND/OR WINE PERMITS, AS
REQUIRED BY CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
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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:
Renewals
Club Rondavoo
1850 Central Ave.
Class C Liquor (Sunday)
Dubuque Mining Co.
555 JFK Rd. Suite 600
Class C Liquor (Outdoor) (Sun-
day)
Dungeon
302 Locust St.
Class C Liquor (Sunday)
Hammerhead's Bar & Billiards
2095 Kerper Blvd.
Class C Liquor (Sunday)
Hartig Drug Company #8
1600 University Ave.
Class E Liquor, Class B Wine,
Class C Beer (Sunday)
Northside Bar
2776 Jackson St.
Class C Liquor (Outdoor) (Sun-
day)
The Clubhouse
2364 Washington St.
Class C Liquor (Sunday)
Class C Liquor
Town Clock Inn
799 Main St.
Special Events
Opening Doors
3-4-17
105 E. 15th St.
Class B Beer
America's River Corporation
6-7-17
501 Bell St.
Class C Liquor (Outdoor)
Adding a Privilege
The Clubhouse
2364 Washington St.
Adding Sunday sales
Passed, approved and adopted this 20th day of February, 2017
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Roy D. Buol, Mayor
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. SRF Green Alley Project Bid Set 4 - Year 3 Project Initiation: City Manager recom-
mending initiation of the public bidding procedure for the SRF Green Alley Bid Set 4 —
Year 3 Project, and further recommends that a public hearing be set for March 20, 2017.
8
Upon motion the documents were received and filed and Resolution No. 61-17 Prelimi-
nary approval of plans, specifications, form of contract, and estimated cost; setting date
of public hearing on plans, specifications, form of contract, and estimated cost; and or-
dering the advertisement for bids; Resolution No. 62-17 Approving the preliminary plats,
schedule of assessments and estimate of total cost for the SRF Green Alley Bid Set 4 -
Year 3 Project; Resolution No. 63-17 Resolution of Necessity for the SRF Green Alley
Bid Set 4 - Year 3 Project; and Resolution No. 64-17 Fixing the date of public hearing on
Resolution of Necessity were adopted setting a public hearing for a meeting to commence
at 6:00 p.m. on March 20, 2017 in the Historic Federal Building.
RESOLUTION NO. 61-17
SRF GREEN ALLEY BID SET 4 YEAR 3 PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the SRF
Green Alley Bid Set 4 — Year 3 Project in the estimated amount $825,969.10, 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 20th day of March, 2017, at 6:00 p.m. in the Historic
Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at
which time interested persons may appear and be heard for or against the proposed plans
and specifications, form of contract and estimated cost of said Project, and the City Clerk
be and is hereby directed to cause the attached notice of the time and place of such
hearing to be published in a newspaper having general circulation in the City of Dubuque,
Iowa, which notice shall be published not less than four days nor more than twenty days
prior to the date of such hearing. At the hearing, any interested person may appear and
file objections to the proposed plans, specifications, form of contract, or estimated cost of
the Project.
The SRF Green Alley Bid Set 4 —Year 3 Project is hereby ordered to be advertised for
bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the attached Notice to Bidders to be published
in the Master Builders of Iowa Plan Room, The Construction Update Network and posted
on the City of Dubuque website at www.cityofdubuque.org/bids. Publication will occur not
less than thirteen but not more than forty-five days before the date for filing bids before
2:00 p.m. on the 23rd day of March, 2017. 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 6:00 p.m. on the
3rd day of April, 2017, in the Historic Federal Building Council Chambers (second floor),
350 West 6th Street, Dubuque, Iowa.
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Passed, approved and adopted this 201h day of February, 2017
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 62-17
APPROVING THE PRELIMINARY PLATS, SCHEDULE OF ASSESSMENTS AND ES-
TIMATE OF TOTAL COST FOR THE SRF GREEN ALLEY BID SET 4 - YEAR 3 PRO-
JECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the attached preliminary plats, schedule of assessments, and estimate of total
cost for the SRF Green Alley Bid Set 4 — Year 3 Project are hereby approved.
Passed, approved and adopted this 20th day of February, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 63-17
RESOLUTION OF NECESSITY FOR THE SRF GREEN ALLEY BID SET 4 - YEAR 3
PROJECT
Whereas, the plat, preliminary schedule of assessments, and estimate of total cost for
the SRF Green Alley Bid Set 4 — Year 3 Project have been duly prepared and approved
by the City Council of the City of Dubuque and ordered placed on file in the office of City
Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The SRF Green Alley Bid Set 4 - Year 3 Project will provide:
Reconstruction of One (1) alley using interlocking concrete pavers
• Removal of the existing alley pavement
• Excavation of the subgrade to allow the placement of clean washed stone for a
storage medium
• Installation of a concrete border for the brick pavers
• Installation of concrete headers at the alley intersection with the intersecting
streets.
• Reconstruction of the pavement surface with interlocking concrete pavers
• Lining of the sanitary sewer main
• Inspection of sanitary sewer laterals
• Replacement of water main valves and hydrants
• Replacement of lead water services with copper water services
There is on file in the office of the City Clerk an estimated total cost of the work, and a
preliminary plat and schedule showing the amount proposed to be assessed to each lot
for the improvement.
The date, time, and place the council will hear property owners subject to the assess-
ment and interested parties for or against the improvement, its cost, the assessment, or
the boundaries of the district:
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That the City Council deems it advisable and necessary for the public welfare to make
the herein mentioned improvements.
Unless a property owner files objections with the City Clerk at the time of hearing on
the resolution of necessity, the property owner is deemed to have waived all objections
pertaining to the regularity of the proceeding and the legality of using the special assess-
ment procedure.
