5 1 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 May 1, 2017 in the
Historic Federal Building, 350 W. 6m 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
SWEARING IN
1. Mayor Buol administered the Oath of Office to Mayor Pro -Tem Joyce Connors for
the term May 1, 2017 through December 31, 2017.
PRESENTATION
1. International City/County Management Association (ICMA) Fellowship Exchange:
Assistant City Manager Cindy Steinhauser introduced the visiting ICMA Fellows Ms.
Astrid Soray Fitriani of Indonesia, Mr. Hendri of Indonesia, and Ms. Mi Hoang of Vietnam.
Each Fellow greeted the City Council and provided a brief biography.
PROCLAMATION(S)
1. Dubuque Noon Lions Club 95th Anniversary Week (May 8-15, 2017) was accepted
by Dubuque Noon Lion's Club President Dr. Alan Nerves.
2. DuRide in Service to Older Americans Month (May 2017) was accepted by Greg
Orwoll, DuRide Executive Director, 2728 Asbury Rd, Suite 330 and DuRide Board Mem-
ber Cori Burbach.
3. Great Give Day Proclamation (May 11, 2017) was accepted by Wendy Sweeney,
Non -Profit Partnership Coordinator for the Community Foundation of Greater Dubuque,
700 Locust St.
4. Historic Preservation Month (May 2017) was accepted by Historic Preservation
Commission Chairperson Christina Monk.
5. Kids to Parks Day (May 20, 2017) was accepted by Leisure Services Manager Marie
Ware.
6. Mental Health Month (May 2017) was accepted by Mental Health America of Dubu-
que County President Sue Whitty.
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7. Public Service Recognition Week (May 7-13, 2017) was accepted by Fire Marshal
Mike McMahon.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose
of as indicated. Seconded by Del Toro. Council Member Connors requested item #5
Cindy Steinhauser Receives Women of Achievement Award be held for separate discus-
sion. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council proceedings of 4/17, 4/24; Community
Development Advisory Commission of 3/21; Historic Preservation Commission of 4/20;
Transit Advisory Board of 4/13; Proof of Publication for City Council proceedings of 4/3,
4/10. Upon motion the documents were received and filed.
2. 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: Henry Goldstein for property damage. Upon motion the documents were
received, filed and concurred.
3. Notice of Claims and Suits: Henry Goldstein for property damage. Upon motion the
documents were received, filed and referred to the City Attorney.
4. 2017 Ken Kringle Historic Preservation Awards: Historic Preservation Commission
transmitting the recipients of the 2017 Ken Kringle Historic Preservation Award. Upon
motion the documents were received and filed.
5. Cindy Steinhauser Receives Women of Achievement Award: City Manager trans-
mitting the press release announcing Assistant City Manager Cindy Steinhauser receiving
the Achievements in Her Field Award from the Women's Leadership Network that recog-
nizes and honors women who have already, or aspire to, provide significant contributions
in their professional, personal and volunteer roles in the community. Motion by Connors
to receive and file the documents. Seconded by Resnick. Connors recognized Ms. Stein-
hauser's achievements and congratulated her on her new appointment as City Manager
for the City of Frankfort, Kentucky. Motion carried 7-0.
6. Single -Use Plastic Bag Reduction Strategy Update: Correspondence from Loras
College Honor Project students Morgan Dolan, Margaret Clements, Abigail Kirchner, and
Christine McDonald that provides an update from their November 21, 2016 presentation
to Council on their research into reducing single -use plastic checkout bags in Dubuque.
Upon motion the documents were received and filed.
7. Award of Project - 2017 Asphalt Overlay Access Ramp Project One: City Manager
recommending that the award for the 2017 Asphalt Overlay Access Ramp Project One to
Dan Arensdorf Construction, Inc. be officially recorded in the minutes of the City Council.
Upon motion the documents were received, filed and make a Matter of Record.
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8. Eagle Point Park Nomination to the National Register of Historic Places: Historic
Preservation Commission recommending approval of the Eagle Point Park Nomination to
the National Register of Historic Places and authorize the Mayor to sign the Certified
Local Government Evaluation form. Upon motion the documents were received, filed and
approved.
9. Assignment of Development Agreement for 356 Main Street: City Manager recom-
mending approval of a resolution that assigns the Development Agreement from Bonson
Block LLC to JHTD Plaza, LLC for redeveloped property at 356 Main Street. Upon motion
the documents were received and filed and Resolution No. 152-17 Approving the Assign-
ment of the Development Agreement between the City of Dubuque and Bonson Block,
LLC from Bonson Block, LLC to JHTD Plaza, LLC was adopted.
RESOLUTION NO. 152-17
APPROVING THE ASSIGNMENT OF THE DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF DUBUQUE AND BONSON BLOCK, LLC FROM BONSON BLOCK, LLC
TO JHTD PLAZA, LLC
Whereas, the City Council of the City of Dubuque, by Resolution No. 437-11, dated
December 19, 2011 entered into a Development Agreement with Bonson Block, LLC (De-
veloper), and
Whereas, pursuant to the Development Agreement Developer provided certain im-
provements to real estate owned by Bonson Block, LLC, known locally as the Bonson
Block Building located at 356 Main Street, Dubuque, Iowa (the Property); and
Whereas, the Property has been deeded to JHTD Plaza, LLC, an Iowa limited liability
company; and
Whereas, Developer desires to assign the Development Agreement to JHTD Plaza,
LLC pursuant to the Assignment attached hereto following the sale of the Property; and
Whereas, the City Council finds that it is in the best interests of the City of Dubuque to
approve the Assignment.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Assignment is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute the Assignment on
behalf of the City of Dubuque.
