8 7 17 City Council Proceedings Official_Regular CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on August 7, 2017 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Rios; City
Manager Van Milligen, City Attorney Brumwell
Absent: Council Member Resnick
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
PRESENTATION(S)
1 . 2017 Walgreens Happy & Healthy Champion Award: Kimberly Walz, Director of Lo-
cal Government Relations for Walgreens, presented Mayor Roy D. Buol with the 2017
Walgreens Happy & Healthy Champion Award for his commitment to making Dubuque a
healthy and sustainable community.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose
of as indicated. Seconded by Del Toro. Motion carried 6-0.
1 . Minutes and Reports Submitted: City Council Proceedings of 7/17, 7/20, 7/24; In-
vestment Oversight Advisory Commission of 7/26; Park and Recreation Commission of
7/11 ; Proofs of publication for City Council Proceedings of 7/5, 7/10, 7/11 , 7/17, 7/20,
7/24. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Alec Benson for vehicle damage, Lester & Susan Bet-
tcher for property damage, Linda Breitbach for personal injury, Charles and Ruth Ellis for
property damage, Timothy Kelly for vehicle damage, Mark Lansing for vehicle damage,
Monique Hopkins for vehicle damage, Aislinn O'Brien for vehicle damage, Lynn Pollock
for vehicle damage, suit by Chris Cullen for Civil Service veteran's points application.
Upon motion the documents were received, filed, and referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
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surance Pool: Lester and Susan Bettcher for property damage, Linda Breitbach for per-
sonal injury, Ruth Ellis for property damage, Monique Hopkins for vehicle damage, Tim-
othy Kelly for vehicle damage, Mark Lansing for vehicle damage, Aislinn O'Brien for ve-
hicle damage, Lynn Pollock for vehicle damage, suit by Chris Cullen for Civil Service
veteran's points application. Upon motion the documents were received, filed, and con-
curred.
4. Government Finance Officers Association Certificate of Achievement for Excellence
in Financial Reporting: City Manager transmitting correspondence from the Finance Of-
ficers Association (GFOA) awarding Finance Director Jean Nachtman and the City of
Dubuque the Certificate of Achievement for Excellence in Financial Reporting for Fiscal
Year ended June 30, 2016. Upon motion the documents were received and filed.
5. Dubuque County Emergency Management July 11 -12, 2017 Storm Recovery Ef-
forts: City Manager transmitting correspondence from Emergency Management Coordi-
nator Tom Berger related to recovery efforts for the storm on July 11 and July 12, 2017.
Upon motion the document was received and filed.
6. Opportunity Dubuque Outcomes: City Manager transmitting information from Op-
portunity Dubuque on the outcomes of its collaborative job training programs. Upon mo-
tion the document was received and filed.
7. "Industrial Strength" Article from bizTimes: City Manager transmitting an article from
bizTimes related to regional industrial parks. Upon motion the document was received
and filed.
8. AmeriCorps Partners in Learning / Iowa Commission on Volunteer Service 2017-
2018 Summer-Only Grant: City Manager recommending approval to execute the 2017-
2018 AmeriCorps Partners in Learning Summer-Only Grant. Upon motion the documents
were received, filed and approved.
9. Public Works Department - Creation of Sewer Maintenance Foreman: City Manager
recommending approval to eliminate one Foreman position and create one Sewer Mainte-
nance Foreman position in the Public Works Department. Upon motion the documents
were received, filed and approved.
10. Four Mounds HEART Community Development Block Grant Contract: City Man-
ager recommending approval of the Community Development Block Grant (CDBG)
Agreement with the Four Mounds HEART program for Fiscal Year 2018. Upon motion the
documents were received, filed and approved.
11 . Contracted Services Agreement - Hills and Dales Senior Center Lifetime Program
Fiscal Year 2018: City Manager recommending approval of the Hills and Dales Senior
Center Lifetime Program Contracted Service Agreement that provides for educational,
recreational and social programs to senior citizens at the 3505 Stoneman Road facility.
Upon motion the documents were received, filed and approved.
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12. Washington Tool Library Community Development Block Grant Contract: City Man-
ager recommending approval of the Community Development Block Grant (CDBG)
Agreement with Washington Tool Library to provide tool lending for low- and moderate-
income residents. Upon motion the documents were received, filed and approved.
13. Community Development Block Grant National Disaster Resilience (CDBG-NDR)
Program Contract Amendment No. 1 : City Manager recommending approval of Amend-
ment No. 1 to the current contract with the Iowa Economic Development Authority for the
CDBG-NDR Housing Contract to comply with language revisions requested by HUD.
Upon motion the documents were received, filed and approved.
14. Fiscal Year 2018 Community Development Block Grant (CDBG) Annual Action
Plan Amendment 1 : City Manager recommending approval of a resolution to submit the
FY 2018 CDBG Annual Action Plan Amendment 1 to the United States Department of
Housing and Urban Development (HUD) for the HUD Program Year 2017. Upon motion
the documents were received and filed and Resolution No. 268-17 Adopting the Fiscal
Year 2018 (Program Year 2017) Community Development Block Grant (CDBG) Annual
Action Plan was adopted.
RESOLUTION NO. 268-17
A RESOLUTION ADOPTING THE FISCAL YEAR 2018 (PROGRAM YEAR 2017) COM-
MUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN
Whereas, the City of Dubuque has, through a series of public meetings and hearings,
proposed a Fiscal Year 2018 (Program Year 2017) Community Development Block Grant
Annual Action Plan addressing housing and non-housing needs in the community; and
Whereas, the City wishes to amend the proposed plan prior to submission to HUD.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the Community Development Block Grant Fiscal Year 2018 (Program
Year 2017) Annual Action Plan (City Budget Amendment 1), attached hereto as Exhibit
A and by this reference made a part hereof, is hereby adopted for inclusion in the
Amended Fiscal Year 2018 City Budget on August 1 , 2017.
Section 2. That the Community Development Block Grant Fiscal Year 2018 (Program
Year 2017) Annual Action Plan, shall be included in the Five Year Consolidated Plan for
the use of Community Development Block Grant Funds for Fiscal Year 2016-2020.
Section 3. The City Manager is hereby authorized and directed to prepare and submit
to the United States Department of Housing and Urban Development the Fiscal Year
2018 (Program Year 2017) Annual Action Plan with all related documents for the use of
Community Development Block Grant funds based on this adopted budget and execute
standard contracts and agreements, following a 15-day comment period and public meet-
ing to be held on August 15, 2017 by the Community Development Advisory Commission.