Said improvements shall be constructed in accordance with the plans and specifica-
tions which have been approved by the City Council and are now on file in the Office of
the City Clerk. The cost of making such improvement will be assessed against property
lying with the assessment limits.
The above resolution was introduced, approved and ordered placed on file with the
City Clerk this 201h day of February, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 64-17
FIXING DATE OF PUBLIC HEARING ON RESOLUTION OF NECESSITY
Whereas, the City Council of the City of Dubuque, Iowa, has given its preliminary ap-
proval to the plat, preliminary schedule of assessments, and estimated total cost for the
SRF Green Alley Bid Set 4 — Year 3 Project and ordered the plat, schedule of assess-
ments, and estimate of total cost placed on file in the Office of the City Clerk; and
Whereas, the proposed Resolution of Necessity for Project has been introduced and
is now on file in the Office of the City Clerk.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The City Council will meet on the 20th day of March, 2017, at 6:00 p.m. in the Historic
Federal Building Council Chambers (second floor), 350 West 6111 Street, Dubuque, Iowa.
At which time the owners of property subject to assessment for the proposed improve-
ment or any other person having an interest in the matter may appear and be heard for
or against the making of the improvement, the boundaries of the district, the cost, the
assessment against any lot, or the final adoption of a resolution of necessity.
A property owner will be deemed to have waived all objections unless at the time of
hearing the property owner has filed objections with the City Clerk.
The City Clerk be and is hereby authorized and directed to cause a notice of the time
and place of such hearing to be published in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall be published once each week for two con-
secutive weeks, the first publication of which shall be not less than ten days prior to the
day fixed for its consideration.
Passed, adopted and approved this 20th day of February, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Rustic Point Area Annexation: City Manager recommending that the City Council
schedule a public hearing for March 20, 2017 on the Rustic Point Area annexation of
approximately 56 acres owned by four property owners: Marlene L. Brimeyer (1.42 acres),
Derby Grange LLC (50.4 acres), James F. and Janet M. Kress (2.99 acres), and the City
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of Dubuque (1.35 acres). Upon motion the documents were received and filed and Res-
olution No. 65-17 Setting a public hearing on the application for voluntary annexation 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 March 20, 2017 in the Historic Federal Building.
RESOLUTION NO. 65-17
SETTING A PUBLIC HEARING ON AN APPLICATION FOR VOLUNTARY ANNEXA-
TION OF TERRITORY TO THE CITY OF DUBUQUE, IOWA
Whereas, the City Council of Dubuque has received written applications from property
owners for the voluntary annexation of 56 acres of property which includes 5.87 acres of
County right-of-way located on the northwest corner of the intersection of John F. Ken-
nedy and Derby Grange Roads with connection to the city of Dubuque by John F. Ken-
nedy Road right-of-way; and
Whereas, Marlene L. Brimeyer, as property owner has submitted a written application
for voluntary annexation of approximately 1.42 acres of territory lying outside the corpo-
rate limits of the City of Dubuque, Iowa as shown on Exhibit A and legally described as:
A part of Lot 1 of the Subdivision of Lot 1 of the Southeast 1/4 of the Southwest 1/4
of Section 9, Township 89 North, Range 2 East of the 5th Principal Meridian, in the
County of Dubuque, Iowa, more particularly described as follows:
Beginning at the Northeast corner of Lot 1 of the Subdivision of Lot 1 of the South-
east 1/4 of the Southwest 1/4 of Section 9, Township 89 North, Range 2 East of the
5th Principal Meridian, in the County of Dubuque, Iowa;
Thence South 11 Degrees 58 Minutes 32 Seconds East along the East line of
said Lot 1 a distance of 500.82 feet;
Thence Southeasterly along a circular curve concave to the East, having a radius
of 955.37 feet, a chord of 387.07 feet which bears South 23 Degrees 33 Minutes 34
Seconds East, an arc length of 389.77 feet to the Southeast corner of said Lot 1;
Thence South 89 Degrees 02 Minutes 00 Seconds West along said South line a
distance of 39.63 feet to a point on the Westerly right of way line of Kennedy Road;
Thence Northwesterly along said Westerly right of way line being a circular curve
concave to the East, having a radius of 988.37 feet, a chord of 378.50 feet which
bears North 22 Degrees 54 Minutes 51 Seconds West, an arc length of 380.85 feet;
Thence North 11 Degrees 58 Minutes 32 Seconds West along said Westerly right
of way line a distance of 506.68 feet to a point on the North line of said Lot 1;
Thence North 88 Degrees 05 Minutes 36 Seconds East along said North line a
distance of 33.52 feet to the point of beginning, containing 29,337 square feet, more
or less, and is subject to easements, reservations, restrictions and rights of way of
record and not of record; and
A part of Lot 1 of Lot 1 of Mineral Lot 549 in Section 16, Township 89 North, Range
2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa, more particularly
described as follows:
Beginning at the Northeasterly corner of Lot 1 of Lot 1 of Mineral Lot 459 in Sec-
tion 16, Township 89 North, Range 2 East of the 5th Principal Meridian, in the County
of Dubuque, Iowa;
Thence Southeasterly along the Easterly line of said Lot 1 of Lot 1, being a circu-
lar curve concave to the East, having a radius of 955.37 feet, a chord of 145.47 feet
12
which bears South 39 Degrees 36 Minutes 48 Seconds East, an arc length of 145.61
feet;
Thence South 36 Degrees 58 Minutes 03 Seconds West along said Easterly line
a distance of 33.40 feet to a point on the Westerly right of way line of Kennedy Road;
Thence Northwesterly along said Westerly right of way line, being a circular curve
concave to the East, having a radius of 988.37 feet, a chord of 177.98 feet which
