12 18 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 December 18, 2017
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick,
Rios; City Manager Van Milligen, City Attorney Brumwell
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1 . Human Slavery and Human Trafficking Prevention Month (January 2018) and Hu-
man Trafficking Awareness Day (January 11 , 2018) was accepted by Sr. Mary Lechten-
burg OSF and Sr. Joy Peterson PVB of the Tri-State Coalition Against Human Trafficking.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion carried 7-0.
1 . Minutes and Reports Submitted: Cable TV Commission of 12/6; City Council Pro-
ceedings of 12/4; Dubuque County Emergency Management Commission of 8/1/17; Five
Flags Civic Center Commission of 11/27; Human Rights Commission of 11/13; Long
Range Planning Advisory Commission of 11/28; Park and Recreation Commission of
11/14; Zoning Advisory Commission of 12/6; Zoning Board of Adjustment 11/16; Proof of
publication for City Council Proceedings of 11/13, 11/20, 11/27. Upon motion the docu-
ments were received and filed.
2. Notice of Claims and Suits: Douglas Spyrison for property 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: Douglas Spyrison for property damage. Upon motion the documents were
received, filed, and concurred.
4. Awards and Recognitions for the City of Dubuque: City Manager transmitting the
public information brochure listing awards and recognitions for the City of Dubuque. Upon
motion the document was received and filed.
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5. City Focus: City Manager transmitting the Fall 2017 City Focus public information
brochure. Upon motion the document was received and filed.
6. Eagle Point Park - National Register of Historic Places: City Manager transmitting
correspondence from the Iowa Department of Cultural Affairs that Eagle Point Park has
been listed as a Historic District in the National Register of Historic Places effective No-
vember 27, 2017. Upon motion the documents were received and filed.
7. Dubuque Ranked #12 on "30 Best Small Cities in the U.S." List: City Manager trans-
mitting information from the online travel source Alot Travel, ranking Dubuque #12 on its
list of the "30 Best Small Cities in the U.S." Upon motion the document was received and
filed.
8. Human Rights Department Annual Report: City Manager transmitting the Fiscal Year
2017 Annual Report of the Human Rights Department. Upon motion the document was
received and filed.
9. Fiscal Year 2019 Annual Tax Increment Financing (TIF) Report: City Manager trans-
mitting the Annual Tax Increment Financing Report that has been filed with Dubuque
County Auditor Denise Dolan. Upon motion the document was received and filed.
10. Baker Tilly Study - Historic Tax Credit Program is an Economic Driver for Iowa:
City Manager transmitting information from the Historic Tax Credit Economic Impact
Study as performed by the accounting firm of Baker Tilly. Upon motion the document was
received and filed.
11 . Veterans' Memorial Plaza Fund Donation: City Manager recommending ac-
ceptance of the Veterans' Memorial Plaza Fund for use at veterans' memorials. Upon
motion the documents were received and filed and Resolution No. 384-17 Accepting a
gift of funds from Veteran's Memorial Plaza For the maintenance, care, and expansion of
the Chaplain Schmitt Island Veteran's Memorial Plaza and authorizing the sale of addi-
tional pavers to be used for the Chaplain Schmitt Island Veteran's Memorial Plaza or any
Veteran's Memorial within the City of Dubuque was adopted.
RESOLUTION NO. 384-17
ACCEPTING A GIFT OF FUNDS FROM VETERAN'S MEMORIAL PLAZA FOR THE
MAINTENANCE, CARE, AND EXPANSION OF THE CHAPLAIN SCHMITT ISLAND
VETERAN'S MEMORIAL PLAZA AND AUTHORIZING THE SALE OF ADDITIONAL
PAVERS TO BE USED FOR THE CHAPLAIN SCHMITT ISLAND VETERAN'S MEMO-
RIAL PLAZA OR ANY VETERAN'S MEMORIAL WITHIN THE CITY OF DUBUQUE
Whereas, Veteran's Memorial Plaza, an Iowa non-profit corporation has tendered to
the City of Dubuque a Trust of $125,503.11 and future interest earned thereon for the
express purpose of using the income therefrom to maintain and perpetuate the Chaplain
Schmitt Island Veteran's Memorial Plaza (including the Memorial to Fr. Aloysius Herman
Schmitt) in the City of Dubuque, Dubuque County, Iowa; and
Whereas, such donor has imposed upon such a gift certain terms and conditions as
set out in a letter of October 19, 2017, addressed to the Mayor and City Council of the
City of Dubuque, which letter is now on file in the office of the City Clerk; and
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Whereas, the City Council is of the opinion that it is in the best public interest that such
gift be accepted under the terms and conditions stated in such letter.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE:
Section 1 . That the City of Dubuque hereby accepts such gift under the terms and
conditions stated in such letter and the City Manager is hereby authorized to receive the
transfer of said monies for and on behalf of the City of Dubuque.
Section 2. That said monies shall, when received, be placed in the Trust and Agency
Funds in a fund to be designated "The Chaplain Schmitt Island Veteran's Memorial Plaza
Fund" and the income there from shall be used only for the perpetual care, and mainte-
nance, as the same is now maintained, and future development of the Chaplain Schmitt
Island Veteran's Memorial Plaza (including the Memorial to Fr. Aloysius Herman Schmitt)
in the City of Dubuque, Dubuque County, Iowa.
Section 3. That the principal of the Chaplain Schmitt Island Veteran's Memorial Plaza
fund may be used by the City for and to the extent necessary to:
Make extraordinary repairs to Chaplain Schmitt Island Veteran's Memorial Plaza
including the Memorial to Fr. Aloysius Herman Schmitt, or
To expand the Chaplain Schmitt Island Veteran's Memorial Plaza at its current gen-
eral location.
Section 4. The City of Dubuque may continue the current sale of pavers and/or accept
the proceeds from the sale of pavers and the City may accept other gifts. The proceeds
from the sale of pavers and other gifts will be placed in a separate fund for use by the City
for any veteran's memorials within the City of Dubuque.
Section 5. In the event the City of Dubuque ever finds that it can no longer administer
the Chaplain Schmitt Island Veteran's Memorial Plaza Fund according to the terms of this
Resolution, the City of Dubuque shall deliver the funds to another trustee subject to the
same terms and restrictions contained herein, or may transfer the trust fund to all of the
Veterans' organizations then located in the City of Dubuque, Iowa, which are then an
exempt 501(c)(3) organization under the Internal Revenue Code, in equal shares.
Section 6. This transition shall commence December 22, 2017.
Passed, approved, and adopted this 18th day of December 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Tree City USA Application: City Manager recommending approval for the Mayor to
execute the Tree City USA application for the City to become a Tree City USA. Upon
motion the documents were received, filed and approved.