Passed, approved and adopted this 7th day of August, 2017
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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15. Fiscal Year 2018 REAP Plan Update, Grant Application and Committee Repre-
sentative: City Manager recommending approval of the City of Dubuque's update of the
Fiscal Year 2018 Dubuque County Resource Enhancement and Protection (REAP) Plan
Resolution, Fiscal Year 2018 REAP Grant application for Phase 2 of the Environmental
Restoration Management Plan for Eagle Point Park, and confirmation of Council Member
Joyce Connors as the City representative on the Fiscal Year 2018 Dubuque County
REAP Committee. Upon motion the documents were received and filed and Resolution
No. 269-17 Authorizing REAP Grant application to Iowa Department of Natural Resources
for Phase 2 of Eagle Point Park Environmental Restoration Management Plan was
adopted.
RESOLUTION NO. 269-17
RESOLUTION AUTHORIZING REAP GRANT APPLICATION TO IOWA DEPART-
MENT OF NATURAL RESOURCES FOR PHASE 2 OF EAGLE POINT PARK ENVI-
RONMENTAL RESTORATION MANAGEMENT PLAN
Whereas, the Iowa Department of Natural Resources has allocated grant funds from
REAP (Resource Enhancement and Protection) for projects that help establish natural
areas, encourage outdoor recreation, and enhance and protect Iowa's natural and cultural
resources; and
Whereas, the City of Dubuque has adopted the 2012 Comprehensive Plan that in-
cludes goals for environmental quality, park improvements, and stormwater manage-
ment.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The Mayor hereby is authorized to sign and submit the FY 2018 REAP Grant
application to the Iowa Department of Natural Resources for Phase 2 of the Eagle Point
Park Environmental Restoration Management Plan in the amount of$200,000.
Section 2. That the City Council hereby provides its written assurance that the com-
pleted project will be adequately maintained for its intended use in accordance with state
requirements.
Passed, approved and adopted this 7th day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Sanitary Sewer Extension Easement Agreement - Coates Property: City Manager
recommending approval of a resolution approving the Agreement with Mrs. Eileen Coates
that allows the City to install a sanitary sewer across her property, and authorizing the
City Attorney to accept and record the Easement on behalf of the City. Upon motion the
documents were received and filed and Resolution No. 270-17 Approving an Agreement
by and between the City of Dubuque, Iowa and Eileen C. Coates providing for the instal-
lation of a sanitary sewer across Coates' property and accepting a Grant of Permanent
Easement for the purpose of constructing and maintaining the sanitary sewer was
adopted.
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RESOLUTION NO. 270-17
APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE, IOWA
AND EILEEN C. COATES PROVIDING FOR THE INSTALLATION OF A SANITARY
SEWER ACROSS COATES' PROPERTY AND ACCEPTING A GRANT OF PERMA-
NENT EASEMENT FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING
THE SANITARY SEWER
Whereas, the City of Dubuque has been working to encourage development within city
limits and the two-mile fringe area boundary; and
Whereas, Derby Grange, LLC. will be constructing a city development at the corner of
Kennedy Road and Derby Grange Road; and
Whereas, to facilitate this development the City must extend the sanitary sewer into
the area; and
Whereas, the City negotiated an Agreement with Mrs. Eileen C. Coates (Coates),
which is attached, to address sanitary sewer extension and other matters of concern to
the parties; and
Whereas, Coates has granted to City an easement for a sanitary sewer on her prop-
erty.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1 . The Agreement with Coates attached hereto is hereby accepted and approved.
2. The City Attorney is authorized to accept and record the Grant of Easement for
Sanitary Sewer on behalf of the City.
3. The City Clerk's Office is authorized and directed to provide a certified copy of this
resolution for filing by the City Attorney with the Dubuque County Recorder.
Passed, approved and adopted this 7th day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Verified Claims Extending Restrictions on Use of Property for Dubuque Industrial
Center and Dubuque Technology Park: City Manager recommending that the Verified
Claims be submitted to the City Council for approval, which will renew the Covenants in
the Dubuque Industrial Center and Technology Park for an additional 21 years from the
date of the recording of the Verified Claims. Upon motion the documents were received
and filed and Resolution No. 271-17 Approving a Verified Claim pursuant to Iowa Code
Sec. 614.24 to renew Declaration of Covenants, Conditions, Restrictions, Reservations,
Easements, Liens and Charges for property in Dubuque Industrial Center West, Dubuque
Industrial Center West 2nd Addition, Dubuque Industrial Center West 5th Addition, and
Dubuque Industrial Center North First Addition; and Resolution No. 272-17 Approving a
Verified Claim pursuant to Iowa Code Sec. 614.24 to Renew Declaration of Covenants,
Conditions, Restrictions, Reservations, Easements, Liens and Charges for Property in
Dubuque Technology Park were adopted.
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RESOLUTION NO. 271-17
APPROVING A VERIFIED CLAIM PURSUANT TO IOWA CODE SEC. 614.24 TO RE-
NEW DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVA-
TIONS, EASEMENTS, LIENS AND CHARGES FOR PROPERTY IN DUBUQUE INDUS-
TRIAL CENTER WEST, DUBUQUE INDUSTRIAL CENTER WEST 2ND ADDITION,
DUBUQUE INDUSTRIAL CENTER WEST 5TH ADDITION, AND DUBUQUE INDUS-
TRIAL CENTER NORTH FIRST ADDITION
Whereas, the City of Dubuque adopted on October 25, 1999 the Declaration of Cove-
nants, Conditions, Restrictions, Reservations, Easements, Liens and Charges (the Cov-
enants), recorded November 16, 1999 as Instrument no. 17454-99, as amended, cover-
ing the following described property:
Dubuque Industrial Center West Lots 1 , 2, 3, 4, A, B, C and D; and
Whereas, the following additional property was added to the Properties covered by the
Covenants, specifically as follows:
Dubuque Industrial Center West 2nd Addition, by instrument dated April 16, 2002,
recorded on April 30, 2002 as Instrument no. 7990-02;
Dubuque Industrial Center West 5th Addition, by instrument dated June 6, 2006,
recorded July 7, 2006 as Instrument no. 2006-10389; and
Dubuque Industrial Center North First Addition, by instrument dated February 7,
2011 , recorded February 11 , 2011 as Instrument no. 2011 -2684; and
Whereas, the following property has been added to the Properties covered by the Cov-
enants:
Lot one (1) of Graf Farm Subdivision #2, Dubuque County, Iowa, according to the
recorded plat thereof;
Lot 1 of Lot 1 of Lot 1 of Lot 1 of West One-half of Northeast One-quarter, Section
25, Township 89 North, Range 1 East of the 5th Principal Meridian, in Center Town-
ship, Dubuque County, Iowa;
Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County,
Iowa, according to the plat thereof; and
The NW 1/4 of the SE 1/4 of Section 25, Township 89 North, Range 1 East of the 5th
P.M., in Center Township, Dubuque County, Iowa; and
Lot 1 of Lot 1 of the NW 1/4 of the NW 1/4 and the South % of the NW 1/4 in Section
29, Township 89 North, Range 2 East of the 5th P.M., Dubuque County, Iowa; and
Lot One (1) of Dubuque Industrial Center Seventh Addition in the City of Dubuque,
Iowa, according to the recorded plat thereof; and
Lot Two (2) of McFadden Farm Place #2 in the City of Dubuque, Iowa, according
to the recorded plat thereof; and
Lot 2 of McFadden Farm Place, in the City of Dubuque, Iowa, according to the
recorded Plat thereof, subject to easements and restrictions of record by instrument
dated July 5, 2017, recorded July 7, 2017, as Instrument no. 2017-00008431 ; and
Whereas, Article VI of the Covenants allows the City to file a verified claim pursuant to
Iowa Code Sec. 614.24 to extend the Covenants for an additional twenty-one years; and
Whereas, the City Council now desires to extend the Covenants for an additional
twenty-one years.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The attached Verified Claim pursuant to Iowa Code Sec. 614.24 to Renew Declaration
of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges for
Property in Dubuque Industrial Center West, Dubuque Industrial Center West 2nd Addi-
tion, Dubuque Industrial Center West 5th Addition, and Dubuque Industrial Center North
First Addition is hereby approved.