bears North 39 Degrees 07 Minutes 07 Seconds West, an arc length of 178.22 feet
to a point on the North line of said Lot 1 of Lot 1;
Thence North 89 Degrees 02 Minutes 00 Seconds East along said North line a
distance of 39.63 feet to the point of beginning, containing 5,344 square feet, more
or less, and is subject to easements, reservations, restrictions and rights of way of
record and not of record; and
A part of Lot 2 the Subdivision of Lot 1 of the Southeast 1/4 of the Southwest 1/4 of
Section 9, Township 89 North, Range 2 East of the 5th Principal Meridian, in the
County of Dubuque, Iowa, more particularly described as follows:
Commencing as a point of reference at the Northwest corner of Lot 2 of the Sub-
division of Lot 1 of the Southeast 1/4 of the Southwest 1/4 of Section 9, Township 89
North, Range 2 East of the 5th Principal Meridian, in the County of Dubuque, Iowa;
Thence North 88 Degrees 39 Minutes 26 Seconds East along the North line of
said Lot 2 a distance of 731.49 feet to the point of beginning;
Thence continuing North 88 Degrees 39 Minutes 26 Seconds East along the
North line of said Lot 2 a distance of 137.55 feet to the Northeast corner of said Lot
2;
Thence Southeasterly along the East line of said Lot 2, being a circular curve
concave to the East, having a radius of 955.37 feet, a chord of 191.31 feet which
bears South 06 Degrees 13 Minutes 07 Seconds East, an arc length of 191.63 feet;
Thence South 11 Degrees 58 Minutes 32 Seconds East along said East line a
distance of 258.07 feet to the Southeast corner of said Lot 2;
Thence South 88 Degrees 05 Minutes 36 Seconds West along the South line of
said Lot 2 a distance of 33.52 feet to a point on the West right of way line of Kennedy
Road;
Thence North 11 Degrees 58 Minutes 32 Seconds West along said west right of
way line a distance of 279.21 feet;
Thence Northwesterly along said West right of way line, being a circular curve
concave to the East having a radius of 988.37 feet, a chord of 34.46 feet which
bears North 10 Degrees 57 Minutes 57 Seconds West, an arc length of 34.46 feet;
Thence North 47 Degrees 24 Minutes 27 Seconds West along said West right of
way line a distance of 159.58 feet to a point on the South right of way line of Derby
Grange Road;
Thence North 02 Degrees 06 Minutes 27 Seconds West a distance of 52.00 feet
to the point of beginning, containing 27,435 square feet, more or less, and is subject
to easements, reservations, restrictions and rights of way of record and not of rec-
ord; and
Whereas, Derby Grange LLC, as property owner has submitted a written application
for voluntary annexation of approximately 50.4 acres of territory lying outside the corpo-
rate limits of the City of Dubuque, Iowa as shown on Exhibit A and legally described as:
13
Lot 1 of Tscharner Place No. 4, Dubuque County, Iowa; and
Whereas, James F. & Janet M. Kress, as property owner has submitted a written ap-
plication for voluntary annexation of approximately 2.99 acres of territory lying outside the
corporate limits of the City of Dubuque, Iowa as shown on Exhibit A and legally described
as:
The East 153.00 feet of the South 850.00 feet of Lot 2 of Tscharner Place No. 4,
Dubuque County, Iowa; and
Whereas, the City of Dubuque, as property owner has submitted a written application
for voluntary annexation of approximately 1.35 acres of territory lying outside the corpo-
rate limits of the City of Dubuque, Iowa as shown on Exhibit A and legally described as:
Lots A, B, C, and D of Goldthorp Place, in the County of Dubuque, Iowa; and
Lot 2A of Lot 1-1-1-1-1-1-3 of Helen E. and Mary H. Stewart Subdivision, Section 16,
Township 89 North, Range 2 East of the Fifth Principal Meridian, in the County of Dubu-
que, Iowa; and
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 Fifth Principal Meridian, in the County of
Dubuque, 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 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 20th day of March, 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 proposed
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 general circu-
lation in the City of Dubuque, Iowa, which notice shall be published not less than fourteen
days prior to the date of such hearing.
Passed, approved and adopted this 20th day of February, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. South Pointe Housing Urban Renewal Area - Resolution of Necessity: City Manager
recommending approval of a Resolution of Necessity that finds that an Urban Renewal
Plan for the South Pointe Housing Urban Renewal Area is both necessary and appropri-
14
ate and sets a public hearing for March 20, 2017. Upon motion the documents were re-
ceived and filed and Resolution No. 66-17 Resolution of Necessity Finding That Certain
Property in and Near the South Pointe Subdivision is an Economic Development Area
and that the Development 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
6:00 p.m. on March 20, 2017 in the Historic Federal Building.
RESOLUTION NO. 66-17
RESOLUTION OF NECESSITY FINDING THAT CERTAIN PROPERTY IN AND NEAR
THE SOUTH POINTE SUBDIVISION IS AN ECONOMIC DEVELOPMENT AREA AND
THAT THE DEVELOPMENT 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
Whereas, the City Council of the City of Dubuque has determined that the creation of
the South Pointe Housing Urban Renewal Area will stimulate, through public involvement
and commitment, private investment in new housing and residential development as de-
fined by Iowa Code 403.17(12), as described in the Urban Renewal Plan; and
Whereas, the City Council has determined that the area described in Attachment A to
this Resolution meets the definition of an economic development area as defined in Chap-
ter 403 "Urban 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 residents of
the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the proposed South Pointe Housing Urban Renewal Area, generally
described in Attachment A to this Resolution, is an economic development area as de-
fined by Chapter 403 of the Iowa Code, appropriate for public improvements related to
housing and residential development, and is appropriate for an urban renewal project.
