11 20 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 November 20, 2017
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors, Del Toro, Lynch, Resnick, Rios; City
Manager Van Milligen, City Attorney Brumwell
Absent: Council Member Jones
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.
PROCLAMATION(S)
1 . Small Business Saturday (November 25, 2017) was accepted by Paige Murphy,
Membership Concierge Manager for the Dubuque Area Chamber of Commerce.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Kate West requested #21 be held for separate
discussion. Motion carried 6-0.
1 . Minutes and Reports Submitted: Cable TV Commission of 11/1 ; City Council Pro-
ceedings of 11/6, 11/13; Human Rights Commission of 10/9; Investment Oversight Advi-
sory Commission of 10/25; Library Board of Trustees of 9/27, and Council Update #164
of 10/19; Resilient Community Advisory Commission of 7/6, 7/25, 8/3, 9/7, 10/5; Zoning
Advisory Commission of 11/1/17. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Angela Mangeno for vehicle damage and Frank Vans
Evers for vehicle damage. Upon motion the documents were received, filed, and referred
to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Angela Mangeno for vehicle damage and Frank Vans Evers for vehicle
damage. Upon motion the documents were received, filed, and concurred.
4. Quarterly Investment Report for September 30, 2017: City Manager transmitting the
September 30, 2017 Quarterly Investment Report. Upon motion the documents were re-
ceived and filed.
1
5. Fiscal Year 2017 State of Iowa Annual Financial Report: City Manager recommend-
ing approval of the official document for the City of Dubuque's Fiscal Year 2017 Annual
Financial Report. Upon motion the documents were received, filed and approved.
6. Fiscal Year 2017 Iowa Urban Renewal Annual Report: City Manager recommending
adoption of a resolution approving the Fiscal Year 2017 Iowa Urban Renewal Annual
Report for the City of Dubuque. Upon motion the documents were received and filed and
Resolution No. 364-17 Approving the Fiscal Year 2017 Urban Renewal Report for the
City of Dubuque was adopted.
RESOLUTION NO. 364-17
APPROVING THE FISCAL YEAR 2017 URBAN RENEWAL REPORT FOR THE CITY
OF DUBUQUE
Whereas, the Iowa Legislature approved HF 2460 in the 2012 Legislative Session,
amending the current law pertaining to urban renewal districts; and
Whereas, HF 2460, otherwise known as the Urban Renewal Reporting Act of 2012,
aims to increase transparency in the utilization of tax increment financing; and
Whereas, HF 2460 requires an annual urban renewal report be approved by the ma-
jority of a local governing body that had an active urban renewal plan anytime during the
most recently ended fiscal year; and
Whereas, City staff have fulfilled the requirements outlined in the Act through a web-
based reporting tool hosted by the Iowa Department of Management.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the Fiscal Year 2017 Urban Renewal Report for the City of Dubuque,
be approved.
Section 2. That the Budget Director of the City of Dubuque, Iowa is hereby authorized
and directed to submit the Report, with a record of this approval, to the Iowa Department
of Management.
Passed, approved and adopted this 20th day of November, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
7. Dubuque's Path Forward to Improved Air Quality 2017: City Manager recommending
approval of the updated Path Forward to Improved Air Quality 2017 to be submitted to
the Environmental Protection Agency PM Advance Program. Upon motion the documents
were received, filed and approved.
8. Four Mounds Public Information Brochure: City Manager transmitting the Four
Mounds 30th Anniversary public information brochure. Upon motion the document was
received and filed.
2
9. Sustainable Dubuque Community Grant Approval: City Manager recommending ap-
proval of the Resilient Community Advisory Commission recommendations for funding
eight projects from the Sustainable Dubuque Community Grant Program. Upon motion
the documents were received, filed and approved.
10. Public, Educational, and Government (PEG) Capital Grant Expenditure Request:
City Manager recommending approval of the Cable TV Commission's request for funding
from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment
and Facilities for the Dubuque Community School District and Loras College to purchase
equipment. Upon motion the documents were received, filed and approved.
11 . REAP Grant Agreement for Eagle Point Park Environmental Restoration: City Man-
ager recommending approval of a resolution and the FY 2018 REAP Grant Agreement
for Phase 2 of the Eagle Point Park Environmental Restoration Project. Upon motion the
documents were received and filed and Resolution No. 365-17 Authorizing REAP Grant
Agreement with Iowa Department of Natural Resources for Phase 2 of Eagle Point Park
Environmental Restoration Management Plan was adopted.
RESOLUTION NO. 365-17
AUTHORIZING REAP GRANT AGREEMENT WITH IOWA DEPARTMENT OF NATU-
RAL RESOURCES FOR PHASE 2 OF EAGLE POINT PARK ENVIRONMENTAL RES-
TORATION MANAGEMENT PLAN
Whereas, the Iowa Department of Natural Resources has allocated REAP (Resource
Enhancement and Protection) grant funds to help establish natural areas, encourage out-
door recreation, and enhance and protect Eagle Point Park's natural and cultural re-
sources; and
Whereas, the City of Dubuque's 2017 Comprehensive Plan includes recommendations
to conserve natural areas, preserve key environmental features and provide recreational
opportunities for all in park and open space areas.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The Mayor hereby is authorized to sign the FY 2018 REAP Grant agreement
with the Iowa Department of Natural Resources for Phase 2 of the Eagle Point Park En-
vironmental Restoration Management Plan on behalf of the City of Dubuque.