The Mayor and City Clerk are hereby directed to execute the document on behalf of
the City of Dubuque.
The City Clerk is hereby directed to record the document with the Dubuque County
Recorder.
Passed, approved and adopted this 7th day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 272-17
APPROVING A VERIFIED CLAIM PURSUANT TO IOWA CODE SEC. 614.24 TO RE-
NEW DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, RESERVA-
TIONS, EASEMENTS, LIENS AND CHARGES FOR PROPERTY IN DUBUQUE TECH-
NOLOGY PARK
Whereas, the City of Dubuque adopted on June 15, 1998, the Declaration of Cove-
nants, Conditions, Restrictions, Reservations, Easements, Liens and Charges (the Cov-
enants), recorded June 30, 1998, as Instrument no. 10226-98, covering the following de-
scribed property:
Dubuque Technology Park; and
Whereas, the following property has been added to the Properties covered by the Cov-
enants:
Lot F Dubuque Technology Park according to the plat recorded as Instrument No.
2006-12432 on August 11 , 2006 by instrument dated July 5, 2017, recorded July 7,
2017 as Instrument no. 2017-00008430.
Whereas, Article VI of the Covenants allows the City to file a verified claim pursuant to
Iowa Code Sec. 614.24 to extend the Covenants for an additional twenty-one years; and
Whereas, the City Council now desires to extend the Covenants for an additional
twenty-one years.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The attached Verified Claim pursuant to Iowa Code Sec. 614.24 to Renew Declaration
of Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges for
Property in Dubuque Technology Park is hereby approved.
The Mayor and City Clerk are hereby directed to execute the document on behalf of
the City of Dubuque.
The City Clerk is hereby directed to record the document with the Dubuque County
Recorder.
Passed, approved and adopted this 7th day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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18. Pre-Annexation Agreement - Barbara A. Gantenbein: City Manager recommending
approval of a Pre-Annexation Agreement with Barbara A. Gantenbein in conjunction with
approving the Plat of Survey of Gantenbein Acres No. 2 in Dubuque County and estab-
lished by the City's Fringe Area Development Standards of the Unified Development
Code. Upon motion the documents were received and filed and Resolution No. 273-17
Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Barbara
A. Gantenbein was adopted.
RESOLUTION NO. 273-17
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND BARBARA A. GANTENBEIN
Whereas, Barbara A. Gantenbein, the owner of the following described property in
Dubuque County, Iowa (the Property) have submitted to the City Council of the city of
Dubuque an application for voluntary annexation of the Property to the City of Dubuque:
Lot 2 Gantenbein Acres and a portion of the NE 1/4, NW 1/4, Section 8, T88N, R2E per
Warranty Deed Instr. No. 6949-73, Dubuque County, Iowa; and
Whereas, Barbara A. Gantenbein has entered into a Pre-Annexation Agreement with
the City of Dubuque a copy of which is attached hereto governing the future annexation
of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of
the City of Dubuque, necessary for the future orderly growth and development of the City
of Dubuque, and will promote efficient and cost effective extension of municipal services;
and
Whereas, the City Council finds that the annexation of the Property is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The Pre-Annexation Agreement by and between Barbara A. Gantenbein
and the City of Dubuque is hereby approved.
Passed, approved and adopted this 7th day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Pre-Annexation Agreement - Oakland Farms Real Estate Company: City Manager
recommending approval of a Pre-Annexation Agreement with Oakland Farms Real Estate
Company in conjunction with approving the Final Plat for Oakland Farms Estates in Dubu-
que County, and established by the City's Fringe Area Development Standards of the
Unified Development Code. Upon motion the documents were received and filed and
Resolution No. 274-17Approving a Pre-Annexation Agreement between the City of Dubu-
que, Iowa and Oakland Farms Real Estate Company was adopted.
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RESOLUTION NO. 274-17
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND OAKLAND FARMS REAL ESTATE COMPANY
Whereas, Oakland Farms Real Estate Company, the owner of the following described
property in Dubuque County, Iowa (the Property) has submitted to the City Council of the
City of Dubuque an application for voluntary annexation of the Property to the City of
Dubuque:
Lot 2 of Reuter 2nd Addition, Lot 2 of Lot 1 of Lot 1 of Lot 2 of the Northwest 1/4 of the
Northeast 1/4, and Lot 2 of Lot 1 of Lot 1 of Lot 1 of Lot 1 of the Subdivision of the East
one-half of the Northeast 1/4 and the Southwest 1/4 of the Northeast 1/4 all in Section
15, Township 88 North, Range 2 East of the 5th P.M., Dubuque County, Iowa; and
Whereas, Oakland Farms Real Estate Company has entered into a Pre-Annexation
Agreement with the City of Dubuque, a copy of which is attached hereto governing the
future annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of
the City of Dubuque, necessary for the future orderly growth and development of the City
of Dubuque, and will promote efficient and cost effective extension of municipal services;
and
Whereas, the City Council finds that the annexation of the Property is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The Pre-Annexation Agreement by and between Oakland Farms Real Es-
tate Company and the City of Dubuque is hereby approved.