Section 2. That the development of the South Pointe Housing Urban Renewal Area is
necessary and appropriate to facilitate the proper growth and development of the com-
munity 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 South Pointe 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 South Pointe Housing Urban Renewal Area
to be held on the 20th day of March, 2017, at 6:00 p.m. in the Historic Federal Building in
15
Dubuque, Iowa, 350 W. 6111 Street, Dubuque, Iowa and that said notice shall generally
identify the area covered by the Plan and the general scope of the Urban Renewal 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 and the
County Board of Supervisors, as the affected taxing entities.
Passed, approved and adopted this 201h day of February, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Five Flags Theater Masonry Rehabilitation Project Initiation: City Manager recom-
mending preliminary approval of the construction plans and specifications and initiate the
bidding procedure for the Five Flags Theater Masonry Rehabilitation Project and further
recommends that a public hearing be set for March 6, 2017. Upon motion the documents
were received and filed and Resolution No. 67-17 Five Flags Theater Masonry Rehabili-
tation Improvement Project; Preliminary Approval of Plans, Specifications, Form of Con-
tract, and Estimated Cost; Setting Date of Public Hearing on Plans, Specifications, Form
of Contract, and Estimated Cost; and Ordering the Advertisement for Bids was adopted
setting a public hearing for a meeting to commence at 6:00 p.m. on March 6, 2017 in the
Historic Federal Building.
RESOLUTION NO. 67-17
FIVE FLAGS THEATER MASONRY REHABILITATION IMPROVEMENT 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 Five
Flags Theater Masonry Rehabilitation Project in the estimated amount $239,000, 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 6th day of March, 2017, at 6:00 p.m. in the Historic
Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at
which time interested persons may appear and be heard for or against the proposed plans
and specifications, form of contract and estimated cost of said Project, and the City Clerk
be and is hereby directed to cause the attached notice of the time and place of such
hearing to be published in a newspaper having general circulation in the City of Dubuque,
Iowa, which notice shall be published not less than four days nor more than twenty days
prior to the date of such hearing. At the hearing, any interested person may appear and
file objections to the proposed plans, specifications, form of contract, or estimated cost of
the Project.
Five Flags Theater Masonry Rehabilitation Improvement Project is hereby ordered to
be advertised for bids for construction.
16
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 published
in the Master Builders of Iowa Plan Room, The Construction Update Network and posted
on the City of Dubuque website at www.cityofdubuque.org/bids. Publication will occur not
less than thirteen but not more than forty-five days before the date for filing bids before
2:00 p.m. on the 23rd day of March, 2017. 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 6:00 p.m. on the
3rd day of April, 2017, in the Historic Federal Building Council Chambers (second floor),
350 West 6111 Street, Dubuque, Iowa.
Passed, approved and adopted this 20th day of February, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Ham House Masonry Rehabilitation Project Initiation: City Manager recommending
preliminary approval of the construction plans and specifications and initiate the bidding
procedure for the Ham House Masonry Rehabilitation Project and further recommends
that a public hearing be set for March 6, 2017. Upon motion the documents were received
and filed and Resolution No. 68-17 Ham House Masonry Rehabilitation Improvement
Project; Preliminary Approval of Plans, Specifications, Form of Contract, and Estimated
Cost; Setting Date of Public Hearing on Plans, Specifications, Form of Contract, and Es-
timated Cost; and Ordering the Advertisement for Bids was adopted setting a public hear-
ing for a meeting to commence at 6:00 p.m. on March 6, 2017 in the Historic Federal
Building.
RESOLUTION NO. 68-17
HAM HOUSE MASONRY REHABILITATION IMPROVEMENT 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 Ham
House Masonry Rehabilitation Project in the estimated amount $190,000, are hereby pre-
liminarily approved and ordered filed in the office of the City Clerk for public inspection.
A public hearing will be held on the 6th day of March, 2017, at 6:00 p.m. in the Historic
Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at
which time interested persons may appear and be heard for or against the proposed plans
and specifications, form of contract and estimated cost of said Project, and the City Clerk
be and is hereby directed to cause the attached notice of the time and place of such
hearing to be published in a newspaper having general circulation in the City of Dubuque,
Iowa, which notice shall be published not less than four days nor more than twenty days
prior to the date of such hearing. At the hearing, any interested person may appear and
17
file objections to the proposed plans, specifications, form of contract, or estimated cost of
the Project.
Ham House Masonry Rehabilitation Improvement Project is hereby ordered to be ad-
vertised 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 published
in the Master Builders of Iowa Plan Room, The Construction Update Network and posted
on the City of Dubuque website at www.cityofdubuque.org/bids. Publication will occur not
less than thirteen but not more than forty-five days before the date for filing bids before
2:00 p.m. on the 23rd day of March, 2017. 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 6:00 p.m. on the
3rd day of April, 2017, in the Historic Federal Building Council Chambers (second floor),
350 West 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 20th day of February, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Derby Grange Road Housing Urban Renewal Plan - Resolution of Necessity: City
Manager recommending approval of a Resolution of Necessity that finds that an Urban
Renewal Plan for the Derby Grange Road Housing Urban Renewal Area is both neces-
sary and appropriate and sets a public hearing on the proposed plan for March 20, 2017.
Upon motion the documents were received and filed and Resolution No. 69-17 Resolution
of Necessity Finding That Certain Property in and Near Rustic Point Estates and Timber
Ridge Estates is an Economic Development Area and that The Development 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 6:00 p.m. on March 20, 2017 in the Historic
Federal Building.