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 20th day of November, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Dubuque Metropolitan Area Transit Study (DMATS) Transportation Alternatives
Program (TAP) Grant Application for Bee Branch Creek Trail: City Manager recommend-
ing approval of a resolution authorizing submittal of the DMATS TAP Grant application
3
for the Bee Branch Creek Trail — Phase 1 Project. Upon motion the documents were
received and filed and Resolution No. 366-17 Authorizing DMATS TAP Grant application
for Bee Branch Creek Trail Phase I was adopted.
RESOLUTION NO. 366-17
AUTHORIZING DMATS TAP GRANT APPLICATION FOR BEE BRANCH CREEK
TRAIL — PHASE 1
Whereas, the Dubuque Metropolitan Area Transportation Study (DMATS) is seeking
applications for the Transportation Alternatives Program (TAP) grant funds; and
Whereas, the Iowa Department of Transportation Study (IDOT) administers DMATS
Transportation Enhancement Program grant funds as part of the federal pass-through
funding in the IDOT Transportation Alternatives Program; and
Whereas, the City of Dubuque has allocated local Sales Tax Increment funds in the
Bee Branch Watershed Flood Mitigation Project to match the requested TAP grant funds
for construction of the Bee Branch Creek Trail — Phase 1 project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The Mayor is hereby authorized to sign the TAP grant application for con-
struction of the Bee Branch Creek Trail — Phase 1 project.
Section 2. That the City Council hereby provides its written assurance that the local
match funds required for the project will be provided and that the completed project will
be adequately maintained for its intended use for a minimum of 20 years in accordance
with grant requirements.
Passed, approved and adopted this 20th day of November, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Notice of Intent to Request Release of Funds for Fiscal Year 2018 CDBG Funded
Programs: City Manager requesting the Mayor's signature as Certifying Officer on the
Environmental Review Determination and Request for Release of Funds and Certification
form for the Fiscal Year 2018 Community Development Block Grant (CDBG) funded pro-
grams. Upon motion the documents were received, filed and approved.
14. U.S. EPA Brownfields Cleanup Cooperative Grant Agreement for 411 E. 15th Street
Site: City Manager recommending adoption of a resolution approving the terms of the
Cooperative Agreement with the U.S. Environmental Protection Agency for the City to
receive Brownfields Cleanup Grant funding for the cleanup of the Blum Brownfields site
as part of the Bee Branch Watershed Flood Mitigation Project. Upon motion the docu-
ments were received and filed and Resolution No. 367-17 Approving the Brownfields
Cleanup Cooperative Grant Agreement between the U.S. Environmental Protection
Agency and the City of Dubuque, Iowa for the cleanup of the former Blum Scrap Yard
and Recycling Facility at 411 E. 15th Street for the Bee Branch Watershed Flood Mitigation
Project was adopted.
4
RESOLUTION NO. 367-17
APPROVING THE BROWNFIELDS CLEANUP COOPERATIVE GRANT AGREEMENT
BETWEEN THE U. S. ENVIRONMENTAL PROTECTION AGENCY AND THE CITY OF
DUBUQUE, IOWA FOR THE CLEANUP OF THE FORMER BLUM SCRAP YARD AND
RECYCLING FACILITY AT 411 E. 15TH STREET FOR THE BEE BRANCH WATER-
SHED FLOOD MITIGATION PROJECT
Whereas, the City purchased the Blum Brownfields site, a former scrap yard and recy-
cling facility located at 411 E. 15th Street as part of the Bee Branch Watershed Flood
Mitigation Project; and
Whereas, Phase I and Phase II Environmental Assessments of the Blum Brownfields
site identified lead, arsenic, PAHs, and other contaminants in the soil and throughout the
buildings such that the remediation or removal of the contaminants is required to fully
utilize the site for its intended purpose; and
Whereas, cleaning up and reinvesting in brownfields, properties that may have haz-
ardous substances, pollutants or contaminants present, protects human health and the
environment, reduces blight, and takes development pressures off greenspaces and
working lands; and
Whereas, the U. S. Environmental Protection Agency provides grants and technical
assistance to communities, states, tribes and others to assess, safely clean up and sus-
tainably reuse brownfields properties; and
Whereas, the City of Dubuque submitted an application to the U. S. Environmental
Protection Agency requesting $200,000 in Brownfields Cleanup Grant Program assis-
tance to help finance the cleanup of the Blum Brownfields site; and
Whereas, on September 7, 2017, the U. S. Environmental Protection Agency awarded
$200,000 to assist the City with the cleanup of the Blum Brownfields site; and
Whereas, the City Council has determined that execution of the Cooperative Agree-
ment is in the best interests of the City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1 . The Cooperative Agreement with the U. S. Environmental Protection
Agency is hereby approved.
Section 2. The City Manager is hereby authorized to execute any documents as are
necessary to bind the City and to deliver the Cooperative Agreement and any other such
documents as the U. S. Environmental Protection Agency may reasonably request and
as necessary for the City's receipt of Brownfields Cleanup grant funding for the Blum
Brownfields site at 411 E. 15th Street.
Passed, approved and adopted this 20th day of November, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Plat of Survey - Cedar Ridge Farm Place No. 15: Zoning Advisory Commission
recommending approval of the Plat of Survey for Lot L and Lot M Cedar Ridge Farm Place
No. 15 as requested by Craig Geiser, IIW P.C. / Julian Nemmers. Upon motion the doc-
uments were received and filed and Resolution No. 368-17 Approving the Plat of Survey
Lot L and Lot M Cedar Ridge Farm Place No. 15 in City of Dubuque, Iowa was adopted.