13. Schedule of Assessments for Garbage/Junk Collection and Weed Cutting for 2017
(Health Services): City Manager recommending approval of the levy of special assess-
ments for Weed/Junk/Garbage Enforcement Programs with the Health Services Depart-
ment for properties enforced on from June 15, 2017 to October 12, 2017. Upon motion
the documents were received and filed and Resolution No. 385-17 Adopting the Schedule
of Assessments for 2017 and Directing the City Clerk to Certify the Schedule of Assess-
ments to the County Treasurer and to publish notice thereof was adopted.
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RESOLUTION NO. 385-17
ADOPTING THE SCHEDULE OF ASSESSMENTS FOR 2017 AND DIRECTING THE
CITY CLERK TO CERTIFY THE SCHEDULE OF ASSESSMENTS TO THE COUNTY
TREASURER AND TO PUBLISH NOTICE THEREOF
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOW A:
That after full consideration of the Schedule of Assessments attached hereto for
weed/grass cutting and junk/garbage removal tax assessments which Schedule of As-
sessments was filed in the office of the City Clerk on the 14th day of December 2018. The
said Schedule of Assessments be and the same is hereby approved and adopted.
That there be, and is hereby assessed and levied as a lien upon the real property, the
respective sums indicated.
That the City Clerk be and is hereby directed to certify said schedule to the County
Treasurer of Dubuque County, Iowa, and to publish notice of said certification 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. On or before the date of the second publication of the notice, the City Clerk
shall also mail a copy of said notice to property owners whose property is subject to as-
sessment, as provided and directed in Iowa Code § 384.60.
The assessments may be paid in full or in part without interest at the Utility Billing
Office, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the
date of the first publication of the notice of the filing of the Schedule of Assessments with
the County Treasurer. After 30 days, unpaid assessments are payable at the County
Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa,
and charges shall be collected in the same manner as general property taxes against the
respective parcels of the property set opposite the name of the property owner.
Passed, approved and adopted this 18th day of December 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Schedule of Assessments
Weed, Junk, Garbage Enforcement Programs
Property Address; Owner; Parcel; Legal Description; Date cut/cleaned up by contractor;
Expense; Administration Fee; Total for June 15, 2017-Oct 12, 2017
Vacant Lot Air Hill; Louis George Mihalakis 1212 Miller Rd. Dubuque IA 52003;
1025130011 ; N 40'-S 1/2-Lot 12, S 35'-S 1/2-Lot 12, & S 60'-Lot 13 all in Kelly's
Sub;06/16/2017; $67.50; $25.00; $92.50
1785 Hale St.; Lyons, Lawrence; 1816 8th St. Alameda CA 94501 -2252;1026253021 ;
Lot 1-32 Hodge's Sub No 2;06/20/2017; $90.00; $25.00; $115.00
25th/Pinard; Ronald Lee Nixon; 27912 Centerville Rd.; LaMotte, IA 52054;1013408016;
Lot 1-50 Bellevue Add;06/22/2017; $56.25; $25.00; $81 .25
2161 Washington St.; Kristina & Kelton Williams; 2161 Washington St.; Dubuque, IA
52001 ;1024209014; Lot 1-86 & S 11 .8' Lot 85 L H Lang's Add;06/27/2017; $116.50;
$25.00; $141 .50
2124 Jackson St.; Pat Naderman; 2124 Jackson St., Dubuque, IA 52001 ;1024209006;
N 63'-Lot 51 L H Langworthy's Add 2124-2126 Jackson; 06/27/2017; $45.00; $25.00;
$70.00
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1100 Roosevelt St.; Gary Bernhard 1100 Roosevelt St., Dubuque IA 52001 ;
1012201003; Lot 4 Wersinger Sub; 06/20/2017; $67.50; $25.00; $92.50
Lot next to 420 Southern; Patrick L & Sean J Coleman 4101 Vincent Ave. S., Minne-
apolis MN.; 5410; 1036253003; Lot 3 Rowan's Add; 07/19/2017; $67.50; $25.00; $92.50
3922 Inwood Ave.; Merrick Construction and Development Corporation; 3080 Cedar
Cross Ct.; Suite 101 Dubuque, IA 52003;1012181001 ; Lots 53 & 54 O'Neill's North Dubu-
que; DD; 07/20/2017; $720.00; $25.00; $745.00
4980 Radford Ct.; Tri-State Islamic Center, PO Box 333; Dubuque IA 52004;
1020406036; Lot 2 Blk 11 Sunnyslope Estates; 07/31/2017; $600.00; $25.00; $625.00
3922 Inwood Ave.; Merrick Construction and Development Corporation; 3080 Cedar
Cross Ct.; Suite 101 Dubuque, IA 52003; 1012181001 ; Lots 53 & 54 O'Neill's North Dubu-
que DD; 07/31/2017; $75.00; $25.00; $100.00
Vacant Lots University Ave.; Deane C. & Manolita Dement PO Box 836 Dubuque IA
52004; 1025129017 &1025129017; Lot 2-1-1-10 Kelly's Sub & Lot 2-1-11 Kelly's
Sub;08/08/2017; $67.50; $25.00; $92.50
1100 Roosevelt St.; Gary Bernhard 1100 Roosevelt St., Dubuque IA
52001 ;1012201003; Lot 4 Wersinger Sub;08/17/2017; $78.75; $25.00; $103.75
Vacant Lot Air Hill; Louis George Mihalakis 1212 Miller Rd. Dubuque IA
52003;1025130011 ; N 40'-S 1/2-Lot 12, S 35'-S 1/2-Lot 12, & S 60'-Lot 13 all in Kelly's
Sub;08/15/2017; $60.00; $25.00; $85.00
2520 Stafford St.; Gary A and Annette R Haas; 2520 Stafford St.; Dubuque, IA 52001 ;
1013411005; Lot 2 A Stine's Sub;08/30/2017; $67.50; $25.00; $92.50
393 Alpine St.; Kristopher Peckosh; 393 Alpine St.; Dubuque, IA 52001 ; 1025152015;
Lot 28 T S Nairn's Dub;08/25/2017; $60.00; $25.00; $85.00
854 Kaufmann Ave.; Michael D. Canganelli 854 Kaufmann Dubuque IA
52001 ;1014453009; Lot 7 Burtons Add;08/25/2017; $180.00; $25.00; $205.00
3245 Shiras Ave.; Emmy Gaulke; 3245 Shiras Ave. Dubuque, IA 52001 ; 1106357004;
Lot 1-2 And 1-1-3 of Mineral Lot 312; 09/08/2017; $90.00; $25.00; $115.00
1358 Thomas Place; Gregory Oertel; 1358 Thomas Place Dubuque IA 52001 ;
1118302001 ; NE 10' of Lot 2 of B of 96 & Lots 1&2 of B of 97 McCraney's 1st
Add;09/17/2017; $180.00; $25.00; $205.00
1100 Roosevelt St.; Gary Bernhard 1100 Roosevelt St., Dubuque IA 52001 ;
1012201003; Lot 4 Wersinger Sub; 09/15/2017; $67.50; $25.00; $ 92.50
2609 Windsor Ave.; Wallace Berry & Andrea Ehlers; 2609 Windsor Ave.; Dubuque, IA
52001 ;1013402011 ; N 30' of Lot 14 Stafford's Add; 09/22/2017; $105.00; $25.00; $130.00
1106 Lincoln Ave.; Pamela J Stotler; 1106 Lincoln Ave.; Dubuque, IA
52001 ;1118315005; Lot 34 Fengler's Add; 09/29/2017; $90.00; $25.00; $115.00
543 N Booth St.; Lisa Stotts; 543 N Booth St.; Dubuque, IA 52001 ;1026236016; Lot 33
S M Lang's Add; 10/06/2017; $90.00; $25.00; $115.00
14. Actuarial Valuation of Post-Employment Benefit Plans: City Manager recommend-
ing approval of the selection of Menard Consulting, Inc. to conduct the GASB-75 actuarial
valuation for 2018. Upon motion the documents were received, filed and approved.