Passed, approved and adopted this 7th day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
20. Pre-Annexation Agreement - James L. and Laura V. Jelinske: City Manager rec-
ommending approval of a Pre-Annexation Agreement with James L. and Laura V.
Jelinske in conjunction with approving the Plat of Survey for Jelinske Place No. 2 in Dubu-
que County and established by the City's Fringe Area Development Standards of the
Unified Development Code. Upon motion the documents were received and filed and
Resolution No. 275-17 Approving a Pre-Annexation Agreement between the City of Dubu-
que, Iowa and James L. And Laura V. Jelinske was adopted.
RESOLUTION NO. 275-17
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND JAMES L. AND LAURA V. JELINSKE
Whereas, James L. and Laura V. Jelinske, the owners of the following described prop-
erty in Dubuque County, Iowa (the Property) have submitted to the City Council of the city
of Dubuque an application for voluntary annexation of the Property to the City of Dubuque:
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Lot 2 of Jelinske Place, Dubuque County, Iowa; and
Whereas, James L. and Laura V. Jelinske have entered into a Pre-Annexation Agree-
ment with the City of Dubuque a copy of which is attached hereto governing the future
annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of
the City of Dubuque, necessary for the future orderly growth and development of the City
of Dubuque, and will promote efficient and cost effective extension of municipal services;
and
Whereas, the City Council finds that the annexation of the Property is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The Pre-Annexation Agreement by and between James L. and Laura V.
Jelinske and the City of Dubuque is hereby approved.
Passed, approved and adopted this 7th day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
21 . Iowa Department of Transportation ICAAP Funding Agreement for the Northwest
Arterial and John F. Kennedy Road Turn Lane Improvement: City Manager recommend-
ing approval of a Resolution authorizing the Mayor to execute a Funding Agreement with
the Iowa Department of Transportation for an Iowa Clean Air Attainment Program
(ICAAP) Grant to assist with the construction of a right turn lane on the north leg of JFK
Road with traffic signal adjustments at the Northwest Arterial and JFK Road intersection.
Upon motion the documents were received and filed and Resolution No. 276-17 Approv-
ing the Iowa Department of Transportation Agreement for Iowa Clean Air Attainment Pro-
gram Grant for the City of Dubuque John F. Kennedy Road and NW Arterial Right-Turn
Lane Improvement was adopted.
RESOLUTION NO. 276-17
RESOLUTION APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR IOWA CLEAN AIR ATTAINMENT PROGRAM GRANT FOR THE
CITY OF DUBUQUE JOHN F. KENNEDY ROAD AND NW ARTERIAL RIGHT TURN
LANE IMPROVEMENT
Whereas, the increasing growth of traffic volumes, along with operational and air qual-
ity concerns, at the intersection of John F. Kennedy Road and NW Arterial in the City of
Dubuque could be improved by adding a southbound right turn lane; and
Whereas, the City of Dubuque has determined that improvements to this intersection,
as recommended by the HDR Study commissioned by Iowa Department of Transporta-
tion, will improve traffic flow; and
Whereas, the City of Dubuque is seeking the necessary funding for project implemen-
tation and commits 20% matching funds required to access Iowa Clean Air Attainment
10
Funds, and upon completion, in cooperation with the Iowa Department of Transportation,
be responsible for adequately maintaining and operating the project for public use during
the project's useful life.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1 . That said Iowa Clean Air Attainment Funding in the City of Dubuque for the
John F. Kennedy Road and NW Arterial right turn lane improvement is hereby approved.
Section 1 . That the Mayor be authorized and directed to execute two copies of said
Agreement for the John F. Kennedy Road and NW Arterial right turn lane improvement.
Passed, approved and adopted this 7th day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
22. 2017 Asphalt Overlay Access Ramp Project One Acceptance: City Manager rec-
ommending acceptance of the construction contract for the 2017 Asphalt Overlay Access
Ramp Project One as completed by Dan Arensdorf Construction. Upon motion the docu-
ments were received and filed and Resolution No. 277-17 Accepting the 2017 Asphalt
Overlay Access Ramps Project One and authorizing the payment of the contract amount
to the contractor was adopted.
RESOLUTION NO. 277-17
ACCEPTING THE 2017 ASPHALT OVERLAY ACCESS RAMPS PROJECT ONE AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC-
TOR
Whereas, the Public Improvement Contract for the 2017 Asphalt Overlay Access
Ramps Project One (the Project) has been completed and the City Engineer has exam-
ined the work and filed a certificate stating that the Project has been completed according
to the terms of the Public Improvement Contract and that the City Engineer recommends
that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Curb Ramp Program appropriations and the sidewalk program appropriations for the con-
tract amount of$30,502.70, less any retained percentage provided for therein as provided
in Iowa Code chapter 573, and to pay such retainage only in accordance with the provi-
sions of Iowa Code chapter 573.
Passed, approved and adopted this 7th day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2017 ASPHALT
OVERLAY ACCESS RAMPS PROJECT ONE
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the 2017 Asphalt Overlay Access Ramps Project One, that the Project has
11
been performed in compliance with the terms of the Public Improvement Contract, and
that the total cost of the completed work is $35,078.11
Dated this 31st day of July, 2017.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 31st day of July 2017.
/s/ Kevin S. Firnstahl, City Clerk
23. Stair Replacement Project - 11th and Alice Streets: City Manager recommending
that the award and completion for the Stair Replacement 11th and Alice Streets Project to
Drew Cook & Sons Excavating Co., Inc. be officially recorded in the minutes of the City
Council. Upon motion the documents were received, filed and made a Matter of Record.
24. 2017 Asphalt Overlay Access Ramp Project Three Award: City Manager recom-
mending that the award for the 2017 Asphalt Overlay Access Ramp Project Three to
Midwest Concrete, Inc., be officially recorded in the minutes of the City Council. Upon
motion the documents were received, filed and made a Matter of Record.
25. Authorized Depository Institutions: City Manager approval of a resolution that adds
Frost Bank as an authorized depository institution, replacing BBVA Compass as the de-
positor for licensing fees collected by PetData, Inc. Upon motion the documents were
received and filed and Resolution No. 278-17 Naming Depositories was adopted.
RESOLUTION NO. 278-17
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 Maximum Balance
merican Trust & Savings Bank Dubuque, Iowa $60,000,000
Dubuque Bank & Trust Company Dubuque, Iowa $60,000,000
U.S. Bank Minneapolis, Minnesota $40,000,000
Dupaco Community Credit Union Dubuque, Iowa $20,000,000
DuTrac Community Credit Union Dubuque, Iowa $20,000,000
12
Premier Bank Dubuque, Iowa $20,000,000
East Dubuque Savings Bank Dubuque, Iowa $20,000,000
Fidelity Bank & Trust Dyersville, Iowa $40,000,000
Frost Bank San Antonio, Texas $ 100,000
Hometown Bank Fond du Lac, Wisconsin $ 250,000
Passed, approved and adopted this 7th day of August 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
26. Quarterly Investment Report: City Manager transmitting the June 30, 2017 Quar-
terly Investment Report. Upon motion the documents were received and filed.