5
RESOLUTION NO. 368-17
APPROVING THE PLAT OF SURVEY LOT L AND LOT M CEDAR RIDGE FARM
PLACE NO. 15 IN CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey Lot L and Lot M
Cedar Ridge Farm Place No. 15 in the city of Dubuque, Iowa; and
Whereas, said Plat of Survey provides 0 feet of frontage for Lot L and Lot M on a public
or approved private street, where street frontage is required by Section 11 -14 of Title 16
of the City of Dubuque Code of Ordinances, Unified Development Code; and
Whereas, said Plat of Survey has been examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said Plat of Survey has been examined by the City Council and they find that
it conforms to the statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, is waived to allow 0 feet of frontage on a public street or an
approved private street for Lot L and Lot M.
Section 2. That the Plat of Survey Lot L and Lot M Cedar Ridge Farm Place No. 15 is
hereby approved and the Mayor and City Clerk are hereby authorized and directed to
endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey.
Passed, approved and adopted this 20th day of November, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Grant of Easement Sanitary Sewer Utility for Marlene L. Brimeyer Property: City
Manager recommending acceptance of the Grant of Easement for Sanitary Sewer Utility
from Marlene L. Brimeyer through the adoption of a resolution as part of the Derby Grange
Sanitary Sewer Extension project. Upon motion the documents were received and filed
and Resolution No. 369-17 Accepting a Grant of Easement for Sanitary Sewer Utility
through, over and across part of Lot 1 of the Southwest Quarter of the Southwest Quarter
of Section 9, Township 89 North, Range 2 East of the 5th P.M., in the County of Dubuque,
Iowa was adopted.
RESOLUTION NO. 369-17
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER UTILITY THROUGH,
OVER AND ACROSS PART OF LOT 1 OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 9, TOWNSHIP 89 NORTH, RANGE 2 EAST
OF THE 5TH P.M., IN THE COUNTY OF DUBUQUE, IOWA
Whereas, Marlene L. Brimeyer has executed a Grant of Easement for Sanitary Sewer
Utility through, over and across part of Part of Lot 1 of the Southwest Quarter of the
Southwest Quarter of Section 9, Township 89 North, Range 2 East of the 5th P.M., in the
County of Dubuque, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for Sanitary Sewer Utility through, over and Part
6
of Lot 1 of the Southwest Quarter of the Southwest Quarter of Section 9, Township 89
North, Range 2 East of the 5th P.M., in the County of Dubuque, Iowa as shown on the
attached Grant of Easement for Sanitary Sewer Utility and Exhibit A, from Marlene L.
Brimeyer, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. The City Clerk is hereby authorized to and directed to record this resolution
and Grant of Easement for Sanitary Sewer Utility with the Dubuque County Recorder.
Passed, approved and adopted this 20th day of November, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
17. Renewal Rate for the Voluntary Dental Plan: City Manager recommending approval
of the renewal rates for the Volunteer Dental Plan with Delta Dental beginning January 1 ,
2018 through December 31 , 2018 and authorization for the City Manager to sign the Fi-
nancial Exhibit. Upon motion the documents were received, filed and approved.
18. Total Administrative Services Corporation (TASC) Administrative Services Fee for
the Flexible Spending Plan: City Manager recommending approval of the renewal rates
from Total Administrative Services Corporation (TASC) for the City of Dubuque's flexible
spending plan administrator for the period January 1 , 2018 through December 31 , 2018.
Upon motion the documents were received, filed and approved.
19. Alternative Services Concepts (ASC) Worker's Compensation Claims Administra-
tive Services Agreement: City Manager recommending approval of an Agreement with
Alternative Services Concepts for services related to the administration of the City's
Worker's Compensation Program effective October 1 , 2017. Upon motion the documents
were received, filed and approved.
20. Workers' Compensation Settlement Agreements - Luke Duve: City Attorney rec-
ommending approval of two Compromise Settlement Agreements regarding Workers'
Compensation claims filed against the City of Dubuque by Public Works Employee Luke
Duve. Upon motion the documents were received, filed and approved.
21 . Jessica West Claim Denial Appeal: Senior Counsel recommending denial of an
appeal of a claim against the City filed by Jessica West for vehicle damage as determined
by Public Entity Risk Services' (PERS), the claim agency for the Iowa Community Assur-
ance Pool (ICAP). Motion by Lynch to receive and file the document and concur. Se-
conded by Resnick. Kate and Jessica West, spoke in support of approval of their appeal
for vehicle damage resulting from a tree in Eagle Point Park falling on Jessica West's car.
City Attorney Crenna Brumwell responded to questions from the City Council regarding
Iowa case law as it relates to liability on the part of the City, citing absence of constructive
notice of a defective tree. Motion carried 4-2 with Rios and Del Toro voting nay.
7
22. Skate Park Engineering, Design and Construction Management Services Consult-
ant Selection: City Manager recommending approval for the selection of Pillar Design
Studios and to negotiate a contract for the Skate Park Engineering, Design and Construc-
tion Management Services. Upon motion the documents were received, filed and ap-
proved.
23. KIDS in Dubuque Skate Sponsorship Opportunities: City Manager transmitting the
sponsorship opportunities brochure and commitment form being distributed by KIDS in
Dubuque Skate. Upon motion the documents were received and filed.
24. Hwy 20 Corridor Landscape Assessment and Plan Consultant Selection: City Man-
ager recommending approval to negotiate a contract with RDG Planning and Design for
the Hwy 20 Corridor Landscape Assessment and Plan. Upon motion the documents were
received, filed and approved.
25. Design Mill, Inc. Contract Amendment with the Iowa Economic Development Au-
thority (IEDA): City Manager recommending approval of a resolution authorizing a second
amendment to a contract with the Iowa Economic Development Authority for Iowa Values
Funds Financial Assistance benefits on behalf of Design Mill, Inc. Upon motion the doc-
uments were received and filed and Resolution No. 370-17 Approving a Second Amend-
ment to the Economic Development Final Assistance Contract by and among Design Mill,
Inc., the City of Dubuque, and the Iowa Economic Development Authority was adopted.