15. Adopting Code Supplement No. 27: City Clerk recommending adoption of Supple-
ment No. 27 to the City of Dubuque Code of Ordinances. Upon motion the documents
were received and filed and Resolution No. 386-17 Adopting Supplement No. 27 to the
Code of Ordinances of the City of Dubuque, Iowa was adopted.
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RESOLUTION NO. 386-17
ADOPTING SUPPLEMENT NO. 27 TO THE CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA
Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance No.
43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entirety; and
Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code of Ordinances and said amendments
have been printed as supplements to the Code of Ordinances; and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolution,
become part of the Code of Ordinances.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That Supplement No. 27 to the City of Dubuque Code of Ordinances, which
codifies Ordinance Nos. 37-17 through 42-17 as adopted by the City Council through
October 2017, prepared by the Sterling Codifiers, Inc., and filed in the Office of the City
Clerk of the City of Dubuque, Iowa is hereby adopted and becomes part of the Code of
Ordinances of the City of Dubuque, Iowa.
Passed, approved and adopted this 18th day of December 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Civil Service Commission - Certified Lists: Civil Service Commission submitting the
Certified Lists for the positions of Utility Worker and Mechanic. Upon motion the docu-
ments were received, filed and made a Matter of Record.
November 21 , 2017
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an entrance examination for the
position of Utility Worker was administered on October 19, 2017. We hereby certify that
the individuals listed below have passed this written examination and the vacancy for this
position should be made from this list and that this list is good for one (1) year from above
date.
Utility Worker
1 . Keenan Steil, 2. Nick Connolly, 3. Jered Welter, 4. Joseph Pfeiler, 5. Nicholas
McLaughlin, 6. Jeffrey Hall, 7. Christopher Tigges, 8. Steven Pfeiffer, 9. James Healey,
10. John Kirk, 11 . Marc Moore, 12. Derrick Dean, 13. Jacob Freund, 14. Justin Licht, 15.
Austin Moyer, 16. Patrick Rubie, 17. Darrin Homb, 18. Tim Lawler, 19. David Sowle, 20.
Matthew Uthe
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
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November 21 , 2017
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an entrance examination for the
position of Mechanic was administered on October 17, 2017. We hereby certify that the
individuals listed below have passed this written examination and the vacancy for this
position should be made from this list and that this list is good for one (1) year from above
date.
Mechanic
1 . Ryan Hoffmann, 2. Melvin Christensen, 3. Darren Steil, 4. Jered Welter, 5. Robert Nel-
son, 6. Robert Hall, 7. David Nauman, 8. Christopher Tigges, 9. Scott Merfeld, 10. Jeffrey
Hall, 11 . Alan Zweibohmer, 12. Nathan Hoffmann, 13. Nicholas Meyer, 14. Matt Herman,
15. Andrew Davis
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
17. Kunkel & Associates, Inc. Contract Amendment #1 with the Iowa Economic Devel-
opment Department (IEDA): City Manager recommending approval of a resolution au-
thorizing a first amendment to a contract with the Iowa Economic Development Authority
(IEDA) for High Quality Jobs Program Financial Assistance benefits on behalf of Kunkel
& Associates, Inc., that extends the periods for job creation and maintenance. Upon mo-
tion the documents were received and filed and Resolution No. 387-17 Approving a First
Amendment to the Economic Development Financial Assistance Contract by and among
Kunkel & Associates, Inc., the City of Dubuque and the Iowa Department of Economic
Development was adopted.
RESOLUTION NO. 387-17
APPROVING A FIRST AMENDMENT TO THE ECONOMIC DEVELOPMENT FINAN-
CIAL ASSISTANCE CONTRACT BY AND AMONG KUNKEL & ASSOCIATES, INC.,
THE CITY OF DUBUQUE, AND THE IOWA DEPARTMENT OF ECONOMIC DEVEL-
OPMENT
Whereas, Kunkel & Associates, Inc. (Kunkel) and the City of Dubuque (City) entered
into an Economic Development Financial Assistance Contract (the Contract) with the
Iowa Economic Development Authority (IEDA) for the expansion of Kunkel's operations
in Dubuque, Iowa; and
Whereas, Kunkel has requested an extension of the Project Completion Date in the
Contract from October 31 , 2017 to October 31 , 2018 in a First Amendment; and
Whereas, the IEDA Board approved an extension of the Project Completion Date from
October 31 , 2017 to October 31 , 2018 and the maintenance Period Completion Date from
October 31 , 2019 to October 31 , 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.
7
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 18th day of December 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18. Iowa Department of Transportation -Local Detour Agreement for Southwest Arterial
Interchange Bridge Over US Highway 20: City Manager recommending authorization for
the Mayor to execute an agreement with the Iowa Department of Transportation for the
use of local roads as an authorized detour route for the Southwest Arterial Overpass
Interchange Bridge Over US Highway 20 Project. Upon motion the documents were re-
ceived and filed and Resolution No. 388-17 Approving the Iowa Department of Transpor-
tation Agreement for use of local agency roads as detours for the Southwest Arterial
Overpass Bridge over US Highway 20 was adopted.