27. Appointment to Community Development Advisory Commission: Housing Commis-
sion recommending approval to appoint Commissioner Rick Baumhover as the Commis-
sion's representative on the Community Development Advisory Commission. Upon mo-
tion the documents were received, filed and approved.
28. Signed Contracts: Area Residential Care, Inc. for vocational Services; Canadian
Pacific Railroad Amendment to Service Agreement for Bee Branch Creek Railroad Cul-
verts; Four Mounds Foundation for use of City-owned building at 1101 Central Avenue;
Iowa Department of Health Memorandum of Understanding for surveillance of mosquito-
borne diseases in Iowa. Upon motion the documents were received and filed.
29. 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. 279-17 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. 279-17
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:
13
Renewals
Chances R 1046 Central Ave. Class C Liquor (Outdoor)
(Sunday)
Corner Grill 1689 Elm St. Special Class C Liquor (Out-
door)
Courtside Sports Bar & Grill 2095 Holliday Dr. Class C Liquor (Outdoor)
(Sunday)
Dubuque Quick Stop Mart 1401 Central Ave. Class B Beer (Sunday)
Hy-Vee #1 Market Café 3500 Dodge St. Class C Liquor (Sunday)
Murph's Tap 55 Locust St. Class C Liquor (Sunday)
Shannon's Bar and Grill 521 East 22nd St. Class C Liquor (Sunday)
Sid's Beverage Store 2727 Dodge St. Class E Liquor, Class B
Wine, Class C Beer (Sun-
day)
Super Stop III 1101 Rhomberg Ave. Class E Liquor, Class B
Wine, Class C Beer (Sun-
day)
Texas Road House 845 Wacker Dr. Class C Liquor (Catering)
(Outdoor) (Sunday)
Tri-State Independent Blind 3333 Asbury Rd. Special Class C Liquor
Society +
West Dubuque Tap 1701 Asbury Rd. Class C Liquor (Sunday)
Wingstop 2255 J.F. Kennedy Rd. Special Class C Liquor (Sun-
day)
Adding a Privilege
Backpocket Brewing Tap- 333 E. 10th St. Adding Outdoor Services
room
Special Event
Inspire Café 6-month Corner of Jackson Class B Beer
and 8th St.
Passed, approved and adopted this 7th day of August, 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 Del Toro. Motion carried 6-0.
1 . State Revolving Fund (SRF) Loan Notes for Roosevelt Water Tower Planning and
Design Project: City Manager recommending approval of a Resolution fixing the date of
August 21 , 2017, for a public hearing on the proposition of selling not to exceed $475,000
in Water Planning and Design State Revolving Funds (SRF) Loan Notes for the Roosevelt
14
Water Tower Project. Upon motion the documents were received and filed and Resolution
No. 280-17 Fixing date for a meeting on the authorization of a Loan and Disbursement
Agreement and the issuance of not to exceed $475,000 Water Revenue Capital Loan
Notes of the City of Dubuque, Iowa, and providing for publication of notice thereof was
adopted setting a public hearing for a meeting to commence at 6:00 p.m. on August 21 ,
2017 in the Historic Federal Building.
RESOLUTION NO. 280-17
RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A
LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EX-
CEED $475,000 WATER REVENUE CAPITAL LOAN NOTES OF THE CITY OF DUBU-
QUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF
Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa should
provide for the authorization of a Loan and Disbursement Agreement and the issuance of
Water Revenue Capital Loan Notes, in the amount of not to exceed $475,000, as author-
ized by Sections 384.24A and 384.82, Code of Iowa, as amended, for the purpose of
providing funds to pay costs as hereinafter described; and
Whereas, it is proposed that the City fund its costs on an interim basis under Section
76.13 of the Code of Iowa, anticipating in part, the future receipt of the proceeds of the
Issuance of said Water Revenue Capital Loan Notes; and
Whereas, the City has applied for a loan through the Iowa Drinking Water State Re-
volving Fund Program pursuant to which the Iowa Finance Authority has agreed to pur-
chase the City's Notes and has requested that such Notes be issued as a single Note in
a denomination equal to the total amount of the issue as authorized by Chapter 384, Code
of Iowa; and
Whereas, the Loan and Disbursement Agreement and Note shall be payable solely
and only out of the Net Revenues of the Municipal Water System and shall be a first lien
on the future Net Revenues of the Utility; and shall not be general obligations of the City
or payable in any manner by taxation and the City shall be in no manner liable by reason
of the failure of the Net Revenues to be sufficient for the payment of the Loan and Dis-
bursement Agreement and Note; and
Whereas, before a Loan and Disbursement Agreement may be authorized and Water
Revenue Capital Loan Notes issued to evidence the obligation of the City thereunder, it
is necessary to comply with the provisions of the Code of Iowa, as amended, and to pub-
lish a notice of the proposal and of the time and place of the meeting at which the Council
proposes to take action for the authorization of the Loan and Disbursement Agreement
and Notes and to receive oral and/or written objections from any resident or property
owner of the City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE City Council OF THE City of Dubu-
que, IOWA:
Section 1 . That this Council meet in the Historic Federal Building, 350 West 6th Street,
Dubuque, Iowa, City of Dubuque, Iowa, at 6:00 o'clock P.M., on the 21st day of August,
2017, for the purpose of taking action on the matter of the authorization of a Loan and
Disbursement Agreement and the issuance of not to exceed $475,000 Water Revenue
Capital Loan Notes to evidence the obligations of the City thereunder, the proceeds of
15
which will be used to provide funds to pay the costs of acquisition, construction, recon-
struction, extending, remodeling, improving, repairing and equipping all or part of the Mu-
nicipal Water System, including for the Roosevelt Water Tower.
Section 2. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in said City, said
publication to be not less than four clear days nor more than twenty days before the date
of said public meeting on the issuance of the Notes.