Section 3. The City Clerk's Office is authorized and directed to record this resolution
and the Assignment with the Dubuque County Recorder.
Passed, approved and adopted the 1st day of May, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. College and University Transit Partnership Contracts for Fiscal Year 2018: City
Manager recommending approval of the contract for College/University Transit partner-
ship with Clarke University, Loras College and University of Dubuque for the 2017-2018
school year. Upon motion the documents were received, filed and approved.
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11. Grandview and University Avenues Roundabout Midtown Transfer Impacts: City
Manager recommending submittal of an Iowa Department of Transportation Public Transit
Infrastructure Grant to support development of a bus transfer location at Allison -Hender-
son Park. Upon motion the documents were received, filed and approved.
12. Ham House - First Amendment to Lease: City Manager recommending approval of
a First Amendment to the Ham House Lease with the Dubuque County Historical Society
to rectify insurance requirements. Upon motion the documents were received and filed
and Resolution No. 153-17 Approving the First Amendment to Lease Agreement between
the City of Dubuque, Iowa and Dubuque County Historical Society was adopted.
RESOLUTION NO. 153-17
APPROVING THE FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN THE
CITY OF DUBUQUE, IOWA AND DUBUQUE COUNTY HISTORICAL SOCIETY
Whereas, the City of Dubuque, Iowa (Lessor) and the Dubuque County Historical So-
ciety (Lessee) entered into a Lease Agreement dated for reference purposes the 15th day
of May, 2006; and
Whereas, Lessor and Lessee desire to amend the Lease Agreement as set forth in the
attached First Amendment to Lease Agreement; and
Whereas, the City Council believes it is in the best interests of the City of Dubuque to
approve the First Amendment to Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. The City of Dubuque hereby approves the First Amendment to Lease Agree-
ment between the City of Dubuque and the Dubuque County Historical Society, a copy of
which is attached hereto.
Section 2 The Mayor is authorized and directed to sign the First Amendment to Lease
Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 1st day of May, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Historic Preservation Commission - Dubuque County Courthouse Roof: Historic
Preservation Commission recommending approval of a request from Dubuque County for
re -roofing the Dubuque County Courthouse with conditions. Upon motion the documents
were received, filed and approved.
14. 2016-2017 Snow Removal Assessments: City Manager recommending approval
of a resolution establishing the Final Assessment Schedule for the 2016-2017 Snow Re-
moval from City Right -of -Way. Upon motion the documents were received and filed and
Resolution No. 154-17 Adopting an Assessment Schedule of unpaid snow and or ice
removal charges and directing the Clerk to certify the same to the Dubuque County Treas-
urer for collection in the same manner as property taxes was adopted.
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RESOLUTION NO. 154-17
RESOLUTION ADOPTING AN ASSESSMENT SCHEDULE OF UNPAID SNOW AND
OR ICE REMOVAL CHARGES AND DIRECTING THE CLERK TO CERTIFY THE
SAME TO THE DUBUQUE COUNTY TREASURER FOR COLLECTION IN THE SAME
MANNER AS PROPERTY TAXES
Whereas, the City Manager has filed with the City Clerk an assessment schedule
providing the amount to be assessed against certain lots for the actual unpaid abatement
costs of removing snow and or ice; and
Whereas, said schedule is attached as Exhibit A to this resolution and incorporated
herein by this reference; and
Whereas, Iowa Code § 364.12 authorizes the City Council to assess against the prop-
erty said abatement costs in the same manner as property taxes.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA:
Exhibit A is adopted as the Final Assessment Schedule pursuant to Iowa Code
§384.60. The amounts listed in Exhibit A for unpaid snow and or ice removal charges are
confirmed and levied against the properties listed in Exhibit A.
The City Clerk be and is hereby directed to certify the Final Schedule of Assessments
to the County Treasurer of Dubuque County, Iowa, and to publish notice of said certifica-
tion once each week for two consecutive weeks in the manner provided in Iowa Code §
362.3, the first publication of which shall be not more than fifteen days from the date of
filing of the Final Schedule of Assessments. On or before the date of the second publica-
tion of the notice, the City Clerk shall also mail a copy of said notice to property owners
whose property is subject to assessment, as provided in Iowa Code § 384.60.
Assessments may be paid in full without interest at the office of the Dubuque City
Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after
the date of the first notice of the Final Schedule of Assessments. Thereafter, unpaid as-
sessments are payable at the County Treasurer's Office, Dubuque County Courthouse,
720 Central Avenue, Dubuque, Iowa. The assessment cannot be paid in installments.
Unpaid balances will draw the same delinquent interest as ordinary taxes.
Passed and approved this 1st day of May, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
SCHEDULE OF ASSESSMENTS SNOW AND OR ICE REMOVAL CHARGES
Property Owner; Legal Description; Parcel Number; Street Address; Appraised Value;
Cost of Service Outstanding
Erik Olep; Lot 1-2-1-39 Kelly's Sub; 1025133034; 695 Hill St.; $38,700.00; $77.50
James & Diane Barefoot; Lot 7 East St. Sub; 1026112002; 2320 Mineral St.;
$95,640.00; $77.50
Michelle Scott; Lot 2-18 City Lot 703; 1025130020; 607 West 8th St.; $15,050.00;
$77.50
Elders Holdings LLC; Lot 1-2-1A of Min Lot 168; 1027280016; 2620 University Ave.;
$215,633.00; $77.50
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Dubuque Property Investments LLC; Lot 8 Lenox Add 2635-2635 1/2 University;
1027279018; 2635 University Ave.; $250,820.00; $77.50
Dubuque Property Investments LLC; Lot 1-7 Lenox Add; 1027279019; 2631 University
Ave.; $251,720.00; $77.50
Dubuque Property Investments LLC; Lot 9 Lenox Add; 1027279029; 2639 University
Ave.; $241,650.00; $77.50
15. Iowa Department of Health Childhood Lead Poisoning Prevention Program Letter
of Support: City Manager recommending approval for the City Manager to sign a Letter
of Support to the Iowa Department of Public Health for the continuation of the Childhood
Lead Grant funding with the Centers for Disease Control and Prevention. Upon motion
the documents were received, filed and approved.