RESOLUTION NO. 370-17
APPROVING A SECOND AMENDMENT TO THE ECONOMIC DEVELOPMENT FI-
NANCIAL ASSISTANCE CONTRACT BY AND AMONG DESIGN MILL, INC., THE
CITY OF DUBUQUE, AND THE IOWA ECONOMIC DEVELOPMENT AUTHORITY
Whereas, Design Mill, Inc. (DMI) and the City of Dubuque (City) entered into an Eco-
nomic Development Financial Assistance Contract (the Contract) with the Iowa Economic
Development Authority (IEDA) for the expansion of Design Mill, Inc.'s (DMI) operations in
Dubuque, Iowa; and
Whereas, DMI had requested an extension of the Project Completion Date in the Con-
tract from June 30, 2016 to June 30, 2017 in a First Amendment; and
Whereas, DMI has requested a second extension of the Project Completion Date in
the Contract from June 30, 2017 to June 30, 2018 and an adjustment of the maintenance
Period Completion Date from June 30, 2019 to June 30, 2020; and
Whereas, the IEDA Board approved an extension of the Project Completion Date to
June 30, 2018 and the maintenance Period Completion Date from June 30, 2019 to June
30, 2020; and
Whereas, the parties now desire to amend the Contract as set forth in the attached
Contract Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The Contract Amendment is hereby approved.
8
Section 2. The Mayor is hereby authorized and directed to execute and the City Man-
ager is hereby directed to submit the Contract Amendment to the Iowa Economic Devel-
opment Authority together with such other documents as may be required.
Passed, approved, and adopted this 20th day of November, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
26. Acceptance of SRF Green Alley Project Bid Set 4 - Year 3: City Manager recom-
mending approval of resolutions accepting the improvements, approving the Final Sched-
ule of Assessments, establishing the final contract amount for the payment of the contract
amount to Portzen Construction for the SRF Green Alley — Bid Set 4 -Year 3 Project.
Upon motion the documents were received and filed and Resolution No. 371-17 Accept-
ing the SRF Green Alley Project Bid Set 4 - Year 3 and authorizing the payment of the
contract amount to the contractor; and Resolution No. 371-17A Adopting the Final As-
sessment Schedule for the SRF Green Alley Project Bid Set 4 - Year 3 were adopted.
RESOLUTION NO. 371-17
ACCEPTING THE SRF GREEN ALLEY PROJECT -BID SET 4 YEAR 3 AND AUTHOR-
IZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the SRF Green Alley Project - Bid Set
4 Year 3 (the Project) has been completed and the City Engineer has examined 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 Pro-
ject 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
SRF Green Alley Project fund for the contract amount of$402,089.01 less any retained
percentage provided for therein as provided in Iowa Code chapter 573, and to pay such
retainage only in accordance with the provisions of Iowa Code chapter 573.
Passed, approved and adopted this 20th day of November, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE SRF GREEN AL-
LEY PROJECT - BID SET 4 YEAR 3
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the SRF Green Alley Project - Bid Set 4 Year 3, that the Project has been
performed in compliance with the terms of the Public Improvement Contract, and that the
total cost of the completed work is $496,302.36.
Dated this 20th day of November, 2017.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 20th day of November, 2017.
Kevin S. Firnstahl, City Clerk
9
RESOLUTION NO. 371-17A
ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE SRF GREEN ALLEY
PROJECT - BID SET 4 YEAR 3
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
After full consideration, the Final Schedule of Assessments as shown on the attached
sheet(s), Page 1 to Page 1 inclusive is hereby approved for the SRF Green Alley Project
- Bid Set 4 Year 3.
There is hereby assessed and levied as a special tax against and upon each of the
benefited properties, the respective sums indicated. The amounts shown in said Final
Schedule of Assessments as deficiencies are found to be proper and levied conditionally
against the respective properties benefited by the improvements as shown in the Final
Schedule of Assessments, subject to the provisions of Iowa Code § 384.63. Said assess-
ments against said lots are hereby declared to be in proportion to the special benefits
conferred and not in excess of twenty-five percent of the value of same.
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.
The assessments may be paid in full or in part without interest at the office of the 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 of$500.00 or more are payable in 15 annual installments at the County Treas-
urer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and will
draw annual interest at three percent (3%) computed to December 1 next following the
due dates of the respective installments as provided in Section 384.65 of the Code of
Iowa. Each installment will be delinquent from October 1 following its due date on July 1
of each year. However, when the last day of September is a Saturday or Sunday, that
amount shall be delinquent from the second business day of October. Delinquent install-
ments will draw the same delinquent interest as ordinary taxes. Property owners may
elect to pay any annual installments semi-annually in advance.
Passed, approved and adopted this 20th day of November, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY OF DUBUQUE, IOWA
ALLEY BETWEEN E. 22ND ST. TO E. 24TH ST. FROM JACKSON ST. TO WASHING-
TON ST.
FINAL SCHEDULE OF VALUATION AND PROPOSED ASSESSMENTS
DATE: NOVEMBER 6, 2017
The following schedule is hereby determined to show each Lot proposed to be as-
sessed for the improvement shown in the title together with the amount proposed to be
10
assessed against each Lot and the valuations shown opposite each Lot are hereby fixed
as the true valuations of such Lots by the City Council of the City of Dubuque.