RESOLUTION NO. 388-17
APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR
USE OF LOCAL AGENCY ROADS AS DETOURS FOR THE SOUTHWEST ARTERIAL
OVERPASS BRIDGE OVER US HIGHWAY 20
Whereas, the Iowa Department of Transportation is proceeding with the Southwest
Arterial Overpass Bridge Over US Highway 20; and
Whereas, eastbound lanes of US Highway 20 may be closed from 10:00 p.m. until 5:00
a.m. with North Cascade Road serving as a detour route for eastbound traffic; and
Whereas, nighttime closures of US 20 will only be allowed during non-peak hours,
Sunday night through Friday morning.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1 . That said Agreement for Use of Local Agency Roads with the Iowa Depart-
ment of Transportation is hereby approved for the Southwest Arterial Overpass Bridge
Over US Highway 20.
Section 2. That the Mayor be authorized and directed to execute two copies of said
Agreement for Use of Local Agency Roads with the Iowa Department of Transportation
for the Southwest Arterial Overpass Bridge Over US Highway 20.
Passed, approved and adopted this 18th day of December 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Giese Manufacturing Company, Inc. - 1st Amendment to Development Agreement:
City Manager recommending approval of the 1st Amendment to the Giese Manufacturing
Company, Inc. Development Agreement that corrects the termination date to July 1 , 2019.
Upon motion the documents were received and filed and Resolution No. 389-17 Approv-
ing the First Amendment to the Development Agreement between the City of Dubuque,
Iowa and Giese Manufacturing Company, Inc. was adopted.
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RESOLUTION NO. 389-17
APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE, IOWA AND GIESE MANUFACTURING COMPANY,
INC.
Whereas the City of Dubuque, Iowa (City) and Giese Manufacturing Company, Inc.
(Developer) entered into a Development Agreement dated for reference purposes the 17th
day of July 2006 for the expansion of the property at 7025 Chavenelle Road; and
Whereas City and Developer now desire to amend the Development Agreement as set
forth in the First Amendment to Development Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The City Council hereby approves the First Amendment to Development
Agreement.
Section 2. The Mayor is authorized and directed to sign the First Amendment to De-
velopment Agreement on behalf of the City of Dubuque.
Passed, approved and adopted this 18th day of December 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
20. Grandview Avenue and Loras Boulevard Traffic Signal Reconstruction Project Ac-
ceptance: City Manager recommending acceptance of the public improvement for the
Grandview Avenue & Loras Boulevard Intersection Improvement Project as completed by
Portzen Construction, Co. Upon motion the documents were received and filed and Res-
olution No. 390-17 Accepting the Grandview Avenue & Loras Boulevard Intersection Im-
provement Project and authorizing the payment of the contract amount to the contractor
was adopted.
RESOLUTION NO. 390-17
ACCEPTING THE GRANDVIEW AVENUE & LORAS BOULEVARD INTERSECTION
IMPROVEMENT PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT
AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Grandview Avenue & Loras Boule-
vard Intersection Improvement Project (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 Project be accepted; and
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
Grandview Avenue & Loras Boulevard Intersection Improvement Project capital improve-
ment appropriation for the contract amount of$322,047.632 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, adopted and approved this 18th day of December 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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City Engineer's Certificate Of Final Completion Of The Grandview Avenue & Loras
Boulevard Intersection Improvement Project
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Grandview Avenue & Loras Boulevard Intersection Improvement Pro-
ject, and that said Project has been performed in compliance with the terms of the Public
Improvement Contract, and that the total cost of the completed work is $370,354.42.
Dated this 12th day of December 2017.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 13th day of December 2017.
/s/Kevin S. Firnstahl, CMC City Clerk
21 . Airport Parking Lot Project 2016 Acceptance: City Manager recommending ac-
ceptance of the public improvement for the Dubuque Airport Parking Lot Repair Project
2016 as completed by Tom Kueter Construction Co. Upon motion the documents were
received and filed and Resolution No. 391-17 Accepting the Dubuque Airport Parking Lot
Repair Project 2016 and authorizing the payment of the contract amount to the contractor
was adopted.
RESOLUTION NO. 391-17
ACCEPTING THE DUBUQUE AIRPORT PARKING LOT REPAIR PROJECT 2016 AND
AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC-
TOR
Whereas, the Public Improvement Contract for the Dubuque Airport Parking Lot Repair
Project 2016 (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 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
Airport Asphalt Repair capital improvement appropriation for the contract amount of
$106,606.43 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 18th day of December 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE DUBUQUE AIR-
PORT PARKING LOT REPAIR PROJECT 2016
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Dubuque Airport Parking Lot Repair Project 2016, and that said Project
has been performed in compliance with the terms of the Public Improvement Contract,
and that the total cost of the completed work is $122,284.00.
Dated this 12th day of December 2017.
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/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 13th day of December 2017.
/s/Kevin S. Firnstahl, City Clerk
22. Asphalt Overlay Access Ramp Project Three Acceptance: City Manager recom-
mending acceptance of the construction contract for the 2017 Asphalt Overlay Access
Ramp Project Three as completed by Midwest Concrete, Inc. Upon motion the documents
were received and filed and Resolution No. 392-17 Accepting the 2017 Asphalt Overlay
Access Ramps Project Three and authorizing the payment of the contract amount to the
contractor was adopted.
RESOLUTION NO. 392-17
ACCEPTING THE 2017 ASPHALT OVERLAY ACCESS RAMPS PROJECT THREE
AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CON-
TRACTOR
Whereas, the Public Improvement Contract for the 2017 Asphalt Overlay Access
Ramps Project Three (the Project) has been completed and the City Engineer has exam-
ined the work and filed a certificate stating that the Project has been completed according
to the terms of the Public Improvement Contract and that the City Engineer recommends
that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Curb Ramp Program appropriations and the signal intersection reconstruct appropriations
for the contract amount of$89,047.25, 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 18th day of December 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2017 ASPHALT
OVERLAY ACCESS RAMPS PROJECT THREE
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the 2017 Asphalt Overlay Access Ramps Project Three, that the Project
has been performed in compliance with the terms of the Public Improvement Contract,
and that the total cost of the completed work is $103,812.12.
Dated this 12th day of December 2017.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 13th day of December 2017.
/s/Kevin Firnstahl, City Clerk
23. Asphalt Overlay Access Ramp Project Four Acceptance: City Manager recom-
mending acceptance of the construction contract for the 2017 Asphalt Overlay Access
Ramp Project Four as completed by Midwest Concrete, Inc. Upon motion the documents
11
were received and filed and Resolution No. 394-17 Accepting the 2017 Asphalt Overlay
Access Ramps Project Four and authorizing the payment of the contract amount to the
contractor was adopted.
RESOLUTION NO. 394-17
ACCEPTING THE 2017 ASPHALT OVERLAY ACCESS RAMPS PROJECT FOUR
AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CON-
TRACTOR
Whereas, the Public Improvement Contract for the 2017 Asphalt Overlay Access
Ramps Project Four (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; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Curb Ramp Program appropriations for the contract amount of $93,737.26, less any re-
tained percentage provided for therein as provided in Iowa Code chapter 573, and to pay
such retainage only in accordance with the provisions of Iowa Code chapter 573.