16. Steeple Square Letter of Support: City Manager recommending approval of a Letter
of Support for the Steeple Square project to facilitate redevelopment of the former St.
Mary's church and rectory buildings along White Street between 15th and 16th Streets.
Upon motion the documents were received, filed and approved.
17. Improvement Contracts / Performance, Payment and Maintenance Bonds: Portzen
Construction, Inc. for the SRF Green Alley Bid Set 4 - Year 3 Project; Commercial Floor-
ing for the Grand River Center Administrative Offices Carpet Replacement Project. Upon
motion the documents were received, filed and approved.
18. 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. 155-17 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. 155-17
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 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:
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Renewals
Ichiban Hibachi Steakhouse
& Sushi Bar
3187 University Ave.
Class C Liquor (Sunday)
McCann's Service, Inc.
690 W. Locust St. Class B Beer (Sunday)
Oky Doky #1
250 W. 1st St.
Paradise Distilling Company
245 Railroad Ave.
Class C Beer, Class B Wine
(Sunday)
Class A Micro -Distilled Spirits
Shenanigan's Pub
3203 Jackson St. Class C Liquor (Sunday)
Tobacco Outlet Plus #504
806 Wacker Dr.
Class C Beer, Class B Native
Wine (Sunday)
Tott's Tap
3457 Jackson St.
Class C Liquor (Sunday)
Special Event
Faj Squad 5K - July 1
6201 Chavenelle Rd. Class B Beer (Outdoor)
Passed, approved and adopted this 1st day of May, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 7-0.
1. Fiscal Year 2017 Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining Project Initiate:
City Manager recommending initiation of the public bidding procedure for the FY17 San-
itary Sewer Cured -in -Place Pipe (CIPP) Lining Project, and further recommends that a
public hearing be set for May 15, 2017. Upon motion the documents were received and
filed and Resolution No. 156-17 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 May 15, 2017 in the Historic
Federal Building.
RESOLUTION NO. 156-17
FY17 SANITARY SEWER CURED -IN-PLACE PIPE (CIPP) LINING PROJECT PRELIM-
INARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ES-
TIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA-
TIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE AD-
VERTISEMENT 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 FY17
Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining Project in the estimated amount
$325,965.20, are hereby preliminarily approved and ordered filed in the office of the City
Clerk for public inspection.
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A public hearing will be held on the 15th day of May, 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 FY17 Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining 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 Engineer is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be pub-
lished on the City of Dubuque website and a contractor plan room service with statewide
circulation, which notice shall be published not less than thirteen but not more than forty-
five days before the date for filing bids before 2:00 p.m. on the 18th day of May 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 5th day of June 2017, in the Historic Federal
Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 1st day of May, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Timber Ridge / Rustic Point Water Main Extension 2017 Project Initiation: City Man-
ager recommending approval to the Resolution of Necessity, establish the public hearing
for May 15, 2017, and authorize the City Clerk to advertise for bid proposals for the Timber
Ridge/Rustic Point Water Main Extension 2017 Project. Upon motion the documents were
received and filed and Resolution No. 157-17 Preliminary approval of plans, specifica-
tions, 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
was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on May 15,
2017 in the Historic Federal Building.
RESOLUTION NO. 157-17
TIMBER RIDGE/RUSTIC POINT WATER MAIN EXTENSION 2017 PROJECT PRELIM-
INARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ES-
TIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICA-
TIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE AD-
VERTISEMENT 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 Timber
Ridge/Rustic Point Water Main Extension 2017 Project in the estimated amount
8
$924,200.00, 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 15th day of May, 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 Timber Ridge/Rustic Point Water Main Extension 2017 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 Engineer is hereby directed to advertise for bids for the construction of the
improvements herein provided, by publishing the attached Notice to Bidders to be pub-
lished on the City of Dubuque website and a contractor plan room service with statewide
circulation, which notice shall be published not less than thirteen but not more than forty-
five days before the date for filing bids before 2:00 p.m. on the 18th day of May 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 5th day of June 2017, in the Historic Federal
Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 1st day of May, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Reallocation of General Obligation Bond Series 2012B: City Manager recommend-
ing setting a public hearing for May 15, 2017, on a proposal to reallocate the unspent
proceeds of the General Obligation Bond Series 2012B from the construction, reconstruc-
tion and repair of street, sidewalk and streetscape improvements to fund the acquisition
and improvements of the United States Postal Service parking lot located at the corner of
Locust and 5th Streets; the acquisition, demolition and improvements of 1146 Elm Street;
and parking improvements at 300 9th Street. Upon motion the documents were received
and filed and Resolution No. 158-17 Fixing the date for a meeting on the proposal to
reallocate certain unspent proceeds of the General Obligation Bonds, Series 2012B, of
the City of Dubuque, Iowa, and providing for publication thereof was adopted setting a
public hearing for a meeting to commence at 6:00 p.m. on May 15, 2017 in the Historic
Federal Building.