Section 3. The notice of the proposed action shall be in substantially the [Provided]
form:
Passed and approved this 7th day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Bee Branch Healthy Homes, Community Development Block Grant-National Disas-
ter Recovery (CDBG-NDR) Housing Projects Bid Set #1 : City Manager recommending
initiation of the public bidding procedure for the Bee Branch Healthy Homes Community
Development Block Grant-National Disaster Recovery Housing Projects Bid Set #1 , and
further recommends that a public hearing be set for August 21 , 2017. Upon motion the
documents were received and filed and Resolution No. 281-17 Preliminary approval of
plans, specifications, form of contract, and estimated cost; setting date of public hearing
on plans, specification, form of contract, and estimated cost; and ordering the advertise-
ment for bids was adopted setting a public hearing for a meeting to commence at 6:00
p.m. on August 21 , 2017 in the Historic Federal Building.
RESOLUTION NO. 281-17
BEE BRANCH HEALTHY HOMES HOUSING PROJECTS
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 individ-
ual Bee Branch Healthy Homes Projects in the estimated amount of:
Address: Proiect# Construction Estimate:
2499 Pinard St. 1X0016 $22,100
2665 White St. 1X0017 $23,600
671 Roberts St. 1X0015 $9,250
2613 Stafford St. 1X0025 $9,600
2108 Washington St. 1X0024 $15,890
575 Kaufmann Ave. 1X0012 $8,225
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 21st day of August, 2017, at 6:00 p.m. in the Historic
Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at
16
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 following property addresses/project numbers:
1X0016- 2499 Pinard St.
1X0017- 2665 White St.
1X0015- 671 Roberts St.
1X0025- 2613 Stafford St.
1X0024- 2108 Washington St.
1X0012- 575 Kaufmann St.
are 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 East Central Intergovernmental Association (ECIA) is hereby directed to advertise
for bids for the construction of the improvements herein provided, by publishing the at-
tached 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 and which notice shall be published not less than thirteen
but not more than forty-five days before the date for filing bids before 1 :30 p.m. on the
28th day of August, 2017. Bids shall be opened and read by the Bee Branch Healthy
Homes inspector and City staff at said time and will be submitted to the City Council for
final action at 6:00 p.m. on the 5th day of September, 2017, in the Historic Federal Building
Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 7th day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following boards and commissions.
1 . Arts and Cultural Affairs Advisory Commission: One, 3-year term through June 30,
2019 (Vacant term of Bratcher). Applicants: Ali Levasseur, 1318 Jackson St.; Amy Ress-
ler, 1505 Fairview PI. Ms. Levasseur spoke in support of her appointment and provided a
brief biography. Kate Larson, 2535 Traut Terrace, read a prepared statement from Ms.
Ressler in support of her appointment and provided a brief biography.
2. Building Code and Advisory Appeals Board: One, 3-year term through August 1 ,
2020 (Expiring term of Swift). Applicant: Thomas Swift, 1875 Admiral St. (Qualifies for
Commercial Contractor).
17
3. Historic Preservation Commission: One, 3-year term through July 1 , 2018 (Vacant
term of Terry). Applicant: Stefanie-Candace Jenaman, 250 West 6th St. (Qualifies for At-
Large).
4. Housing Board of Appeals: One, 3-year term through January 11 , 2018 (Vacant term
of Schaub). Applicant: Christoffer Lammer-Heindel, 1145 Mt Pleasant St. Mr. Lammer-
Heindel spoke in support of his appointment and provided a brief biography.
Appointments were made to the following boards/commissions.
5. Community Development Advisory Commission: One, 3-year term through February
15, 2020 (Vacant term of Blok). Applicant: Nicole Borovic, 3163 Hillcrest Rd. (Qualifies as
Low- to Moderate-Income Representative). Motion by Connors to appoint Mr. Borovic to
the remainder of a 3-year term through February 15, 2020. Seconded by Lynch. Motion
carried 6-0.
6. Housing Commission: One, 3-year term through August 17, 2018 (Vacant term of
Kedley). Applicant: Shane Hoeper, 252 N. Grandview Ave. Motion by Jones to appoint
Mr. Hoeper to the remainder of a 3-year term through August 17, 2018. Seconded by
Lynch. Motion carried 6-0.
7. Library Board of Trustees: One, 4-year term through July 1 , 2021 (Expiring term of
Willis). Additional Vacancies since July 17, 2017 Meeting: One, 4-year term through July
1 , 2018 (Vacant term of Trotter); One, 4-year term through July 1 , 2019 (Vacant term of
Weiss). Applicants: Greg Gorton, 1295 Prairie St.; Rosemary Kramer, 2554 Rosewood
Dr.; Pam Mullin, 2050 Mullen Rd.; Ann Pelelo, 2125 Simpson St. Upon Council concur-
rence, Mayor Buol appointed Mr. Gorton to a 4-year term through 2021 , Ms. Kramer to
the remainder of a 4-year term through 2018, and Ms. Pelelo to the remainder of a 4-year
term through 2019.
PUBLIC HEARINGS
1 . Derby Grange Road Housing Urban Renewal Area Plan Amendment No. 1 : Proof
of publication on notice of public hearing to consider approval of Amendment No. 1 to the
Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area that adds
additional land to the Area and confirms the list of proposed projects to be undertaken in
the Area, and the City Manager recommending approval. Motion by Lynch to receive and
file the documents and adopt Resolution No. 282-17 Approving Amendment No. 1 to the
Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area. Se-
conded by Connors. Motion carried 6-0.
18
RESOLUTION NO. 282-17
APPROVING AMENDMENT NO. 1 TO THE URBAN RENEWAL PLAN FOR THE
DERBY GRANGE ROAD HOUSING URBAN RENEWAL AREA
Whereas, by Resolution No. 133-17 adopted April 3, 2017, and Resolution No. 133-
17-A adopted April 17, 2017, the City Council of the City of Dubuque found and deter-
mined that certain areas located within the City are eligible and should be designated as
an urban renewal area under Iowa law, and approved and adopted the Urban Renewal
Plan (the "Urban Renewal Plan" or "Plan") for the Derby Grange Road Housing Urban
Renewal Area (the "Urban Renewal Area" or "Area") described therein; and
Whereas, by Resolution 248-17 approved on July 5, 2017, the City Council of the City
of Dubuque, Iowa authorized the preparation of Amendment No. 1 to the Urban Renewal
Plan (the "Amendment No. 1") for the Area; and
Whereas, the City of Dubuque's primary objective for Amendment No. 1 is to add ad-
ditional land to the Area and confirm the list of proposed projects to be undertaken within
the Area; and
Whereas, a consultation process has been undertaken with affected taxing entities in
accordance with Chapter 403 of the Code of Iowa with no written objections or recom-
mended changes to Amendment No. 1 received; and
Whereas, City code requires the City Council to submit the proposed Amendment No.