PARCEL NUMBER; PROPERTY OWNER NAME; LOT DESCRIPTION; STREET AD-
DRESS; NET ASSESSED VALUATION; NET PAVING IMPROVEMENT COST; TOTAL
PUBLIC IMPROVEMENT COST; WATER SERVICE PRIVATE COST; TOTAL NET AS-
SESSMENT
1013459001 ; Jochum, Mary Pamela; Lot 69 L H Langworthy's Add; 2368 Jackson St;
$89,340.00; $1 ,443.76; $1 ,443.76; $1 ,443.76
1013459002; Madigan, Randy J; Lot 1-68 L H Langworthy's Add; 2352 Jackson St;
$53,040.00; $970.03; $970.03; $970.03
1013459026; Mid-America Property Management LLC; S 1/2-Lot 76 L H Langworthy's
Add; 2293 Washington St; $51 ,870.00; $721 .88; $721 .88; $721 .88
1013459027; Marcov, Joseph H & Mary L; N 31'-Lot 77 L H Langworthy's Add; 2285
Washington St; $60,490.00; $699.32; $699.32; $699.32
1013459028; Mendez Hernandez, Estefannie D; S 33'-Lot 77 L H Langworthy's Add;
2275 Washington St; $57,660.00; $744.44; $744.44; $744.44
1013459029; Boge, Robert E, Lot 78 L H Langworthy's ADD 2271-2273 Washington;
2271 Washington St; $68,760.00; $1 ,443.76; $1 ,443.76; $1 ,443.76
1013459030; Hardwick, Richard D & Teresa J; N 37'-Lot 79 L H Langworthy's Add;
2257 Washington St; $50,110.00; $834.67; $834.67; $834.67
1013459003; Thill, Imogene E; Lot 2-68 L H Langworthy's Add; 2350 Jackson St;
$43,650.00; $473.73; $473.73; $473.73
1013459004; Freese, Leon A; Lot 67 L H Langworthy's Add; 2346 Jackson St;
$46,660.00; $1 ,443.76; $1 ,443.76; $1 ,443.76
1013459005; Peterson, Richard J & Andrea J; Lot 66 L H Langworthy's Add; 2322
Jackson St; $82,910.00; $1 ,443.76; $1 ,443.76; $1 ,443.76
1013459006; Cooper, Daniel L; Lot 65 L H Langworthy's Add; 2320 Jackson St;
$52,600.00; $1 ,443.76; $1 ,443.76; $1 ,443.76
1013459007; Richard, Casey M; N 1/2-Lot 64 L H Langworthy's Add; 2310 Jackson
St; $56,950.00; $721 .88; $721 .88; $721 .88
1013459008; Brandel, Brian T; S 1/2-Lot 64 L H Langworthy's Add; 2304 Jackson St;
$47,260.00; $721 .88; $721 .88; $721 .88
1013459009; Paisley, Tami M.; Lot 2-63 L H Langworthy's Add; 2300 Jackson St;
$101 ,050.00; $689.17; $689.17; $689.17
1013459010; Koehler, Vincent F; Lot 1-63 L H Langworthy's Add; 2288 Jackson St;
$40,540.00; $756.62; $756.62; $756.62
1013459011 ; Reiff, Albert J Etal; Lot 1-62 L H Langworthy's Add 2284-2286 Jackson;
2284 Jackson St; $70,890.00; $870.54; $870.54; $842.92; $1 ,713.46
1013459012; Curie!, Anna L & Lanka, Robert M; Lot 2-62 L H Langs Add; 2280 Jack-
son St; $44,340.00; $575.25; $575.25; $575.25
1013459013; Kalb, Frank A; N 34'-Lot 61 L H Langworthy's Add 2268-2270 Jackson;
2268 Jackson St; $73,050.00; $767.00; $767.00; $778.08; $1 ,545.08
1013459014; Latham, Judith; N 3312"-Lot 70 L H Langworthy's Add; 2373 Washington
St; $69,230.00; $748.27; $748.27; $748.27
1013459015; Cooper, Jennifer R; S 30'10"-Lot 70 L H Langworthy's Add; 2369 Wash-
ington St; $82,800.00; $695.49; $695.49; $1 ,685.84; $2,381 .33
11
1013459016; Mid-America Property Management LLC; Lot 1 -71 L H Langworthy's Add
2349-2351 Washington; 2349 Washington St; $65,000.00; $1 ,161 .77; $1 ,161 .77;
$1 ,161 .77
1013459017; Breitbach, Doris M; Lot 2-71 & Lot 2-N 34-72 L H Langworthy's Add;
2343 Washington St; $43,390.00; $516.37; $516.37; $516.37
1013459018; Datisman, David E; Lot 1 -N 34-Lot 72 L H Langworthy's Add; 2339
Washington St; $42,160.00; $533.74; $533.74; $533.74
1013459019; Hayes, Michael A & Cheryl J; S 30'-Lot 72 L H Langworthy's Add; 2337
Washington St; $76,910.00; $676.76; $676.76; $1 ,750.68; $2,427.44
1013459023; Gonzales, Lidia M Etal; S 15'-S 48'-Lot 74 & N 16'- Lot 75 L H Langwor-
thy's ADD; 2315 Washington St; $64,570.00; $699.32; $699.32; $699.32
1013459024; Metz, Kenneth M & June M; S 48'-Lot 75 L H Langworthy's Add; 2303
Washington St; $65,380.00; $1 ,082.82; $1 ,082.82; $1 ,082.82
1013459025; Hillard, Richard S; N 1/2-Lot 76 L H Langworthy's Add; 2297 Washington
St; $46,210.00; $721 .88; $721 .88; $721 .88