Passed, approved and adopted this 18th day of December 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2017 ASPHALT
OVERLAY ACCESS RAMPS PROJECT FOUR
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the 2017 Asphalt Overlay Access Ramps Project Four, that the Project has
been performed in compliance with the terms of the Public Improvement Contract, and
that the total cost of the completed work is $99,270.03.
Dated this 12th day of December 2017.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 13th day of December 2017.
/s/Kevin Firnstahl, City Clerk
24. Lower Bee Branch Creek Floating Island Project Acceptance: City Manager rec-
ommending acceptance of the construction contract for the Lower Bee Branch Creek
Floating Island Project as completed by ENCAP, Inc. Upon motion the documents were
received and filed and Resolution No. 395-17 Accepting the Lower Bee Branch Creek
Floating Island Project and authorizing the payment of the contract amount to the con-
tractor was adopted.
RESOLUTION NO. 395-17
ACCEPTING THE LOWER BEE BRANCH CREEK FLOATING ISLAND PROJECT
AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CON-
TRACTOR
12
Whereas, the Public Improvement Contract for the Lower Bee Branch Creek Floating
Island Project (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 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
Bee Branch Creek Restoration Project appropriation for the contract amount of
$176,045.00 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 18th day of December 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE LOWER BEE
BRANCH CREEK FLOATING ISLAND PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Lower Bee Branch Creek Floating Island Project, 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 $210,938.71 .
Dated this 12th day of December, 2017.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 13th day of December, 2017.
/s/Kevin S. Firnstahl, City Clerk
25. Purchase of Property on Valley Street for Villa Street Drainage Improvements: City
Manager recommending approval to purchase real estate on Valley Street from Larry and
Debra Lyons that will be used as part of the Villa Street Drainage Improvements Project.
Upon motion the documents were received and filed and Resolution No. 396-17 Approv-
ing the acquisition of real estate owned by Lawrence G. and Debra J. Lyon in the City of
Dubuque was adopted.
RESOLUTION NO. 396-17
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY LAWRENCE G. AND
DEBRA J. LYONS, IN THE CITY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain real estate as necessary for
the Villa Street Drainage Improvements Project, which includes installation of a new trans-
verse storm sewer gate and storm sewer to alleviate street drainage issues in the 500
block of Villa Street; and
Whereas, Lawrence and Debra Lyons (the Owners) of this certain real estate have
voluntarily agreed to sell to the City of Dubuque the certain real estate legally described
as follows (the Property):
Lot 2-28 Oak Grove Addition in the City of Dubuque, Iowa; and
13
Whereas, the proposed storm sewer improvements in the Valley street area are lo-
cated partially over the Valley Street and adjacent alley right of way, and partially over
property owned by the Owners; and
Whereas, if the property is not acquired, the project will need to be redesigned and the
construction costs for an alternate route will be greater; and
Whereas, a purchase agreement has been finalized with the Owners of the real estate
scheduled for acquisition; and
Whereas, it is in the best interest of the City to acquire the Property, subject to review
of the updated abstract and title opinion by the City Attorney's Office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the City Council of the City of Dubuque, Iowa hereby approves the
Offer to Buy Real Estate and Acceptance attached hereto.
Section 2. That the City of Dubuque, through its City Attorney, be and is hereby au-
thorized to accept a Warranty Deed from the owner, conveying the owner's interest to the
City of Dubuque, Iowa for the herein described real estate.
Section 3. That the City Clerk be and is hereby authorized and directed to cause said
Warranty Deed to be recorded in the office of the Dubuque County Recorder, together
with a certified copy of this Resolution.
Passed, approved and adopted this 18th day of December 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
26. Q Casino Request for Funding Projects from Depreciation and Improvement Fund:
City Manager recommending approval of a request from Dubuque Racing Association
President Jesus M. Aviles for funding three repair projects from the Depreciation and
Improvement Fund. Upon motion the documents were received, filed and approved.
27. 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 Loras College to purchase newsroom integration software. Upon motion
the documents were received, filed and approved.
28. Signed Contracts: U.S. Department of Commerce - Economic Development Ad-
ministration Amendment to Financial Assistance Award for the Upper Bee Branch Creek
Restoration Project - Channel, Streets & Utilities Project. Upon motion the documents
were received and filed.
29. Improvement Contracts / Performance, Payment and Maintenance Bonds: Con-
nolly Construction, Inc. for the Derby Grange Road Sanitary Sewer Extension Project.
Upon motion the documents were received, filed and approved.
30. Alcohol and Tobacco License Applications: City Manager recommending approval
of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion
the documents were received and filed and Resolution No. 397-17 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
14
and Wine Licenses and Permits; and Resolution No. 398-17 Approving applications for
retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code Chapter
453A.47A were adopted.
RESOLUTION NO. 397-17
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: 1Renewals
Brazen Open Kitchen Bar 955 Washington St. Class C Liquor (Catering)
Suite 101 (Sunday)
Breezer's Pub Company 600 Central Ave. 1 Class C Liquor
Dubuque Golf& Country 1800 Randall PI. Class C Liquor, Class B Wine
Club (Outdoor) (Sunday)
Holiday Inn Dubuque Five 450 Main St. Class B Liquor (Sunday)
Flags
Hy-Vee #2 2395 NW Arterial Class E Liquor, Class B Wine,
Class C Beer (Sunday)
Y Y
Instant Replay 1602 Central Ave. Class C Liquor (Living Qtrs.)
(Sunday)
Kwik Stop Food Mart 2320 Gateway Dr. Class C Beer, Class B Native
Wine (Sunday)
Steve's Ace Home & Gar- 3350 J.F. Kennedy Rd. Class B Native Wine (Sunday)
den
The Moracco 1381 Rockdale Rd. Class C Liquor (Sunday)
United Automobile Work- 3450 Central Ave. Class B Beer, Class B Native
ers, Local #94 Wine (Sunday)
New License Privilege I
Big 10 Mart 2100 J.F. Kennedy Rd. Class E Liquor, Class B Wine,
Class C Beer (Sunday)
Passed, approved and adopted this 18th day of December 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15
RESOLUTION NO. 398-17
APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NICO-
TINE / VAPOR PERMITS, AS REQUIRED BY IOWA CODE 453A.47A
Whereas, applications for Cigarette/Tobacco Sales 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 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
following named applicants and locations for cigarette/tobacco sales permit.
Business Name Business Location
Yesway #1139 2175 Central Ave.
Passed, approved and adopted this 18th day of December, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 7-0.