1 to the City's Long Range Planning Commission for review and recommendation as to
its conformity with the general plan for development of the City as a whole, prior to City
Council approval thereof; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has
held a public hearing on the proposed Amendment No. 1 .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That Amendment No. 1 is hereby approved; although relocation is not ex-
pected, that a feasible method exists for the location of any families who will be displaced
from the Area into decent, safe and sanitary dwelling accommodations within their means
and without undue hardship to such families; and that Amendment No. 1 conforms to the
general plan of the City as a whole.
Section 2. That the Area is an economic development area within the meaning of Iowa
Code Chapter 403; that such area is eligible for designation as an urban renewal area
and otherwise meets all requisites under the provisions of Chapter 403 of the Code of
Iowa; and that the rehabilitation, conservation, redevelopment, development, or a combi-
nation thereof, of such area is necessary in the interest of the public health, safety or
welfare of the residents of this City.
Section 3. That, notwithstanding any resolution, ordinance, plan, amendment or any
other document, this Amendment No. 1 shall be in full force and effect from the date of
this Resolution until the Council amends or repeals this Amendment No. 1 .
Section 4. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and
directed to file a certified copy of this Resolution and Amendment No. 1 in the office of
the Dubuque County Auditor.
Passed, approved and adopted this 7th day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19
PUBLIC INPUT
Rebecca Nolan, 702 Fenelon Place, addressed the City Council about her concerns
with being a vendor at the Farmer's Market and receiving conflicting information from
Dubuque Main Street that she believes is removing her from selling at the Farmer's Mar-
ket due to her needs for clean up time. Ms. Nolan provided a handout. City Manager Van
Milligen advised the City Council that the City contracts with Dubuque Main Street to
manage and regulate the Farmer's Market.
ACTION ITEMS
1 . Smarter Travel Post-Project Update: East Central Intergovernmental Agency (ECIA)
Director Kelley Deutmeyer and Transportation Director Chandra Ravada presented a
post-project update on the Smarter Travel Project. Topic included: project overview of
Smart Travel 2012 and Smarter Travel 2015-2017; project goal related to Jule Transit;
volunteer requirements; project outcomes; meaningful/purposeful locations; optimized
bus routes; total project costs, post process; accolades; and next steps/STREETS pro-
ject. Ms. Deutmeyer presented the City Council and Jule Transit with the 2017 Excellence
in Regional Transportation Award for its support and participation in the project. Motion
by Connors to receive and file the documents and information. Seconded by Lynch. Mo-
tion carried 6-0.
2. Arts and Cultural Affairs Advisory Commission Funding Recommendations for Fiscal
Year 2018 Operating Support and Special Projects: Arts and Cultural Advisory Affairs
Advisory Commission recommending approval of the Fiscal Year 2018 funding requests
for operating support and special projects. Motion by Jones to receive and file the docu-
ments and approve the recommendation. Seconded by Connors. Motion carried 6-0.
3. Dubuque Airport Rental Car Parking Lot Project Award: City Manager recommend-
ing award of the Dubuque Airport Rental Car Parking Lot Project construction contract to
the low bidder McClain Excavating. Motion by Lynch to receive and file the documents
and adopt Resolution No. 283-17 Awarding public improvement contract for the Dubuque
Airport Rental Car Parking Lot Project 2017. Seconded by Connors. Motion carried 6-0.
RESOLUTION NO. 283-17
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE DUBUQUE AIRPORT
RENTAL CAR PARKING LOT PROJECT 2017
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Whereas, sealed proposals have been submitted by contractors for the Dubuque Air-
port Rental Car Parking Lot Project 2017, (the Project) pursuant to Resolution No. 245-
17 and Notice to Bidders published in a newspaper published in the City of Dubuque,
Iowa on the 7th day of July 2017.
20
Whereas, said sealed proposals were opened and read on the 27th day of July 2017
and it has been determined that McClain Excavating of Peosta, Iowa, with a base + alter-
nate bid in the amount of$210,566.88 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 McClain Ex-
cavating and the City Manager is hereby directed to execute a Public Improvement Con-
tract on behalf of the City of Dubuque for the Project.
Passed, adopted and approved this 7th day of August 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Grandview Avenue and Loras Boulevard Traffic Signal Reconstruction Project
Award: City Manager recommending award of the Grandview Avenue and Loras Boule-
vard Traffic Signal Reconstruction Project construction contract to the low bidder Portzen
Construction. Motion by Connors to receive and file the documents and adopt Resolution
No. 284-17 Awarding public improvement contract for the Grandview Avenue and Loras
Boulevard Intersection Improvement Project. Seconded by Jones. Motion carried 6-0.
RESOLUTION NO. 284-17
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE GRANDVIEW AVENUE
& LORAS BOULEVARD INTERSECTION IMPROVEMENT PROJECT
Whereas, sealed proposals have been submitted by contractors for the Grandview Av-
enue & Loras Boulevard Intersection Improvement Project, (the Project) pursuant to Res-
olution No. 263-17 and Notice to Bidders published in a newspaper published in the City
of Dubuque, Iowa on the 23rd day of June, 2017.
Whereas, said sealed proposals were opened and read on the 20th day of July,2017
and it has been determined that Portzen Construction of Dubuque, Iowa, with a bid in the
amount of$328,276.28 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 Portzen Con-
struction and the City Manager is hereby directed to execute a Public Improvement Con-
tract on behalf of the City of Dubuque for the Project.
Passed, adopted and approved this 7th day of August,2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Phase 117th Street Storm Sewer Improvement Project Award: City Manager recom-
mending award of the Phase I 17th Street Storm Sewer Improvement Project construction
contract to the low bidder Portzen Construction, Inc. Motion by Connors to receive and
file the documents and adopt Resolution No. 285-17 Awarding public improvement con-
tract for Phase 1 17th Street Storm Sewer Improvements Project. Seconded by Lynch.
Motion carried 6-0.
21
RESOLUTION NO. 285-17
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR PHASE I 17TH STREET
STORM SEWER IMPROVEMENTS PROJECT
Whereas, sealed proposals have been submitted by contractors for the Phase 117th
Street Storm Sewer Improvements Project (the Project) pursuant to Resolution No. 246-
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 July 2017.
Whereas, said sealed proposals were opened and read on the 27th day of July 2017
and it has been determined that Portzen Construction, Inc. of Dubuque, IA, with a bid in
the amount of$1 ,176,885.00, 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 Portzen Con-
struction, Inc., and the City Manager is hereby directed to execute a Public Improvement
Contract on behalf of the City of Dubuque for the Project, following said registration and
approval.
Passed, approved and adopted this 7th day of August 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Naming Recognition Request - Kids in Dubuque Skate (K.I.D.S.): City Manager rec-
ommending approval of the naming recognition request submitted by Dubuque Skate for
the skatepark project. Motion by Del Toro to receive and file the documents and approve
the recommendation. Seconded by Jones. Council Member Connors thanked the skate
groups and the park and Recreation Commission for their commitment to the project.