RESOLUTION NO. 158-17
RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSAL TO REALLO-
CATE CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS,
SERIES 2012B, OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLI-
CATION OF NOTICE THEREOF
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Whereas, pursuant to hearings duly held under Iowa Code Section 384.25 and a res-
olution approved on February 20, 2012, the City Council of the City of Dubuque, Iowa has
previously issued its General Obligation Bonds, Series 2012B, in the aggregate principal
amount of $7,495,000 (the "Series 2012B Bonds"), for the purpose, among other things,
of paying the costs of the construction, reconstruction and repair of street, sidewalk and
streetscape improvements, including those costs associated with the East 7th and Com-
mercial Street reconstruction and related improvements, two-way street traffic conver-
sions, and Historic Millwork District "complete streets" improvements, and the refinancing
of the General Obligation Capital Loan Notes, Series 2010F, dated September 20, 2010,
essential corporate purposes; and
Whereas, certain proceeds of the Series 2012B Bonds remain unspent, and the City
Manager has recommended that not to exceed $1,443,027 of such unspent proceeds
(the "Unspent Proceeds") be applied for the purpose of funding the acquisition and im-
provements of the United States Postal Service parking lot located at the corner of Locust
and 5th Streets, funds to pay costs of funding the acquisition, demolition and improve-
ments of 1146 Elm Street and to pay costs of funding parking improvements at 300 9th
Street in the amount of approximately $1,443,027, (the "Project"); and
Whereas, there being no procedure specified under Iowa law for consideration or ap-
proval of such a reallocation, it is hereby determined, pursuant to Section 364.6 of the
Code of Iowa, that the procedure set forth in Section 384.25 of the Code of Iowa should
apply to such proposal, and that a hearing be held upon the proposal to reallocate the
Unspent Proceeds to provide funds for the Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street,
Dubuque, Iowa, at 6:00 o'clock p.m., on the 15th day of May, 2017, for the purpose of
taking action on the matter of the proposed reallocation of the Unspent Proceeds of the
Series 2012B Bonds to provide funds to defray all or a portion of the costs of the Project.
Section 2. That the City Clerk is hereby directed to cause one publication to be made
of notice of said meeting, in a legal newspaper, printed wholly in the English language,
published at least once weekly, and having general circulation in said City, said publica-
tion to be not less than four clear days nor more than twenty days before the date of said
public meeting.
Section 3. The notice of the proposed action shall be in substantially the [provided]
form:
Passed and approved this 1st day of May, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Greater Downtown Urban Renewal District - Resolution of Necessity: City Manager
recommending approval of a Resolution of Necessity that finds that a proposed Amended
and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District is
both necessary and appropriate, and sets a public hearing on the proposed Plan for June
5, 2017. Upon motion the documents were received and filed and Resolution No. 159-17
Resolution of Necessity finding that certain areas to be included within the Greater Down -
10
town Urban Renewal District meet the definition of a blighted area under the Urban Re-
newal Law, and that development of said Area is necessary in the interest of the residents
of the City of Dubuque, Iowa, and setting dates of hearing and consultation on a proposed
Amended and Restated Urban Renewal Plan for said District was adopted setting a public
hearing for a meeting to commence at 6:00 p.m. on June 5, 2017 in the Historic Federal
Building.
RESOLUTION NO. 159-17
A RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS TO BE IN-
CLUDED WITHIN THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT MEET
THE DEFINITION OF A BLIGHTED AREA UNDER THE URBAN RENEWAL LAW, AND
THAT DEVELOPMENT OF SAID AREA IS NECESSARY IN THE INTEREST OF THE
RESIDENTS OF THE CITY OF DUBUQUE, IOWA, AND SETTING DATES OF HEAR-
ING AND CONSULTATION ON A PROPOSED AMENDED AND RESTATED URBAN
RENEWAL PLAN FOR SAID DISTRICT
Whereas, the City Council of the City of Dubuque has heretofore approved the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District (the "District") in order to provide redevelopment opportunities which will further
the purposes and objectives of the foregoing Urban Renewal Plan; and
Whereas, City staff has recommended that the District be expanded to add an adjacent
area which meets the definition of a blighted area, as found in Chapter 403 of the Iowa
Code, and that the proposed Amended and Restated Urban Renewal Plan ("Plan") be
updated to include such area and to update urban renewal project descriptions and make
any other necessary revisions; and
Whereas, Chapter 403 of the Iowa Code 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 designat-
ing 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 area referred to herein as the Lower Kaufmann Subarea, as gen-
erally described in Exhibit "A" and Exhibit "B" to this Resolution and to be included in the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District, is a blighted area as defined by Chapter 403 of the Iowa Code and is appropriate
for an urban renewal project.
Section 2. That the development of the above-described Subarea is necessary and
appropriate to facilitate the proper growth and development of the community in accord-
ance with sound planning and local community objectives.
Section 3. That the City Manager is authorized and directed to prepare an Amended
and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to
accomplish the foregoing purposes and objectives, to include in such Plan any appropri-
ate project activities and details, to determine an appropriate date for and conduct the
consultation process required by law with affected taxing entities concerning the proposed
Plan, and submit the Plan to the Long Range Planning Advisory Commission for review
11
and recommendation as to its conformity with the general plan for the development of the
community as a whole.
Section 4. That the City Council hold a public hearing on the adoption of the proposed
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District on June 5, 2017 at 6:00 p.m. in the Historic Federal Building, 350 West 6th Street,
Dubuque, Iowa 52001. The notice of said hearing shall generally identify the areas cov-
ered by the Plan and the general scope of the urban renewal activities planned for such
areas, and said notice shall be published and available to the public not less than four
days nor more than twenty days before the date of said meeting. A copy of the notice of
public hearing shall be sent by ordinary mail to the affected taxing entities.
Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said
Plan, the notice of public hearing, a notice of consultation, and, to the extent the Plan
includes the use of tax increment revenues for a public building, an analysis of alternative
development and funding options for such public buildings, to the Dubuque Community
School District and the Dubuque County Board of Supervisors, as the affected taxing
entities.