1 . Master Lease Agreement with Southwestco Wireless Inc. d/b/a Verizon Wireless:
City Manager recommending that a public hearing be set for January 16, 2018, on a pro-
posed Water Tower and Ground Space Lease for Verizon to expand their capacity at the
3rd Street Water Tower at 3rd and College Streets. Upon motion Resolution No. 399-17
Intent to dispose of an interest in real property owned by the City of Dubuque by lease
between the City of Dubuque, Iowa and Southwestco Wireless, Inc. d/b/a Verizon Wire-
less was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on
January 16, 2018 in the Historic Federal Building.
RESOLUTION NO. 399-17
INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY
OF DUBUQUE BY LEASE BETWEEN THE CITY OF DUBUQUE, IOWA AND SOUTH-
WESTCO WIRELESS INC. D/B/A VERIZON WIRELESS
Whereas, the City of Dubuque, Iowa (City) owns the real property legally described as
follows:
Lots 21 , 22 and 23, Finley Home Addition to the City of Dubuque, Dubuque County,
Iowa.
and
Lot 2 in Finley Home Addition No. 2, in the City of Dubuque, Dubuque County, Iowa
(the Property), locally known as 1525 West Third Street, Dubuque, Iowa; and
Whereas, City and Southwestco Wireless Inc. d/b/a Verizon Wireless have negotiated
a proposed Water Tower & Ground Space Lease Agreement for the Property, a copy of
which Water Tower & Ground Space Lease Agreement is on file at the office of the City
16
Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa, for the installation and opera-
tion of a cellular radio-telephone communication antenna facility; and
Whereas, the City Council believes it is in the best interests of the City of Dubuque to
approve the proposed Water Tower & Ground Space Lease Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The City of Dubuque intends to dispose of its interest in the foregoing de-
scribed real property by Water Tower & Ground Space Lease Agreement between City
and Southwestco Wireless Inc. d/b/a Verizon Wireless.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution
and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing
on the City's intent to dispose of the foregoing described real property, to be held on the
16th day of January 2018, at 6:00 o'clock p.m. at the Historic Federal Building, Council
Chambers, 350 W. 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 18th day of December, 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Appointments were made to the following boards/commissions.
1 . Community Development Advisory Commission: One, 3-year term through February
15, 2020 (Vacant Low-to Moderate-Income term of Blok). Applicant: Gerald Hammel, Jr.,
1225 YZ Rhomberg Ave. Motion by Lynch to appoint Mr. Hamel to the remainder of a 3-
year term through February 15, 2020. Seconded by Connors. Motion carried 7-0.
2. Historic Preservation Commission: One, 3-year term through July 1 , 2018 (Vacant
At-Large term of Terry). Applicant: Kayla Morrison, 2175 Clarke Dr. (Qualifies as At-
Large). Motion by Lynch to appoint Ms. Morrison to the remainder of a 3-year term through
July 1 , 2018. Seconded by Connors. Motion carried 7-0.
3. Housing Board of Appeals: Two, 3-year terms through January 11 , 2021 (Expiring
terms of Gotz and Lammer-Heindel). Applicants: Mary Gotz, 1844 Bennett St.; Christoffer
Lammer-Heindel, 1145 Mt. Pleasant St. (Additional applicant). Motion by Lynch to appoint
Ms. Gotz and Mr. Lammer-Heindel to 3-year terms through January 11 , 2021 . Seconded
by Connors. Motion carried 7-0.
4. Human Rights Commission: Three, 3-year terms through January 1 , 2021 (Expiring
terms of Allen, Davis, Borovic). Applicants: Anthony Allen, Address verified within corpo-
rate city limits; Nicole Borovic, 3163 Hillcrest Rd.; Frederick Davis Jr., 176 Alpine St. #5;
and Ashley Melchert, 1265 Thomas PI. Upon roll-call vote: Allen = 7 (Connors, Buol,
Jones, Del Toro, Rios, Resnick, Lynch); Borovic = 7 (Connors, Buol, Jones, Del Toro,
Rios, Resnick, Lynch); Davis = 1 (Rios); Melchert = 6 (Connors, Buol, Jones, Del Toro,
Resnick, Lynch); Mr. Allen, Ms. Borovic, and Ms. Melchert were appointed to 3-year terms
through January 1 , 2021 .
17
5. Mediacom Charitable Foundation: One, 1-year term through December 31 , 2018
(Expiring term of Chavenelle). Applicant: Gail Chavenelle, 1155 Kelly Ln. Motion by Lynch
to appoint Ms. Chavenelle to a 1-year term through December 31 , 2018. Seconded by
Connors. Motion carried 7-0.
PUBLIC HEARINGS
1 . Vacation of Plat of Survey of Hurst Addition (Lots 1 & 2): Proof of publication on
notice of public hearing to consider approval to vacate the Plat of Survey of Lot 1 and Lot
2 of Hurst Addition, comprised of Lot 31 through Lot 36 of O'Neill's Addition in the City of
Dubuque, Iowa and the City Manager recommending approval. Motion by Lynch to re-
ceive and file the documents and adopt Resolution No. 400-17 Approving the vacation of
the Plat of Survey of Lot 1 and Lot 2 of Hurst Addition, in the City of Dubuque, Iowa, and
Approving the use of the former Legal description, namely: Lot 31 , Lot 32, Lot 33, Lot 34,
Lot 35 and Lot 36 of O'Neill's Addition in the City of Dubuque, Iowa. Seconded by Con-
nors. Motion carried 7-0.
RESOLUTION NO. 400-17
APPROVING THE VACATION OF THE PLAT OF SURVEY OF LOT 1 AND LOT 2 OF
HURST ADDITION, IN THE CITY OF DUBUQUE, IOWA, AND APPROVING THE USE
OF THE FORMER LEGAL DESCRIPTION, NAMELY: LOT 31, LOT 32, LOT 33, LOT
34, LOT 35 AND LOT 36 OF O'NEILL'S ADDITION IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a Petition of the proprietors of the property lying within the Plat of Survey of Lot 1 and Lot
2 of Hurst Addition, in the City of Dubuque, Iowa, to vacate such plat; and
Whereas, such Petition proposes that such property shall hereafter be known as Lot
31 , Lot 32, Lot 33, Lot 34, Lot 35, and Lot 36 of O'Neill's Addition in the City of Dubuque,
Iowa; and
Whereas, said Petition conforms to the laws and statutes pertaining thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the Plat of Survey of Lot 1 and Lot 2 of Hurst Addition, in the City of
Dubuque, Iowa, recorded on February 20, 2015 as Instrument No. 2015-1838 in the rec-
ords of the Dubuque County Recorder, be hereby vacated.
Section 2. That the property lying within the Plat of Survey of Lot 1 and Lot 2 of Hurst
Addition, in the City of Dubuque, Iowa, be hereafter known by its previous legal descrip-
tion, namely Lot 31 , Lot 32, Lot 33, Lot 34, Lot 35, and Lot 36 of O'Neill's Addition in the
City of Dubuque, Iowa.