Motion carried 6-0.
7. City Manager Authority to Execute Contracts and Leases: City Manager recom-
mending approval of a resolution that would increase the City Manager's authority to ex-
ecute public improvement contracts to limits provided in Iowa Law and change the report-
ing requirement to City Council for such contracts, purchases, leases and insurance con-
tract renewals to the to any regular meeting of the City Council. Motion by Connors to
receive and file the documents and adopt Resolution No. 286-17 Authorizing the City
Manager to execute contracts and leases on behalf of the City of Dubuque. Seconded by
Del Toro. Motion carried 6-0.
RESOLUTION NO. 286-17
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND LEASES ON
BEHALF OF THE CITY OF DUBUQUE
Whereas, the City Council adopted Resolution No. 307-07 Authorizing the City Man-
ager to Execute Contracts and Leases on Behalf of the City of Dubuque; and
Whereas, City Council now desires to rescind Resolution No. 307-07.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . Resolution No. 307-07 is rescinded.
22
Section 2. The City Manager shall have the authority to award and execute contracts,
to authorize work to proceed under contracts, and to approve the contractor's perfor-
mance and payment bonds and to make purchases on behalf of the City as follows:
a. Public improvement contracts up to the Iowa Code Chapter 26 threshold for com-
petitive bidding;
b. All purchases of equipment, materials, and supplies;
c. Contracts for services for $500,000 or less;
d. Leases fora term of three (3) years or less;
e. Insurance contract renewals.
The City Manager shall submit a report to the City Council of all such contracts or
purchases less than the Iowa Code Chapter 26 threshold for competitive bidding, and
leases and insurance contract renewals at any regular city council meeting.
Section 3. The City Manager may delegate the authority granted herein provided such
delegation is in writing.
Passed, approved and adopted this 7th day of August, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Code of Ordinances Amendment - Title 7 Animal Control - Exceptions to Keeping
and Licensing Restrictions: City Manager recommending approval of two amendments to
correct and update references to city and state code sections in the City's animal control
ordinance. 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 meet-
ings prior to the meeting at which it is to be passed be suspended. Seconded by Se-
conded by Lynch. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 37-17 Amending
City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 6
Animal Control, Article D Dangerous Animals, Section 7-6D-4 Exceptions to Keeping and
Licensing Restrictions. Seconded by Lynch. Motion carried 6-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 37-17
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 7 POLICE, FIRE
AND PUBLIC SAFETY, CHAPTER 6 ANIMAL CONTROL, ARTICLE D DANGEROUS
ANIMALS, SECTION 7-6D-4 EXCEPTIONS TO KEEPING AND LICENSING RE-
STRICTIONS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 7-6D-4 of the City of Dubuque Code of Ordinances is amended to
read as follows:
7-6D-4: EXCEPTIONS TO KEEPING AND LICENSING RESTRICTIONS:
The prohibition contained in section 7-6D-3 of this article and the provisions of section
7-6D-5 of this article shall not apply to the keeping of dangerous animals in the following
circumstances:
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A. The keeping of dangerous animals in a public zoo, bona fide educational or
medical institution, humane society, or museum where they are kept as live speci-
mens for the public to view, or for the purpose of instruction, research or study.
B. The keeping of dangerous animals for exhibition to the public by a bona fide
traveling circus, carnival, exhibit or show licensed to perform in the city.
C. The keeping of dangerous animals in a bona fide, licensed veterinary hospital
for treatment.
D. The keeping of dangerous animals by a wildlife rescue organization, with ap-
propriate permit from the Iowa conservation commission or the Iowa department of
natural resources.
E. Any dangerous animals under the jurisdiction of and in the possession of the
Iowa conservation commission, pursuant to chapter 717F of the Iowa Code.
F. A bona fide commercial pet shop licensed and inspected by the Iowa depart-
ment of agriculture. Any such pet shop shall post in a conspicuous place, the following
notice:
NOTICE
Section 7-6D-3 of the City of Dubuque Code of Ordinances prohibits the keeping, shel-
tering or harboring for any purpose within the City of Dubuque, any dangerous animal, as
defined in Section 7-6D-1 . Dangerous animal includes, but is not limited to, the following:
1 . Lions, tigers, jaguars, leopards, cougars, lynx and bobcats;
2. Wolves, coyotes and foxes;
3. Badgers, wolverines, weasels, skunks and mink;
4. Raccoons;
5. Bears;
6. All apes, baboons, macaques, monkeys and chimpanzees;
7. Alligators and crocodiles;
8. Scorpions;
9. Snakes that are:
a. Any member of the family atractaspidae, including but not limited to mole vipers
and burrowing asps.
b. Any member of the family elapidae, voperidae, crotalidae, atractaspidae, or
hydrophidae which are venomous, including but not limited to cobras, mambas,
coral snakes, kraits, adders, vipers, rattlesnakes, copperheads, pit vipers, keel-
backs, cottonmouths, and sea snakes.
c. Any member of the superfamily henophidia, which are limited to reticulated
pythons, anacondas, and African rock pythons.
10. Reptiles that are venomous;
11 . Gila monsters;
12. Opossums; and
13. Any crossbreed of such animals which have similar characteristics of the ani-
mals specified above.
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Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 7th day of August, 2017.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 11th day of August, 2017.
/s/Kevin S. Firnstahl, City Clerk
9. Code of Ordinances Amendment - Title 1 Mayor and City Council Salary Compen-
sation: City Clerk submitting an amendment to the City of Dubuque Code of Ordinances
Title 1 adjusting City Council Member salaries effective January 1 , 2018 as recommended
by the Compensation Task Force and approved by City Council on July 17, 2017. Motion
by Connors to receive and file the documents and that the requirement that a proposed
ordinance be considered and voted on for passage at two Council meetings prior to the
meeting at which it is to be passed be suspended. Seconded by Lynch. Motion failed 4-2
with Rios and Del Toro voting nay.
Motion by Connors to consider the first reading of a proposed ordinance amending City
of Dubuque Code of Ordinances Title 1 Administration, Chapter 6 Mayor and City Council,
Section 1-6-2 Compensation. Seconded by Jones. Motion carried 4-2 with Rios and Del
Toro voting nay.
There being no further business, upon motion the City Council adjourned at 6:48 p.m.
The City Council then conducted a non-public meeting regarding collective bargaining
and employment conditions pursuant to Chapter 20.17(3) and Chapter 21 .9 of the Code
of Iowa.
/s/Kevin S. Firnstahl, CMC, City Clerk
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