RESOLUTION NO. 69-17
RESOLUTION OF NECESSITY FINDING THAT CERTAIN PROPERTY IN AND NEAR
RUSTIC POINT ESTATES AND TIMBER RIDGE ESTATES IS AN ECONOMIC DEVEL-
OPMENT AREA AND THAT THE DEVELOPMENT OF SAID AREA IS NECESSARY IN
THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA, AND SET-
TING A DATE FOR HEARING ON A PROPOSED URBAN RENEWAL PLAN FOR SAID
DISTRICT
Whereas, the City Council of the City of Dubuque has determined that the creation of
the Derby Grange Road Housing Urban Renewal Area will stimulate, through public in-
volvement and commitment, private investment in new housing and residential develop-
ment as defined by Iowa Code 403.17(12), as described in the Urban Renewal Plan; and
Whereas, the City Council has determined that the area described in Attachment A to
this Resolution meets the definition of an economic development area as defined in Chap-
ter 403 "Urban Renewal" of the Iowa Code; and
18
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 residents of
the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the proposed Derby Grange Road Housing Urban Renewal Area, gen-
erally described in Attachment A to this Resolution, is an economic development area as
defined by Chapter 403 of the Iowa Code, appropriate for public improvements related to
housing and residential development, and is appropriate for an urban renewal project.
Section 2. That the development of the Derby Grange Road 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 Derby Grange Road 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 Derby Grange Road Housing Urban Renewal
Area to be held on the 20th day of March, 2017, at 6:00 p.m. in the Historic Federal Build-
ing in Dubuque, Iowa, 350 W. 6m Street, Dubuque, Iowa and that said notice shall gener-
ally identify the area covered by the Plan and the general scope of the Urban Renewal
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 and the
County Board of Supervisors, as the affected taxing entities.
Passed, approved and adopted this 20th day of February, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointment was made to the following Board/Commission.
1. Housing Commission: One, 3 -year term through August 17, 2018 (Vacant At -Large
term of Craddieth). Applicants: Shane Hoeper, 2520 North Grandview Ave.; Brett Shaw,
995 Richards Rd. (Additional Applicant). Upon roll call vote (Shaw = Connors, Lynch,
Buol, Jones; Hoeper = Resnick, Rios, Del Toro), Brett Shaw was appointed to a 3 -year
term through August 17, 2018.
19
PUBLIC HEARINGS
1. Series 2017A General Obligation Bonds: Proof of publication on notice of public
hearing to consider approval of the suggested proceedings to take additional action for
the issuance of General Obligation Bonds, Series 2017A, proceedings to direct adver-
tisement for sale, and approval of electronic bidding procedures and the City Manager
recommending approval. Motion by Lynch to receive and file the documents and adopt
Resolution No. 70-17 Instituting proceedings to take additional action for the issuance of
not to exceed $8,950,000 General Obligation Bonds; and Resolution No. 71-17 Directing
the advertisement for sale of $8,830,000 (dollar amount subject to change) General Ob-
ligation Bonds, Series 2017A, and approving electronic bidding procedures. Seconded by
Connors. Motion carried 7-0.
RESOLUTION NO. 70-17
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSUANCE
OF NOT TO EXCEED $8,950,000 GENERAL OBLIGATION BONDS
Whereas, pursuant to notice published as required by law, the City Council has held a
public meeting and hearing upon the proposal to institute proceedings for the issuance of
not to exceed $8,950,000 General Obligation Bonds, for the essential corporate pur-
poses, in order to provide funds to pay the costs of:
a) the settlement, adjustment, renewing, or extension of any part or all of the legal
indebtedness of a city, whether evidenced by bonds, warrants, or judgments, or the
funding or refunding of the same, whether or not such indebtedness was created for a
purpose for which general obligation bonds might have been issued in the original in-
stance, including General Obligation Bonds, Taxable Series 2009A (BAB), General
Obligation Refunding Bonds, Series 2009C and General Obligation Bonds, Series
2010A; and
b) the equipping of the fire department, and has considered the extent of objections
received from residents or property owners as to the proposed issuance of Bonds; and
following action is now considered to be in the best interests of the City and residents
thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
That this Council does hereby institute proceedings and take additional action for the
authorization and issuance in the manner required by law of not to exceed $8,950,000
General Obligation Bonds, for the foregoing essential corporate purposes.
This Resolution shall serve as a declaration of official intent under Treasury Regulation
1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably
expected that the general fund moneys may be advanced from time to time for capital
expenditures which are to be paid from the proceeds of the above Bonds. The amounts
so advanced shall be reimbursed from the proceeds of the Bonds not later than eighteen
months after the initial payment of the capital expenditures or eighteen months after the
property is placed in service. Such advancements shall not exceed the amount authorized
in this Resolution unless the same are for preliminary expenditures or unless another
declaration of intention is adopted.