Passed, approved and adopted this 1st day of May, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. South Pointe Housing Urban Renewal Area - Resolution of Necessity: City Manager
recommending approval of a Resolution of Necessity that finds that a proposed Amended
and Restated Urban Renewal Plan for the South Point Housing Urban Renewal Area is
both necessary and appropriate, and sets a public hearing on the proposed Plan for June
5, 2017. Upon motion the documents were received and filed and Resolution No. 160-17
Resolution of Necessity finding that certain areas to be included within the South Pointe
Housing Urban Renewal Area meet the definition of an Economic Development Area un-
der the Urban Renewal Law, and that development of said Areas are necessary in the
interest of the residents of the City of Dubuque, Iowa, and setting dates of hearing and
consultation on a proposed Amended and Restated Urban Renewal Plan for said Area
was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on June 5,
2017 in the Historic Federal Building.
RESOLUTION NO. 160-17
A RESOLUTION OF NECESSITY FINDING THAT CERTAIN AREAS TO BE IN-
CLUDED WITHIN THE SOUTH POINTE HOUSING URBAN RENEWAL AREA MEET
THE DEFINITION OF AN ECONOMIC DEVELOPMENT AREA UNDER THE URBAN
RENEWAL LAW, AND THAT DEVELOPMENT OF SAID AREAS ARE NECESSARY IN
THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA, AND SET-
TING DATES OF HEARING AND CONSULTATION ON A PROPOSED AMENDED
AND RESTATED URBAN RENEWAL PLAN FOR SAID AREA
Whereas, the City Council of the City of Dubuque has heretofore approved the Urban
Renewal Plan for the South Pointe Housing Urban Renewal Area (the "Area") in order to
provide redevelopment opportunities which will further the purposes and objectives of the
foregoing Urban Renewal Plan; and
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Whereas, City staff has recommended that the Area be expanded to add adjacent
areas which meet the definition of an economic development area, as found in Chapter
403 of the Iowa Code, and that the proposed Amended and Restated Urban Renewal
Plan ("Plan") be updated to include such areas and to update urban renewal project de-
scriptions and make any other necessary revisions; and
Whereas, Chapter 403 of the Iowa Code 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 designat-
ing 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 areas referred to herein, as generally described in Exhibit "A" and
Exhibit "B" to this Resolution and to be included in the Amended and Restated Urban
Renewal Plan for the South Pointe Housing Urban Renewal Area, are economic devel-
opment areas as defined by Chapter 403 of the Iowa Code and are appropriate for an
urban renewal project.
Section 2. That the development of the above-described area is necessary and appro-
priate to facilitate the proper growth and development of the community in accordance
with sound planning and local community objectives.
Section 3. That the City Manager is authorized and directed to prepare an Amended
and Restated Urban Renewal Plan for the South Pointe Housing Urban Renewal Area to
accomplish the foregoing purposes and objectives, to include in such Plan any appropri-
ate project activities and details, to determine an appropriate date for and conduct the
consultation process required by law with affected taxing entities concerning the proposed
Plan, and submit the Plan to the Long Range Planning Advisory Commission for review
and recommendation as to its conformity with the general plan for the development of the
community as a whole.
Section 4. That the City Council hold a public hearing on the adoption of the proposed
Amended and Restated Urban Renewal Plan for the South Pointe Housing Urban Re-
newal Area on June 5, 2017 at 6:00 p.m. in the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa 52001. The notice of said hearing shall generally identify the areas
covered by the Plan and the general scope of the urban renewal activities planned for
such areas, and said notice shall be published and available to the public not less than
four days nor more than twenty days before the date of said meeting. A copy of the notice
of public hearing shall be sent by ordinary mail to the affected taxing entities.
Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said
Plan, the notice of public hearing, a notice of consultation, and, to the extent the Plan
includes the use of tax increment revenues for a public building, an analysis of alternative
development and funding options for such public buildings, to the Dubuque Community
School District and the Dubuque County Board of Supervisors, as the affected taxing
entities.
Passed, approved and adopted this 1st day of May, 2017.
Attest: Kevin S. Firnstahl, City Clerk
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Roy D. Buol, Mayor
6. Initiation for Condemnation for Coates Property at 13102 Derby Grange Road: City
Manager recommending that the City Council set the fair market value for the 13102
Derby Grange Road property easement, authorize negotiations with property owner Mrs.
Eileen Coates and set for public hearing the initiation of the condemnation process for
June 5, 2017. Upon motion the documents were received and filed and Resolution No.
161-17 Establishing fair market value, directing good faith negotiations, and setting public
hearing concerning the possible exercise of Eminent Domain authority by the City of
Dubuque to acquire land or rights in agricultural land for a proposed site-specific public
improvement project at 13102 Derby Grange Road was adopted setting a public hearing
for a meeting to commence at 6:00 p.m. on June 5, 2017 in the Historic Federal Building.