1013459020; Hillard, Michael T; N 54-Lot 73 L H Langworthy's Add; 2329 Washington
St; $65,130.00; $1 ,218.17; $1 ,218.17; $1 ,218.17
1013459021 ; Vista Property Group LLC; S 10'-Lot 73 & N 16'-Lot 74 L H Langworthy's
Add; 2321 Washington St; $63,450.00; $586.53; $586.53; $586.53
1013459022; Ungs, Gina M; N 33'-S 48'-Lot 74 L H Langworthys Add; 2319 Washing-
ton St; $41 ,890.00; $744.44; $744.44; $744.44
1024203019; McMahon Real Est Rentals LLC; Lot 1 Weitz Place; 205 E 22nd St;
$33,710.00
1024203020; McMahon Real Est Rentals LLC; Lot 2 Weitz Place; 207 E 22nd St;
$29,670.00; $1 ,300.34; $1 ,300.34; $1 ,037.44; $2,337.78
1024203021 ; Mid-America Property Management LLC; W 33'-W65'-Lot 84 L H Lang-
worhty's ADD 209-211 E 22nd St; 209 E 22nd St; $39,660.00; $1 ,138.08; $1 ,138.08;
$1 ,138.08
1024203001 ; Jasper, Ronda L F/K/A Ronda L Gerlach-Johll; S 30'-Lot 61 L H Lang-
worthys ADD; 2266 Jackson St; $64,020.00; $676.76; $676.76; $676.76
1024203002; Queck Capital Management LLC; N 36'-Lot 60 L H Langworthys Add;
2258 Jackson St; $48,650.00; $812.11 ; $812.11 ; $778.08; $1 ,590.19
1024203003; Cravillion, Nathaniel P & Elizabeth H; N 30'-Lot 59 & S 28'-Lot 60 L H
Langworthys Add; 2250 Jackson St; $85,530.00; $1 ,308.41 ; $1 ,308.41 ; $907.76;
$2,216.17
1024203004; Briggs, Donna M; S 34-Lot 59 L H Langworthys Add; 2246 Jackson St;
$70,920.00; $767.00; $767.00; $778.08; $1 ,545.08
1024203005; Brimeyer, Michael J & Catherine A; Lot 58 L H Langworthys Add; 2226
Jackson St; $59,180.00; $1 ,443.76; $1 ,443.76; $1 ,443.76
1024203006; Koehler, Timothy A; Lot 2-57 L H Langworthys Add 2218 & 2220 Jack-
son; 2218 Jackson St; $49,980.00; $687.53; $687.53; $778.08; $1 ,465.61
1024203007; Blake, Thomas J & Martha J; Lot 1 -57 L H Langworthys Add; 2214 Jack-
son St; $64,310.00; $758.65; $758.65; $758.65
1024203008; Leppert, Christopher S; N 28' of Lot 56 L H Langworthys Add; 2206 Jack-
son St; $56,627.00; $640.95; $640.95; $640.95
12
1024203009; Home Dream LLC; S 27' Lot 79 L H Langworthys Add; 2255 Washington
St; $81 ,660.00; $609.09; $609.09; $609.09
1024203010; Conrad, Ronald J Jr; N 24.60' Lot 80 L H Langworthys Add; 2245 Wash-
ington St; $46,190.00; $554.94; $554.94; $554.94
1024203011 ; Hammerand, Lyle E & Melissa B; Lot 1 -S 39.40'-Lot 80 L H Langworthys
Add; 2241 Washington St; $36,400.00; $428.62; $428.62; $428.62
1024203012; Hammerand, Lyle E & Melissa B; Lot 2-S 39.40'-Lot 80 L H Lagnworthys
Add; 2237 Washington St; $34,380.00; $460.20; $460.20; $460.20
1024203013; Queck Capital Management LLC; Lot 81 L H Langworthys Add; 2227
Washington St; $55,790.00; $1 ,443.76; $1 ,443.76; $1 ,443.76
1024203014; Queck Capital Management LLC; Lot 82 L H Langworthys Add; 2219
Washington St; $76,120.00; $1 ,443.76; $1 ,443.76; $1 ,685.84; $3,129.60
1024203015; MHI Rentals LLC; N 21' Lot 83 L H Langworthys Add; 2209 Washington
St; $26,380.00; $473.73; $473.73; $473.73
1024203016; Vista Property Group LLC; Lot 1-S 43'-Lot 83 L H Langworthys Add; 2203
Washington St; $41 ,940.00; $471 .48; $471 .48; $471 .48
1024203017; Vista Property Group LLC; Lot 2-S 43'-Lot 83 L H Langworthys Add; 2201
Washington St; $42,000.00; $498.55; $498.55; $498.55
27. Iowa Mississippi River Parkway Commission Annual Report 2016-2017: Iowa Mis-
sissippi River Parkway Commission transmitting its 2016-2017 Annual Report. Upon mo-
tion the documents were received and filed.
28. Improvement Contracts / Performance, Payment and Maintenance Bonds: Tem-
perley Excavating, Inc. for J.F. Kennedy Ditch Improvement Project; Utility Service Con-
tractors, Inc. for Kerper Blvd. Fiber Project - Elm Street to 16th Street. Upon motion the
documents were received, filed and approved.
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. 372-17 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. 372-17
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.