20
Passed, approved and adopted this 20th day of February, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 71-17
RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $8,830,000 (DOL-
LAR AMOUNT SUBJECT TO CHANGE) GENERAL OBLIGATION BONDS, SERIES
2017A, AND APPROVING ELECTRONIC BIDDING PROCEDURES
Whereas, the Issuer is in need of funds to pay costs of:
a) the settlement, adjustment, renewing, or extension of any part or all of the legal
indebtedness of a city, whether evidenced by bonds, warrants, or judgments, or the
funding or refunding of the same, whether or not such indebtedness was created for a
purpose for which general obligation bonds might have been issued in the original in-
stance, including General Obligation Bonds, Taxable Series 2009A (BAB), General
Obligation Refunding Bonds, Series 2009C and General Obligation Bonds, Series
2010A; and
b) the equipping of the fire department, essential corporate purposes, and it is
deemed necessary and advisable that General Obligation Bonds, to the amount of not
to exceed $8,950,000 be authorized for said purposes; and
Whereas, pursuant to notice published as required by Section 384.25 of the Code of
Iowa, this Council has held a public meeting and hearing upon the proposal to institute
proceedings for the issuance of the Bonds, and the Council is therefore now authorized
to proceed with the issuance of said Bonds for such purposes; and
Whereas, the Council has received information from its Municipal Advisor evaluating
and recommending the procedure hereinafter described for electronic, facsimile and In-
ternet bidding to maintain the integrity and security of the competitive bidding process
and to facilitate the delivery of bids by interested parties; and
Whereas, the Council deems it in the best interests of the City and the residents thereof
to receive bids to purchase such Bonds by means of both sealed and electronic Internet
communication.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
That the receipt of electronic bids by facsimile machine and through the Parity Com-
petitive Bidding System described in the Notice of Sale are hereby found and determined
to provide reasonable security and to maintain the integrity of the competitive bidding
process, and to facilitate the delivery of bids by interested parties in connection with the
offering at public sale.
That General Obligation Bonds, Series 2017A, of the City of Dubuque, State of Iowa,
in the amount of $8,830,000 (dollar amount subject to change), to be issued as referred
to in the preamble of this Resolution, to be dated April 17, 2017, be offered for sale pur-
suant to the published advertisement.
That the Clerk is hereby directed to publish notice of sale of the Bonds at least once,
the last one of which shall be not less than four clear days nor more than twenty days
before the date of the sale. Publication shall be made in the "Telegraph Herald", a legal
newspaper, printed wholly in the English language, published within the county in which
the Bonds are to be offered for sale or an adjacent county. The notice is given pursuant
21
to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 201h day of
March, 2017, at 6:00 p.m., will hold a meeting to receive and act upon bids for said Bonds,
which bids were previously received and opened by City Officials at 11:00 a.m. on said
date.
Passed, approved and adopted this 20th day of February, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Series 2017B General Obligation Urban Renewal Refunding Bonds: Proof of publi-
cation on notice of public hearing to consider approval of the suggested proceedings take
additional action of the issuance of General Obligation Urban Renewal Refunding Bonds,
Series 2017B, proceedings to direct advertisement for sale, and approval of electronic
bidding procedures, and the City Manager recommending approval. Motion by Connors
to receive and file the documents and adopt Resolution No. 72-17 Instituting proceedings
to take additional action for the issuance of not to exceed $10,250,000 General Obligation
Urban Renewal Refunding Bonds; and Resolution No. 73-17 Directing the advertisement
for sale of $8,830,000 (Dollar amount subject to change) General Obligation Bonds, Se-
ries 2017A, and approving electronic Bidding procedures. Seconded by Jones. Motion
carried 7-0.
RESOLUTION NO. 72-17
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR
THE ISSUANCE OF NOT TO EXCEED $10,250,000 GENERAL OBLIGATION URBAN
RENEWAL REFUNDING BONDS
Whereas, pursuant to notice published as required by law, the City Council has held a
public meeting and hearing upon the proposal to institute proceedings for the issuance of
not to exceed $10,250,000 General Obligation Urban Renewal Refunding Bonds, for the
essential corporate purpose, in order to provide funds to pay the costs of the settlement,
adjustment, renewing, or extension of any part or all of the legal indebtedness of a city,
whether evidenced by bonds, warrants, or judgments, or the funding or refunding of the
same, whether or not such indebtedness was created for a purpose for which general
obligation bonds might have been issued in the original instance, including General Obli-
gation Urban Renewal Bonds, Taxable Series 2009B (BAB) and General Obligation Ur-
ban Renewal Bonds, Series 2010C, and has considered the extent of objections received
from residents or property owners as to the proposed issuance of Bonds; and no petition
was filed calling for a referendum thereon. The following action is now considered to be
in the best interests of the City and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
That this Council does hereby institute proceedings and take additional action for the
authorization and issuance in the manner required by law of not to exceed $10,250,000
General Obligation Urban Renewal Refunding Bonds, for the foregoing essential corpo-
rate purpose.
Passed, approved and adopted this 20th day of February, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
22
RESOLUTION NO. 73-17
DIRECTING THE ADVERTISEMENT FOR SALE OF $10,120,000 (DOLLAR AMOUNT
SUBJECT TO CHANGE) GENERAL OBLIGATION URBAN RENEWAL REFUNDING
BONDS, SERIES 2017B, AND APPROVING ELECTRONIC BIDDING PROCEDURES
Whereas, the Issuer is in need of funds to pay costs of the settlement, adjustment,
renewing, or extension of any part or all of the legal indebtedness of a city, whether evi-
denced by bonds, warrants, or judgments, or the funding or refunding of the same,
whether or not such indebtedness was created for a purpose for which general obligation
bonds might have been issued in the original instance, including General Obligation Ur-
ban Renewal Bonds, Taxable Series 2009B (BAB) and General Obligation Urban Re-
newal Bonds, Series 2010C, an essential corporate purpose project, and it is deemed
necessary and advisable that the City issue General Obligation Urban Renewal Refund-
ing Bonds, for such purpose to the amount of not to exceed $10,250,000 as authorized
by Sections 384.25 and 403.12 of the Code of Iowa; and
Whereas, pursuant to notice published as required by Sections 384.25 and 403.12 this
Council has held a public meeting and hearing upon the proposal to institute proceedings
for the issuance of said Bonds, and all objections, if any, to such Council action made by
any resident or property owner of the City were received and considered by the Council;
and no petition having been filed, it is the decision of the Council that additional action be
taken for the issuance of said Bonds for such purpose, and that such action is considered
to be in the best interests of the City and the residents thereof; and
Whereas, the Council has received information from its Municipal Advisor evaluating
and recommending the procedure hereinafter described for electronic, facsimile and In-
ternet bidding to maintain the integrity and security of the competitive bidding process
and to facilitate the delivery of bids by interested parties; and
Whereas, the Council deems it in the best interests of the City and the residents thereof
to receive bids to purchase such Bonds by means of both sealed and electronic Internet
communication.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
That the receipt of electronic bids by facsimile machine and through the Parity Com-
petitive Bidding System described in the Notice of Sale are hereby found and determined
to provide reasonable security and to maintain the integrity of the competitive bidding
process, and to facilitate the delivery of bids by interested parties in connection with the
offering at public sale.