RESOLUTION NO. 161-17
ESTABLISHING FAIR MARKET VALUE, DIRECTING GOOD FAITH NEGOTIATIONS,
AND SETTING PUBLIC HEARING CONCERNING THE POSSIBLE EXERCISE OF EM-
INENT DOMAIN AUTHORITY BY THE CITY OF DUBUQUE TO ACQUIRE LAND OR
RIGHTS IN AGRICULTURAL LAND FOR A PROPOSED SITE-SPECIFIC PUBLIC IM-
PROVEMENT PROJECT AT 13102 DERBY GRANGE ROAD
Whereas, the City of Dubuque, Iowa, intends to acquire certain real property owned by
Douglas and Eileen Coates (Owner) and legally described as:
Lot 1 of the Southeast 1/4 of the Southeast 1/4 of Section 8, Township 89 North, Range
2 East of the 5th P.M., in Dubuque County, Iowa, according to the recorded plat thereof
(the Property) as shown on Exhibits A-1 and A-2 to improve the City enterprise provid-
ing for sewer systems along Derby Grange Road; and
Whereas, the acquisition of agricultural real estate, or interests in agricultural real es-
tate, will be necessary in order to make the necessary public improvements; and
Whereas, the City has caused an appraisal of the Property to be made and the ap-
praised value of the Property is $22,751.00; and
Whereas, the City Council now desires to establish the fair market value of the Prop-
erty; and
Whereas, the State of Iowa requires a public hearing, after mailed and published no-
tice, as a precondition to the exercise of authority under eminent domain involving agri-
cultural land; and
Whereas, the City Council will pursue informal negotiations with the Owner and will
only resort to eminent domain authority in the instance where informal negotiations prove
to be unsuccessful; and
Whereas, the passage of a resolution authorizing the use of eminent domain authority
prior to the commencement of negotiations is necessary so that delay does not result if
informal negotiations prove to be unsuccessful; and
Whereas, the City Council believes that the site-specific plans for the construction of
the proposed public improvement will be pursued, that financing is available for the actual
construction of this public improvement, and that the public improvement is in the best
interests of the citizens of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBU-
QUE, IOWA, AS FOLLOWS:
Section 1. The fair market value of the Property is hereby established to be $22,751.00.
14
Section 2. The City of Dubuque is hereby authorized to commence negotiations with
the Owner of the Property and any other interested parties for the purchase of the Prop-
erty for a purchase price which is not less than the fair market value established by this
Resolution.
Section 3. A public hearing to consider the authorization to use eminent domain au-
thority, only if necessary, to acquire agricultural real estate, or interests in agricultural real
estate, for the proposed improvements along Derby Grange Road, is hereby set for the
5th day of June, 2017, at 6:00 p.m. in Council Chambers on the second floor of the Historic
Federal Building at 350 West 6th Street, Dubuque, IA 52001.
Section 4. The City Clerk shall cause to be served the published and mailed notices in
the time and manner called for in Iowa Code §6B.2A.
Passed, approved, and adopted this 1st day of May, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Review of applications to the Electrical Code Board. Applicants were invited to address
the City Council regarding their desire to serve on the following Boards/Commissions.
1. Electrical Code Board: Two, 3 -year terms through May 21, 2020 (Expiring Terms of
Dixon and Palmer). Applicants: James Dixon, 2505 Marquette PI.; and Andy Palmer, 1865
Rosemont St.
PUBLIC HEARINGS
1. Vacating Petition - 1065 Jackson Street Right -of -Way: Proof of publication on notice
of public hearing to consider disposing of the City's interest in Jackson Street right-of-way
between 10th Street and 11th Street adjacent to SR Jackson Real Estate, LLC warehouse
building, 1065 Jackson Street, and the City Manager recommending approval. Motion by
Lynch to receive and file the documents and adopt Resolution No. 162-17 Vacating a
portion of Jackson Street adjacent to City Lots 384, 385, 386, 387, and the south half of
388, said right-of-way being a part of City Lot 386A, to be known as Lot 2 of City Lot 386A,
in the City of Dubuque, Iowa; and Resolution No. 163-17 Disposing of City interest in Lot
2 of City Lot 386A, in the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7-
0.
RESOLUTION NO. 162-17
RESOLUTION VACATING A PORTION OF JACKSON STREET ADJACENT TO CITY
LOTS 384, 385, 386, 387, AND THE SOUTH HALF OF 388, SAID RIGHT OF WAY
BEING A PART OF CITY LOT 386A, TO BE KNOWN AS LOT 2 OF CITY LOT 386A,
IN THE CITY OF DUBUQUE, IOWA
Whereas, SR Jackson Real Estate LLC has requested the vacating of a portion of
Jackson Street adjacent to City Lots 384, 385, 386, 387 and the south half of 388; and
15
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated March 10, 2017 prepared by Buesing and Associates, Inc., describing the
proposed vacated street right of way, in the City of Dubuque, Iowa; and
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
City of Dubuque, Iowa on the 21 st day of April, 2017, the City Council of the City of Dubu-
que, Iowa met on the 1st day of May, 2017, at 6:00 p.m. in the Historic Federal Building
Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa
to consider the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec-
tions, oral or written to the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the pro-
posed vacated portion of the Jackson Street Right of Way to be known as Lot 2 of City
Lot 386A, in the City of Dubuque, Iowa, should be approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real estate described as Lot 2 of City Lot 386A, in the City of Dubu-
que, Iowa, be and the same is hereby vacated.
Passed, approved and adopted this 1st day of May, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 163-17
RESOLUTION DISPOSING OF CITY INTEREST IN LOT 2 OF CITY LOT 386A, IN THE
CITY OF DUBUQUE, IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
City of Dubuque, Iowa on the 21 st day of April, 2017, the City Council of the City of Dubu-
que, Iowa met on the 1st day of May, 2017, at 6:00 p.m. in the Historic Federal Building
Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa
to consider the proposal for the sale of real estate described as:
Lot 2 of City Lot 386A, in the City of Dubuque, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec-
tions, oral or written to the proposal to sell such real estate.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the conveyance of City of Dubuque real property described as Lot 2 of
City Lot 386A, in the City of Dubuque, Iowa, to SR Jackson Real Estate LLC be and the
same is hereby approved. Conveyance shall be by Quit Claim Deed.