13
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Renewals
Aragon Tap 1103 Iowa St. Class C Liquor (Sunday)
Big 10 Mart Car Wash 1875 J.F. Kennedy Rd. Class C Beer, Class B Native
Wine (Sunday)
T ,
Bridge Restaurant The 31 Locust St. Class C Liquor (Sunday)
Grand Harbor Resort & 350 Bell St. Class B Liquor (Catering) (Out-
Water Park + door) (Sunday)
Hotel Julien Dubuque 200 Main St. Class B Liquor (Catering) (Out-
door) (Sunday)
Kwik Stop Food Mart 4039 Pennsylvania Class C Beer, Class B Native
Ave. Wine (Sunday)
Skinny Meginny's 123 S. Main St. Class C Liquor (Catering) (Out-
door) (Sunday)
Target Store T-0086 3500 Dodge St. Class E Liquor, Class B Wine,
Class C Beer (Sunday)
T ,
New
Fuji Asian Buffet 806 Wacker Dr. Special Class C Liquor (Sun-
day)
Passed, approved and adopted this 20th day of November, 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 6-0.
1 . Metx, LLC Development Agreement and Intent to Dispose of 1690 Elm Street: City
Manager recommending adoption of a resolution to set a public hearing for December 4,
2017, in order to approve tax increment financing obligations and the disposition of City-
owned real estate at 1690 Elm Street. Upon motion the documents were received and
filed and Resolution No. 373-17 Fixing the date fora public hearing of the City Council of
the City of Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment
Revenue Obligations and the disposition of City owned real estate relating to a previously
approved Development Agreement with Metx, LLC, and providing for the publication of
notice thereof was adopted setting a public hearing for a meeting to commence at 6:00
p.m. on December 4, 2017 in the Historic Federal Building.
14
RESOLUTION NO. 373-17
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX
INCREMENT REVENUE OBLIGATIONS AND THE DISPOSITION OF CITY-OWNED
REAL ESTATE RELATING TO A PREVIOUSLY APPROVED DEVELOPMENT
AGREEMENT WITH METX, LLC AND PROVIDING FOR THE PUBLICATION OF NO-
TICE THEREOF
Whereas, City and Metx, LLC have entered into a Development Agreement, certain
components of which are subject to the approval of the City Council at public hearing, a
copy of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street,
Dubuque, Iowa; and
Whereas, the City Council committed to have public hearings on items contained within
the Development Agreement; and
Whereas, it is deemed necessary and advisable that City should authorize Urban Re-
newal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of
Iowa and to dispose of land, for the purpose of carrying out the rehabilitation of property
located at 1690 Elm Street as hereinafter described; and
Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of the proposal and of the time and place of
the meeting at which the City Council proposes to take action thereon and at which meet-
ing the City Council shall receive oral and/or written objections from any resident or prop-
erty owner of said City to such proposed action.
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 a notice to be
published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's
intent to authorize Urban Renewal Tax Increment Revenue obligations and to dispose of
an interest in City owned real estate, to be held on the 4th day of December, 2017, at 6:00
o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th St.,
Dubuque, Iowa.
Section 2. The City Council will meet at said time and place for the purpose of taking
action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations
and the disposition of City owned real estate to Metx, LLC the proceeds of which obliga-
tions will be used to carry out certain of the special financing activities described in the
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
District, consisting of the funding of economic development grants to Metx, LLC pursuant
to the Development Agreement. It is expected that the aggregate amount of the Tax In-
crement Revenue obligations to be issued will be approximately $1 ,005,000.
Section 3. The Clerk is hereby directed to cause at least one publication to be made
of a notice of said meeting, in a newspaper, printed wholly in the English language, pub-
lished at least once weekly, and having general circulation in said City, said publication
to be not less than four days nor more than twenty days before the date of said meeting
on the issuance of said obligations.
Section 4. That the notice of the proposed action to issue said obligations shall be in
substantially the form attached hereto.
15
Passed, approved and adopted this 20th day of November, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Steeple Square Development Agreement - 101 E. 15th Street: City Manager recom-
mending adoption of a resolution to set a public hearing for December 4, 2017 in order to
approve tax increment financing obligations at 101 E. 15th Street. Upon motion the docu-
ments were received and filed and Resolution No. 374-17 Fixing the date for a public
hearing of the City Council of the City of Dubuque, Iowa on the proposed issuance of
Urban Renewal Tax Increment Revenue Obligations relating to a previously approved
Development Agreement with SS Event Center, LLC and providing for the publication of
notice thereof was adopted setting a public hearing for a meeting to commence at 6:00
p.m. on December 4, 2017 in the Historic Federal Building.
RESOLUTION NO. 374-17
FIXING THE DATE FOR A PUBLIC HEARING OF THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA ON THE PROPOSED ISSUANCE OF URBAN RENEWAL TAX
INCREMENT REVENUE OBLIGATIONS RELATING TO A PREVIOUSLY APPROVED
DEVELOPMENT AGREEMENT WITH SS EVENT CENTER, LLC AND PROVIDING
FOR THE PUBLICATION OF NOTICE THEREOF
Whereas, City and SS Event Center, LLC have entered into a Development Agree-
ment, certain components of which are subject to the approval of the City Council, a copy
of which is now on file at the Office of the City Clerk, City Hall, 50 W. 13th Street, Dubuque,
Iowa; and
Whereas, the City Council committed to have public hearings on items contained within
the Development Agreement; and
Whereas, it is deemed necessary and advisable that City should authorize Urban Re-
newal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of
Iowa, for the purpose of carrying out the rehabilitation of property located at 101 E. 15th
Street as hereinafter described; and
Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of the proposal and of the time and place of
the meeting at which the City Council proposes to take action thereon and at which meet-
ing the City Council shall receive oral and/or written objections from any resident or prop-
erty owner of said City to such proposed action.
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 a notice to be
published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's
intent to authorize Urban Renewal Tax Increment Revenue obligations, to be held on the
4th day of December, 2017, at 6:00 o'clock p.m. in the City Council Chambers at the His-
toric Federal Building, 350 W. 6th St., Dubuque, Iowa.