That General Obligation Urban Renewal Refunding Bonds, Series 2017B, of the City
of Dubuque, State of Iowa, in the amount of $10,120,000 (dollar amount subject to
change), to be issued as referred to in the preamble of this Resolution, to be dated April
17, 2017, be offered for sale pursuant to the published advertisement.
That the Clerk is hereby directed to publish notice of sale of the Bonds at least once,
the last one of which shall be not less than four clear days nor more than twenty days
before the date of the sale. Publication shall be made in the "Telegraph Herald", a legal
newspaper, printed wholly in the English language, published within the county in which
the Bonds are to be offered for sale or an adjacent county. The notice is given pursuant
to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 20th day of
23
March, 2017, at 6:00 p.m., will hold a meeting to receive and act upon bids for said Bonds,
which bids were previously received and opened by City Officials at 11:00 a.m. on said
date.
Passed, approved and adopted this 201h day of February, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Series 2017C Taxable General Obligation Urban Renewal Refunding Bonds: Proof
of publication on notice of public hearing to consider approval of the suggested proceed-
ings to take additional action for the issuance of Taxable General Obligation Urban Re-
newal Refunding Bonds, Series 2017C, proceedings to direct advertisement for sale, and
approval of electronic bidding procedures, and the City Manager recommending approval.
Motion by Lynch to receive and file the documents and adopt Resolution No. 74-17 Insti-
tuting proceedings to take additional action for the issuance of not to exceed $2,200,000
Taxable General Obligation Urban Renewal Refunding Bonds; and Resolution No. 75-17
Directing the advertisement for sale of $2,155,00 (dollar amount subject to change) Tax-
able General Obligation Urban Renewal Refunding Bonds, Series 2017C, and approving
electronic bidding procedures. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 74-17
RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR
THE ISSUANCE OF NOT TO EXCEED $2,200,000 TAXABLE GENERAL OBLIGATION
URBAN RENEWAL REFUNDING BONDS
Whereas, pursuant to notice published as required by law, the City Council has held a
public meeting and hearing upon the proposal to institute proceedings for the issuance of
not to exceed $2,200,000 Taxable General Obligation Urban Renewal Refunding Bonds,
for the essential corporate purpose, in order to provide funds to pay the costs of the set-
tlement, adjustment, renewing, or extension of any part or all of the legal indebtedness of
a city, whether evidenced by bonds, warrants, or judgments, or the funding or refunding
of the same, whether or not such indebtedness was created for a purpose for which gen-
eral obligation bonds might have been issued in the original instance, including Taxable
General Obligation Urban Renewal Bonds, Series 2010B, and has considered the extent
of objections received from residents or property owners as to the proposed issuance of
Bonds; and no petition was filed calling for a referendum thereon. The following action is
now considered to be in the best interests of the City and residents thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
That this Council does hereby institute proceedings and take additional action for the
authorization and issuance in the manner required by law of not to exceed $2,200,000
Taxable General Obligation Urban Renewal Refunding Bonds, for the foregoing essential
corporate purpose.
Passed, approved and adopted this 20th day of February, 2017.
Attest: Kevin S. Firnstahl, City Clerk
24
Roy D. Buol, Mayor
RESOLUTION NO. 75-17
RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $2,155,000 (DOL-
LAR AMOUNT SUBJECT TO CHANGE) TAXABLE GENERAL OBLIGATION URBAN
RENEWAL REFUNDING BONDS, SERIES 2017C, AND APPROVING ELECTRONIC
BIDDING PROCEDURES
Whereas, the Issuer is in need of funds to pay costs of the settlement, adjustment,
renewing, or extension of any part or all of the legal indebtedness of a city, whether evi-
denced by bonds, warrants, or judgments, or the funding or refunding of the same,
whether or not such indebtedness was created for a purpose for which general obligation
bonds might have been issued in the original instance, including Taxable General Obli-
gation Urban Renewal Bonds, Series 2010B, an essential corporate purpose project, and
it is deemed necessary and advisable that the City issue Taxable General Obligation Ur-
ban Renewal Refunding Bonds, for such purpose to the amount of not to exceed
$2,200,000 as authorized by Sections 384.25 and 403.12 of the Code of Iowa; and
Whereas, pursuant to notice published as required by Sections 384.25 and 403.12 this
Council has held a public meeting and hearing upon the proposal to institute proceedings
for the issuance of said Bonds, and all objections, if any, to such Council action made by
any resident or property owner of the City were received and considered by the Council;
and no petition having been filed, it is the decision of the Council that additional action be
taken for the issuance of said Bonds for such purpose, and that such action is considered
to be in the best interests of the City and the residents thereof; and
Whereas, the Council has received information from its Municipal Advisor evaluating
and recommending the procedure hereinafter described for electronic, facsimile and In-
ternet bidding to maintain the integrity and security of the competitive bidding process
and to facilitate the delivery of bids by interested parties; and
Whereas, the Council deems it in the best interests of the City and the residents thereof
to receive bids to purchase such Bonds by means of both sealed and electronic Internet
communication.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, STATE OF IOWA:
That the receipt of electronic bids by facsimile machine and through the Parity Com-
petitive Bidding System described in the Notice of Sale are hereby found and determined
to provide reasonable security and to maintain the integrity of the competitive bidding
process, and to facilitate the delivery of bids by interested parties in connection with the
offering at public sale.