Section 2. That the Mayor be authorized and directed to execute a Quit Claim Deed,
and the City Clerk be and is hereby authorized and directed to deliver said deed of con-
veyance to SR Jackson Real Estate LLC.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution in the offices of the City Assessor, Dubuque County Re-
corder and Dubuque County Auditor.
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Passed, approved and adopted this 1st day of May, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. 2017 Pavement Marking Project: Proof of publication on notice of public hearing to
consider approval of plans, specifications, form of contract and estimated cost for the
2017 Pavement Marking Project and the City Manager recommending approval. Motion
by Connors to receive and file the documents and adopt Resolution No. 164-17 Approval
of plans, specifications, form of contract and estimated cost for the 2017 Pavement Mark-
ing Project. Seconded by Resnick. Charles Winterwood, 155 Montrose Terrace, and a
member of Tri-State Trial Vision, addressed the City Council regarding his thoughts on
pavement markings that benefit pedestrians, bicycles, and mass transit. Responding to
questions from the City Council, City Engineer Gus Psihoyos stated that staff can provide
a proposal on the cost and availability of longer -wearing products and identifying high -
traffic areas where it might be used. Motion carried 7-0.
RESOLUTION NO. 164-17
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE 2017 PAVEMENT MARKING PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
2017 Pavement Marking Project, in the estimated amount $112,091.52, are hereby ap-
proved.
Passed, adopted and approved this 1st day of May 2017.
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Roy D. Buol, Mayor
Nino Erba, 672% Central Avenue, addressed the City Council about his concerns with
recent Jule Transit bus route changes/reductions particularly in the Freemont Avenue/Key
West area where he stated connection to IDOT's Driver's License Bureau is needed.
Responding to questions from the City Council, City Manager Van Milligen stated that
he will address this in an upcoming meeting with Economic Development Director Mau-
rice Jones and Transit Manager Candace Eudaley.
ACTION ITEMS
1. Five Flags Center Quarterly Report: SMG Regional General Manager HR Cook
shared a quarterly report on the Five Flags Civic Center. Highlights included operating
expenses and revenues for Fiscal Year 2016-2017; notable events from December 2016
through April 2017; event photos; notable upcoming events; digital statistics related to
social media usage; the top 10 cities the Center's web traffic is generated from; media
relations; partnerships; and capital initiatives for 3rd and 4th quarters. Motion by Connors
to receive and file the documents. Seconded by Del Toro. Motion carried 7-0.
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2. Award of Project - Lower Bee Branch Creek Floating Island Project: City Manager
recommending award of the Lower Bee Branch Creek Floating Island Project construction
contract to the low bidder ENCAP, Inc., contingent upon approval from the Iowa Depart-
ment of Natural Resources and ENCAP, Inc. becoming registered to transact business in
the State of Iowa. Motion by Lynch to receive and file the documents and adopt Resolu-
tion No. 165-17 Awarding public improvement contract for the Lower Bee Branch Creek
Floating Island Project. Seconded by Connors. Responding to questions from the City
Council, City Attorney Brumwell stated that registering to do business in Iowa was not a
condition for accepting the bid, but the contract was registered as of April 19, 2017. City
Manager Van Milligen addressed RECAT grant funding fulfillment related to this project.
Engineer Deron Muehring described the environmental benefits, cost effectiveness and
ongoing maintenance of the project. Motion carried 7-0.
RESOLUTION NO. 165-17
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE LOWER BEE BRANCH
CREEK FLOATING ISLAND PROJECT
Whereas, sealed proposals have been submitted by contractors for the Lower Bee
Branch Creek Floating Island Project (the Project) pursuant to Resolution No. 129-17 and
Notice to Bidders published on the City of Dubuque website and in a contractor plan room
service with statewide circulation on the 7th day of April 2017; and
Whereas, said sealed proposals were opened and read on the 21 st day of April, 2017
and it has been determined that ENCAP, Inc. of DeKalb, IL, with a bid in the amount of
$197,075.00, is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to ENCAP, Inc.,
subject to ENCAP becoming registered with the Iowa Division of Labor Services of the
Iowa Department of Workforce Development and subject to the approval by the Iowa
Department of Natural Resources and the City Manager is hereby directed to execute a
Public Improvement Contract on behalf of the City of Dubuque for the Project, following
said registration and approval.
Passed, approved and adopted this 1st day of May, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Chaplain Schmitt Island Master Plan Amendment: City Manager recommending ap-
proval to amend the Chaplain Schmitt Island Master Plan adopted by City Council on July
21, 2014, to remove the option of housing from the Master Plan. Motion by Connors to
receive and file the documents and adopt Resolution No. 166-17 Amending the Chaplain
Schmitt Island Master Plan. Seconded by Jones. Responding to questions from the City
Council, Planning Services Manager Laura Carstens stated that the decision to remove
the housing option arose from discussions with stakeholders and concerns with floodplain
issues/requirements, potential for noise generated from entertainment facilities, and zon-
ing conflicts all not conducive with a housing component. Motion carried 7-0.
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RESOLUTION NO. 166-17
RESOLUTION AMENDING THE CHAPLAIN SCHMITT ISLAND MASTER PLAN
Whereas, the City of Dubuque adopted a Master Plan for Chaplain Schmitt Island by
Resolution No. 224-14; and
Whereas, the Master Plan identifies opportunities and partnerships for existing and
planned developments and improvements that may conflict with residential uses; and
Whereas, Chaplain Schmitt Island presents financing and regulatory challenges for
housing development in the Marina Village planning area; and
Whereas, the Master Plan remains consistent with the 2012 Comprehensive Plan with-
out the option of housing.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council hereby amends the Chaplain Schmitt Island Master
Plan to remove the option of housing from the Plan and rename the Marina Village plan-
ning area to Island Destination.