Section 2. The City Council will meet at said time and place for the purpose of taking
action on the matter of authorizing Urban Renewal Tax Increment Revenue obligations
to SS Event Center, LLC the proceeds of which obligations will be used to carry out certain
of the special financing activities described in the Amended and Restated Urban Renewal
16
Plan for the Greater Downtown Urban Renewal District, consisting of the funding of eco-
nomic development grants to SS Event Center, LLC pursuant to the Development Agree-
ment. It is expected that the aggregate amount of the Tax Increment Revenue obligations
to be issued will be approximately $174,830.00.
Section 3. The Clerk is hereby directed to cause at least one publication to be made
of a notice of said meeting, in a newspaper, printed wholly in the English language, pub-
lished at least once weekly, and having general circulation in said City, said publication
to be not less than four days nor more than twenty days before the date of said meeting
on the issuance of said obligations.
Section 4. That the notice of the proposed action to issue said obligations shall be in
substantially the form attached hereto.
Passed, approved and adopted this 20th day of November, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC HEARINGS
1 . Request to Rezone 3900 Block of Inwood Avenue: Proof of Publication for notice of
public hearing to consider a request from Brandon Merrick to rezone the 3900 block of
Inwood Avenue from R-1 Single-Family Residential to R-2 Two-Family Residential Zoning
District and the Zoning Advisory Commission recommending approval. The City Clerk
acknowledged receipt of the Citizen Petition in opposition to the request and additional
documentation from the City Manager and Planning Services Department in response to
the petition.
Motion by Lynch 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. Motion failed for lack of a
second.
Motion by Lynch to consider the first reading of a proposed ordinance amending Title
16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassi-
fying hereinafter described property located at the end of Inwood Avenue from R-1 Single-
Family Residential District to R-2 Two-Family Residential District. Seconded by Resnick.
Addressing the City Council, Developer Brandon Merrick, 8110 Southern Hills Circle, re-
quested that the item be tabled to next month when the entire Council is present. The
developer will inform staff on the date. No vote taken.
Motion by Lynch to table the item. Seconded by Resnick. Motion carried 6-0.
2. Derby Grange Sanitary Sewer Extension Project: Proof of publication on notice of
public hearing to consider approval of plans, specifications, form of contract and esti-
mated cost for the Derby Grange Sanitary Sewer Extension Project and the City Manager
recommending approval. Motion by Lynch to receive and file the documents and adopt
Resolution No. 375-17 Approval of plans, specifications, form of contract, and estimated
cost for the Derby Grange Sanitary Sewer Extension Project. Seconded by Connors. Mo-
tion carried 6-0.
17
RESOLUTION NO. 375-17
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE DERBY GRANGE SANITARY SEWER EXTENSION PRO-
JECT
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
Derby Grange Sanitary Sewer Extension Improvement Project in the estimated amount
$605,656.93, are hereby approved.
Passed, adopted and approved this 20th day of November 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Nino Erba, 672% Central Avenue, addressed the City Council regarding his belief that
it is in the best interests of the City to help Mercy Hospital secure funding for its planned
Comprehensive Cancer Care Center.
ACTION ITEMS
1 . Code of Ordinances Amendment Title 6-5-3 Exempt Noises: City Manager recom-
mending an amendment to the noise ordinance related to the noise coming from school
stadiums including, but not limited to, marching bands and athletic events, and would
exempt events on campuses within a sports stadium during hours already contained in
the code restricting amplified music or noise consistent with the noise variance provisions
of the Code. Motion by Lynch 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 Resnick.
Motion failed 4-2 with Resnick and Del Toro voting nay.
Motion by Lynch to consider the first reading of a proposed ordinance Amending City
of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment,
Chapter 5 Noises, Section 6-5-3 Exempt Noises. Seconded by Connors. Motion carried
4-2 with Resnick and Del Toro voting nay.
During discussion, Police Chief Mark Dalsing addressed the City Council about the
position faced by Police Officers with enforcing the current City Code regarding the noise
and the need to resolve the issue. Council discussion included issues regarding music at
sporting events versus amplified music for practices, the sources of music, citizens taking
the issue directly to the institutions, and rights of adjacent property owners as well as
students. The City Council inquired about text modifications to the amendment that might
include time limitations to be included on the agenda with the second reading of the
amendment.
Following Action Item No. 2, City Attorney Brumwell suggested that if modification of
the amendment is requested by the City Council, a Motion to Reconsider would be in
18
order to allow staff to draft additional language. Motion by Connors to Reconsider and
refer to staff for modification. Seconded by Resnick. Motion carried 5-1 with Lynch voting
nay.
2. 2018 State Legislative Priorities: City Manager submitting the 2018 State Legislative
Priorities to be presented to legislators at the annual Legislative Dinner tentatively sched-
uled for December 6, 2017, at 5:30 p.m. at the Grand River Center. Motion by Connors
to receive and file the documents and approve. Seconded by Del Toro. The City Manager
stated that the final date of the legislative dinner will be determined following confirmation
of schedules for attendees. Motion carried 6-0.
3. Rescheduling of January 2, 2018 City Council Meeting: Mayor Buol requesting that
the Tuesday, January 2, 2018 City Council meeting be rescheduled to Wednesday, Jan-
uary 3, 2018 due to City Offices being closed for the New Year's Holiday. Motion by Con-
nors to receive and file the document and concur. Seconded by Resnick. Motion carried
6-0.
COUNCIL MEMBER REPORTS
Mayor Buol recognized Boy Scouts from Troup #69 who were in attendance.
There being no further business, upon motion the City Council adjourned at 7:06 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
19