That Taxable General Obligation Urban Renewal Refunding Bonds,
Series 2017C, the City of Dubuque, State of Iowa, in the amount of $2,155,000 (dollar
amount subject to change), to be issued as referred to in the preamble of this Resolution,
to be dated April 17, 2017, be offered for sale pursuant to the published advertisement.
That the Clerk is hereby directed to publish notice of sale of the Bonds at least once,
the last one of which shall be not less than four clear days nor more than twenty days
before the date of the sale. Publication shall be made in the "Telegraph Herald", a legal
newspaper, printed wholly in the English language, published within the county in which
the Bonds are to be offered for sale or an adjacent county. The notice is given pursuant
to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 20th day of
25
March, 2017, at 6:00 P.M., will hold a meeting to receive and act upon bids for said Bonds,
which bids were previously received and opened by City Officials at 11:00 A.M. on said
date.
Passed, approved and adopted this 20th day of February, 2017.
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Roy D. Buol, Mayor
Paul Uzel, 61 N. Algona Street addressed the City Council about a welcoming com-
munity proclamation, forthcoming petition and other efforts being done to welcome new-
comers to the community.
R.R.S Stewart, 460 Summit St., on behalf of Dubuque for Refugee Children and the
NAACP, requested the City Council pass a resolution stating that the Council will not
spend city money to enforce federal immigration policy except in specific situations. Ms.
Stewart provided information that the Human Rights Commission and Human Rights De-
partment previously considered and provided regarding source of income issues and
providing affordable housing urging the Council to add a time frame for reviewing volun-
tary measures (being considered under Action Item #1).
Mason Kobliska, 1959 Lincoln Ave., addressed the City Council about alternatives to
reducing plastic bag usage through tax abatement with businesses, appealing to the con-
sumer and rewarding good behavior.
Brad Brissey, 1326 Tomahawk Drive, and a member of the Board of Realtors, ad-
dressed the City Council in opposition to mandated participation in state and federal hous-
ing programs citing plenty of available housing and supporting property owners right to
choose participation.
Kerry O'Connor, 1975 N. Grandview Ave., spoke in support of a source of income ban
and favored a review of voluntary measures if adopted by Council.
Matt Zanger, 261 Southgate Dr., urged the City Council not to agree with the Source
of Income Committee's recommendations stating that he believes they will result in con-
tinued discriminatory actions instead of a change of culture.
Diane McClain, 255 Bradley St., as member of the Dubuque Area Landlords Associa-
tion and Board Member, informed the Council that landlords will work hard to embrace
the Source of Income recommendations if approved.
Council Member Connors stated that she favored the idea of setting a time limit for
review of the source of income recommendations.
ACTION ITEMS
1. Source of Income Committee Final Report: City Manager recommending the City
Council concur with the Source of Income Committee's Final Report and direct the City
Manager to move forward with the Implementation Strategy for Options #4 and #6 rec-
ommended in the Committee's Final Report. After lengthy Council discussion that in-
cluded concerns with federal guidelines/changes, disappointment with groups not work
26
ing together, and dislike for mandates, restated motion by Lynch to receive and file the
documents, concur with the recommendation and add an annual review/reporting com-
ponent to the measure. Seconded by Resnick. Motion carried 6-1 with Rios voting nay.
2. Port of Dubuque Marina Annual Report 2016: City Manager transmitting the Port of
Dubuque Marina Annual Report for 2016. Motion by Lynch to receive and file the infor-
mation. Seconded by Resnick. Recreation Division Manager Dan Kroger provided a slide
presentation that included information on highlights, partnerships, marketing, survey data,
marina store, dockage, fuel, financials, 2017 goals, staffing, and history of the marina.
Motion carried 7-0.
3. Skate Park Final Design Concept and Specification Location: City Manager recom-
mending approval of the final design concept and specification location of Flora Park for
the site of the skate park. Motion by Connors to receive and file and approve the recom-
mendation. Seconded by Jones. Responding to questions from the City Council, Park
Division Manager Steve Fehsal provided information on what community outreach efforts.
Motion carried 7-0.
4. Imagine Dubuque Comprehensive Plan Update: City Manager transmitting infor-
mation for the Imagine Dubuque presentation. Motion by Connors to receive and file the
information. Seconded by Jones. Mike Hoffman of Teska Associates provided a slide
presentation. Highlights included a 2016 timeline, 2017 timeline, outreach overview and
components, representative demographic data, events, focus/interview groups and work-
shops, promotion, idea collection, emerging themes, and what's next for the plan. Motion
carried 7-0.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:50 p.m. to discuss Pending Litiga-
tion and Real Estate Transfer Negotiations pursuant to Chapter 21.5(1)(c), -(j) Code of
Iowa. Seconded by Connors. For the record, 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. Motion carried 7-0.
Upon motion, the City Council reconvened in open session at 8:15 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:16 p.m.
/s/Kevin S. Firnstahl
City Clerk
27