Section 3. That the City Clerk be and is hereby authorized and directed to file a certified
copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa.
Passed, approved and adopted this 18th day of December 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18
ACTION ITEMS
1 . Greater Dubuque Development Corporation - Quarterly Report: President and CEO
Rick Dickinson, 900 Jackson Street, presented the quarterly update on the activities of
the Greater Dubuque Development Corporation. Motion by Lynch to receive and file the
information. Seconded by Connors. Motion carried 7-0. Topics included the GDDC
monthly newsletter that can be viewed from the GDDC webpage or received by subscrib-
ing to the e-mail list; Awards and recognition of Greater Dubuque 2022 five-year plan,
Opportunity Dubuque workforce solutions program, Flexsteel new facility groundbreaking
with November 2018 completion date; launched 2016-2017 Info Action compilation of
face-to-face business consultations; Human Resources Action consultation results; Start
Up Dubuque partnership FY16-17 report; Cottingham & Butler expansion; Universal Tank
growth in the Dubuque Industrial Center; DubuqueWorks Five-Year Strategy 2017-2022
and partnerships; McFadden property site-certification as development ready; 2017 Skills
Gap Analysis announcement; Launched Leadership Committee; broadband services ex-
pansion and infrastructure investment; and the January 16, 2018 breakfast with broad-
band vendors. Mr. Dickinson thanked outgoing Council Member Joyce Connors and
Kevin Lynch for their service, sacrifices and support throughout their terms on the City
Council.
2. Contracted Services Agreement Amendment with Travel Dubuque / Convention and
Visitors Bureau for Sister City Activities: City Manager recommending approval of an
amendment to the Contracted Services Agreement with Travel Dubuque / Convention
and Visitors Bureau related to transitioning Sister City activities to Travel Dubuque. Mo-
tion by Connors to receive and file the documents and adopt Resolution No. 401-17 Ap-
proving an Amended Agreement between the City of Dubuque, Iowa and Dubuque Area
Convention and Visitors Bureau. Seconded by Jones. City Attorney Brumwell clarified the
legal name of the agency is still the Convention and Visitors Bureau it is d/b/a Travel
Dubuque.
RESOLUTION NO. 401-17
APPROVING AN AMENDED AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND DUBUQUE AREA CONVENTION AND VISITORS BUREAU
Whereas, in its current form as a City of Dubuque commission, the Sister City Com-
mission's actions are often restricted by governmental requirements pertaining to such
things as finances, travel, and membership residency; and
Whereas, over the past year, Sister City Commission members have discussed tran-
sitioning the Commission's activities to a not-for-profit organization to better execute and
broaden the Commission's activities; and
Whereas, a majority of other similar Sister City program activities are provided by not-
for-profit organizations; and
Whereas, Travel Dubuque, formerly known as the Dubuque Area Convention and Vis-
itors Bureau, has been identified as the appropriate local not-for-profit organization that
would benefit from and promote the Sister City program activities; and
Whereas, Travel Dubuque has approved the attached Amended Agreement between
the City of Dubuque and Travel Dubuque/Dubuque Area Convention and Visitors Bureau
for Fiscal Year 2018, which includes Sister City Commission program activities.
19
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The Amended Agreement between the City of Dubuque, Iowa and Travel
Dubuque/Dubuque Area Convention Visitors Bureau for Fiscal Year 2018 is hereby ap-
proved.
Passed, approved, and adopted the 18th day of December 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Code of Ordinances Amendment - Title 2 Repealing Sister City Relationships Advi-
sory Commission: City Manager recommending adoption of an amendment to the City of
Dubuque Code of Ordinances officially repealing the Sister City Relationships Advisory
Commission contingent upon City Council approval of an amendment to the Travel Dubu-
que Contracted Services Agreement. Motion by Jones to receive and file the documents
and that the requirement that a proposed ordinance be considered and voted on for pas-
sage at two Council meetings prior to the meeting at which it is to be passed be sus-
pended. Seconded by Lynch. The City Clerk acknowledged Council Members Connors
and Lynch, Sister City Commissioners (some were present) and the Travel Dubuque staff
who were present for their support of Sister City activities. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 46-17 Repealing
Ordinance No 59-10 which established the Sister City Relationships Advisory Commis-
sion. Seconded by Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 46-17
REPEALING ORDINANCE NO. 59-10 WHICH ESTABLISHED THE SISTER CITY RE-
LATIONSHIPS ADVISORY COMMISSION
Whereas, Ordinance No. 59-10, now Title 2, Chapter 9 of the City of Dubuque Code of
Ordinances, established the Sister City Relationships Advisory Commission; and
Whereas, in its current form as a City of Dubuque commission, the Sister City Com-
mission's actions are often restricted by governmental requirements pertaining to such
things as finances, travel, and membership residency; and
Whereas, over the past year, Sister City Commission members have discussed tran-
sitioning the Commission's activities to a not-for-profit organization to better execute and
broaden the Commission's activities; and
Whereas, a majority of other similar Sister City program activities are provided by not-
for-profit organizations; and
Whereas, Travel Dubuque, formerly known as the Dubuque Area Conventional Visitors
Bureau, has been identified as the appropriate local not-for-profit organization that would
benefit from and promote the Sister City program activities; and
Whereas, the City of Dubuque and Travel Dubuque have approved an Amended
Agreement between the City of Dubuque and Travel Dubuque/Dubuque Area Conven-
tional Visitors Bureau for Fiscal Year 2018, which includes Sister City Commission pro-
gram activities; and
Whereas, the City Council has approved the Amended Agreement between the City of
Dubuque and Travel Dubuque/Dubuque Area Conventional Visitors Bureau for Fiscal
Year 2018, and the Sister City Relationships Advisory Commission is no longer needed.
20
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . Ordinance No. 59-10, now Title 2, Chapter 9 of the City of Dubuque Code
of Ordinances, is hereby repealed.
Passed, approved, and adopted the 18th day of December 2017.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published in the Telegraph Herald Newspaper on the 22nd day of December 2017.
/s/Kevin S. Firnstahl, City Clerk
4. Request for Work Session - Travel Dubuque / Convention and Visitors Bureau:
Travel Dubuque President & CEO Keith Rahe requests City Council approval to schedule
the annual Travel Dubuque City budget work session for Monday, February 5, 2018 at
5:30 p.m. Motion by Connors to receive and file the documents and schedule the work
session as recommended providing the Council Members-Elect were available on that
date. Seconded by Jones. Motion carried 7-0.