Passed, approved and adopted this 1st day of May, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Settlement Authority Changed: City Attorney recommending approval of a resolution
which will formally grant authority for settlement of certain claims to the City Manager and
City Attorney. Motion by Connors to receive and file the documents and adopt Resolution
No. 167-17 Authorizing the City Manager and the City Attorney to settle claims against
the City. Seconded by Lynch. City Attorney Brumwell stated that the request establishes
a formal policy and expedites the claim process and that approval/denial of claims is still
the responsibility of the City's insurance entity. Motion carried 7-0.
RESOLUTION NO. 167-17
AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO SETTLE
CLAIMS AGAINST THE CITY
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Manager is authorized to settle claims against the City where the
amount of the settlement is $20,000 or less, and all workers' compensation claims.
Section 2. The City Attorney is authorized to settle claims against the City where the
amount of the settlement is $10,000 or less.
Section 3. When the City Manager, or the City Attorney reach a final, binding, written
settlement agreement, the City Manager or the City Attorney shall, upon request and to
the extent allowed under applicable law, prepare a brief summary of the resolution of the
dispute indicating the identity of the parties involved, the nature of the dispute, and the
terms of the settlement, including any payments made by or on behalf of the government
body and any actions to be taken by the government body. The City Manager or the City
Attorney are not required to prepare a summary if the settlement agreement includes the
information required to be included in the summary. The settlement agreement and any
required summary shall be a public record.
Passed, approved and adopted this 1st day of May, 2017.
19
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Code of Ordinances Amendment - Title 1 Rescheduling of Regular City Council
Meetings: City Manager recommending an amendment to the Code of Ordinances 1-6A-
3: Types of Meetings that would allow the Mayor or a majority of the members of the City
Council to reschedule a regular meeting of the Council. Motion by Jones to receive and
file the documents and that the requirement that a proposed ordinance be considered
and voted on for passage at two Council meetings prior to the meeting at which it is to be
passed be suspended. Seconded by Connors. Responding to questions from the City
Council, City Attorney Brumwell provided information on how several other Iowa cities
handle the same issue, that the amendment does not affect the list of City holidays al-
ready outlined in the Code that preclude the City Council from meeting, and that this
provides the City Council with the ability to change a regular meeting date should unfore-
seen circumstances arise. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 17-17 Amending
City of Dubuque Code of Ordinances Title 1 Administration, Chapter 6 Mayor and City
Council Article A Rules and Procedure Section 1-6A-3 Types of Meetings by adding a
new Section 1 -6A -3(E), Rescheduling of Regular Meetings. Seconded by Lynch. Motion
carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 17-17
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 1 ADMINISTRA-
TION, CHAPTER 6 MAYOR AND CITY COUNCIL ARTICLE A RULES AND PROCE-
DURE SECTION 1-6A-3 TYPES OF MEETINGS BY ADDING A NEW SECTION 1 -6A -
3(E), RESCHEDULING OF REGULAR MEETINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 1-6A-3 is amended to read as
follows:
1-6A-3: TYPES OF MEETINGS:
A. Regular Meetings: Regular meetings of the council must be held on the first and
third Mondays of each month. However, when the first or third Monday falls upon any of
the following City holidays, such meeting must be held on the next succeeding day:
New Year's Day, Martin Luther King's Birthday, Memorial Day, Independence Day,
Labor Day, Veteran's Day, Thanksgiving Day, Day after Thanksgiving, Christmas Eve,
Christmas Day and New Year's Eve
Unless otherwise indicated in the notice of meeting, regular meetings will commence
at six o'clock (6:00) p.m.
B. Special Meetings: Special meetings may be called by the mayor or by a majority of
the members of the city council. The call for a special meeting shall be filed with the city
clerk in written form, except that announcement of a special meeting during any regular
meeting shall be sufficient notice of such special meeting. The call for a special meeting
shall specify the day, the hour, and the location of the special meeting and shall list the
subject or subjects to be considered.
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C. Recessed Meetings: Any meeting of the city council may be recessed to a later date
and time; provided, that no recess shall be for a longer period than until the next regular
meeting.
D. Work Sessions: The city council may meet informally in work sessions (open to the
public), at the call of the mayor or of any four (4) members of the city council, to review
forthcoming programs of the city, receive progress reports on current programs or pro-
jects, or receive other similar information from the city manager.
E. Rescheduling of Regular Meetings: A regular meeting of the council may be re-
scheduled by the mayor or by a majority of the members of the city council. The request
to reschedule a regular meeting may be filed in written form with the city clerk and ap-
proved during any regular meeting of the council a minimum of 30 days in advance of the
rescheduled meeting. The public notice for a rescheduled regular meeting shall specify
the time, date, and place of the meeting, and tentative agenda for the meeting.
Section 2. This ordinance shall take effect upon publication
Passed, approved and adopted the 1st day of May, 2017.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 5th day of May 2017.
/s/Kevin S. Firnstahl, City Clerk
6. Southwest Arterial Project Update and Work Session: City Manager transmitting a
status update on the development, advancement, and construction progress for the
Southwest Arterial (U.S. 52) Project and requesting a work session be scheduled for
Monday, July 10, 2017 at 6:00 p.m. Motion by Connors to receive and file the documents
and set the work session at recommended. Seconded by Resnick. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Jones reported on the recent death of community philanthropist Rich-
ard (Dick) Schmid and on the death of Iowa State Trooper Mark Burbridge in Potta-
wattamie County.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:21 p.m. to discuss pending Litigation
and real estate transfer negotiations pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa.
Seconded by Resnick. 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 7:30 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 7:31 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
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