5. Code of Ordinances Amendment - Title 8 Human Rights - Unfair and Discriminatory
Practices: City Manager recommending approval of an ordinance which amends City of
Dubuque Code of Ordinances, Section 8-3-4: Credit, to mirror Iowa Code and include
familial status as a protected class for credit discrimination purposes. 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 carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 47-17 Amend-
ing City of Dubuque Code of Ordinances Title 8 Human Rights, Chapter 3, Unfair and
Discriminatory Practices, Section 8-3-4. Seconded by Lynch. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 47-17
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 8 HUMAN RIGHTS,
CHAPTER 3 UNFAIR AND DISCRIMINATORY PRACTICES, SECTION 8-3-4
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . Section 8-3-4 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
8-3-4: CREDIT:
It shall be an unfair or discriminatory practice for any:
A. Creditor to refuse to enter into a consumer credit transaction or impose finance
charges or other terms or conditions more onerous than those regularly extended by
that creditor to consumers of similar economic backgrounds and current situations be-
cause of age, color, creed, national origin, race, religion, marital status, sex, physical
disability, sexual orientation, familial status, or gender identity.
B. Person authorized or licensed to do business in this state pursuant to chapters
524, 533, 534, 536, or 536A of the code of Iowa to refuse to loan or extend to persons
of similar economic backgrounds because of age, color, creed, national origin, race,
21
religion, marital status, sex, physical disability, sexual orientation, familial status, or
gender identity.
C. Creditor to refuse to offer credit life or health and accident insurance because of
color, creed, national origin, race, religion, marital status, age, physical disability, sex,
sexual orientation, familial status, or gender identity. Refusal by a creditor to offer credit
life or health and accident insurance based upon the age or physical disability of the
consumer shall not be an unfair or discriminatory practice if such denial is based solely
upon bona fide underwriting considerations not prohibited by the code of Iowa or United
States code.
D. The provisions in this section shall not be construed by negative implications or
otherwise to narrow or restrict any other provisions of this title.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved, and adopted this 18th day of December 2017.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 22nd day of December
2017.
/s/Kevin S. Firnstahl, City Clerk
6. Request for Proposal - East-West Corridor Preliminary Engineering Design - Pro-
fessional Consultant Services: City Manager recommending approval to initiate the Re-
quest for Proposals process to seek professional consultant services to complete the
Preliminary Engineering Design and NEPA/Environmental Study Phase to advance the
development of the East-West Corridor Capacity Improvements along University Avenue
at the intersections at Loras Boulevard, Asbury Road, and at Pennsylvania Avenue. Mo-
tion by Lynch to receive and file the documents and approve the recommendation. Se-
conded by Connors. Motion carried 7-0.
7. AECOM Technical Services, Inc.- SW Arterial Consultant Supplemental Agreement
No. 19: City Manager recommending authorization to execute a supplemental agreement
with AECOM Technical Services, Inc., which approves revisions to the original scope of
services to the Consultant Professional Services Contract to perform final engineering
design to complete the 4-lane construction of the Southwest Arterial Project, subject to
the concurrence of the Iowa Department of Transportation. Motion by Connors to receive
and file the documents and adopt Resolution No. 402-17 Approving the Consultant Pro-
fessional Services - Supplemental Agreement No. 19 between the City of Dubuque and
AECOM Technical Services, Inc. to perform final engineering design to complete the 4-
lane construction of the Southwest Arterial Project. Seconded by Lynch. Motion carried
7-0.
RESOLUTION NO. 402-17
APPROVING THE CONSULTANT PROFESSIONAL SERVICES-SUPPLEMENTAL
AGREEMENT NO. 19 BETWEEN THE CITY OF DUBUQUE AND AECOM TECHNICAL
SERVICES, INC. TO PERFORM FINAL ENGINEERING DESIGN TO COMPLETE THE
4-LANE CONSTRUCTION OF THE SOUTHWEST ARTERIAL PROJECT
Whereas, the City of Dubuque is proceeding with the Southwest Arterial Project, from
U.S. Highway 20 to U.S. Highway 61/151 , in Dubuque, Iowa; and
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Whereas, in effort to keep the project development on schedule while preparing to
incorporate the remaining 4-lane construction phases should the additional funding be
approved in the upcoming Iowa 5-Year Transportation Improvement Program, both the
City and the Iowa DOT have agreed that AECOM should immediately proceed with com-
pleting the final engineering design for the remaining (2) bridges and the remaining 2-
lane paving; and
Whereas, the Consultant Professional Services - Supplemental Agreement No. 19 in-
cludes revisions to the original scope of services to reflect the remaining anticipated level
of effort required to complete the final engineering design for the 4-lane construction of
the Southwest Arterial Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That said Consultant Professional Services - Supplemental Agreement No.
19 between the City of Dubuque and AECOM Technical Services, Inc. to perform final
engineering design to complete the 4-lane construction of the Southwest Arterial Project
is hereby approved, subject to the concurrence of the Iowa Department of Transportation.
Section 2. That the City Manager be authorized and directed to execute three copies
of said Consultant Professional Services - Supplemental Agreement No. 19 with AECOM
Technical Services, Inc. to perform final engineering design to complete the 4-lane con-
struction of the Southwest Arterial Project.
Passed, approved and adopted this 18th day of December 2017.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Fiscal Year 2019 Budget and Fiscal Policy Guidelines: City Manager recommending
adoption of the Fiscal Year 2019 Budget Policy Guidelines. Motion by Connors to receive
and file the documents and approve the recommendation. Seconded by Jones. City Man-
ager Van Milligen provided a brief slide presentation on the budget process, and about
issues impacting the Fiscal Year 2019 budget including elimination of property tax backfill
at the state level; evaluating the freezing, unfreezing or elimination of several City posi-
tions; and debt reduction strategy. Mr. Van Milligen responded to questions from the City
Council regarding utility rates that will be determined later in the budget process, increas-
ing the City's financial reserves, reflecting the percentage of debt reduction to include
debt amounts that do not impact the statutory debt limit, and delaying presentation of the
Policy Guidelines until January to help inform newly elected Council Members. Motion
carried 6-1 with Rios voting nay.
COUNCIL MEMBER REPORTS
Council Member Resnick suggested considering creating a policy or procedure regard-
ing the City Council membership and representation on various boards and commissions
to facilitate change and learning. Council Member Connors stated that despite annual
discussion of appointments, it's important for all Council Members to step up and offer
their seats to other Council Members.
Outgoing Council Members Connors and Lynch thanked their families, City staff and
citizens for their support during their tenure on the City Council and wished Council Mem-
bers-Elect Kate Larson and Brett Shaw good luck.
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Mayor Buol, on behalf of the City Council, expressed his appreciation for Ms. Connors'
and Mr. Lynch's years of service that helped make Dubuque the community it is today.
There being no further business, upon motion the City Council adjourned at 7:15 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
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