1 16 18 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 January 16, 2018 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol (via phone), Mayor Pro Tem Resnick; Council Members Del Toro,
Jones, Larson, Shaw; City Manager Van Milligen, City Attorney Brumwell
Absent: Council Member Rios
Mayor Pro Tem Resnick 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 be-
fore the City Council.
PLEDGE OF ALLEGIANCE
CONSENT ITEMS
Motion by Jones to receive and file the documents, adopt the resolutions, and dispose
of as indicated. Seconded by Del Toro. Council Member Shaw requested #s 6, 19, and
20 be held for separate discussion; and Council Member Larson requested #17 be held
for separate discussion. Motion carried 6-0.
1 . Minutes and Reports Submitted: Cable TV Commission of 1/3/18; City Council Pro-
ceedings of 1/3/18; Historic Preservation Commission of 12/21/17; Library Board of Trus-
tees of 11/16/17; Park and Recreation Commission of 12/12/17; Resilient Community
Advisory Commission of 11/2/17, 12/7/17; Zoning Advisory Commission of 12/6/17,
1/3/18; Zoning Board of Adjustment of 12/21/17; Proofs of Publication for City Council
Proceedings of 12/18/17 and List of Claims/Summary of Revenues for Month Ending
11/30/17. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Merlyn Atkinson for property damage; Mary Coan for
personal injury; Elizabeth Wallace 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: Merlyn Atkinson for property damage; Mary Coan for personal injury; Eliz-
abeth Wallace for vehicle damage. Upon motion the documents were received, filed, and
concurred.
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4. Eagle Point Park Historic District Listed on National Register of Historic Places: Cor-
respondence from the Iowa Department of Cultural Affairs informing the City that the Ea-
gle Point Park Historic District has been listed in the National Register of Historic Places
effective November 27, 2017. Upon motion the documents were received and filed.
5. Marquette Hall National Register of Historic Places Nomination: Historic Preserva-
tion Commission approval of an application to the State Nominations Review Committee
for the Iowa Department of Cultural Affairs requesting that Marquette Hall be listed on the
National Register of Historic Places. Upon motion the documents were received and filed.
6. Jule Transit Annual Report for Fiscal Year 2017: City Manager transmitting the Jule's
Annual Report for Fiscal Year 2017. Motion by Shaw to receive and file the documents.
Seconded by Del Toro. Council Member Shaw recognized the efforts of the Transit De-
partment and the Transit Advisory Board and highlighted their successes. Motion carried
6-0.
7. Civil Service Commission - Certified Lists: Civil Service Commission submitting the
Certified List for the position of Bus Operator and Assistant Fire Marshal. Upon motion
the documents were received, filed and made a Matter of Record.
December 20, 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 Bus Operator was administered on December 5, 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.
Bus Operator
1 . Linda Lentner, 2. Latisha McKnight, 3. Laura Redding, 4. Gerald Cullen, 5. Mark
Welbes, 6. Ryan Elliott, 7. Peter Herrig, 8. Gary Meyer, 9. Robert Giers, 10. Tim McGinnis
Eligible Employee: Justin Licht
Respectfully submitted,
/s/Dan White, Chairman
Civil Service Commission
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December 20, 2017
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the position
of Assistant Fire Marshal was given on December 6, 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 two (2) years from above
date.
Assistant Fire Marshal
1 . Kevin Esser, 2. Derek Paulson
Respectfully submitted,
/s/Dan White, Chairperson
Civil Service Commission
8. Community Catalyst Building Remediation Grant: City Manager recommending ap-
proval of the submission of an application to the Iowa Economic Development Authority's
Community Catalyst Building Remediation Grant Program for the Creative Adventure Lab
Project at 210 Jones Street. Upon motion the documents were received, filed and ap-
proved.
9. Certified Local Government (CLG) Grant Agreement for Historic Preservation Com-
mission Scholarships: City Manager recommending adoption of a resolution approving
the CLG grant agreement and authorizing the Mayor to sign on behalf of the City to re-
ceive the scholarships that enable at least four Historic Preservation Commission mem-
bers to attend the 2018 National Alliance of Preservation Commissions Biennial Forum.
Upon motion the documents were received and filed and Resolution No. 7-18 Authorizing
CLG Grant Agreement with State Historic Preservation Office for Scholarships for Historic
Preservation Commissioners to attend National Preservation Conference was adopted.
RESOLUTION NO. 7-18
AUTHORIZING CLG GRANT AGREEMENT WITH STATE HISTORIC PRESERVATION
OFFICE FOR SCHOLARSHIPS FOR HISTORIC PRESERVATION COMMISSIONERS
TO ATTEND NATIONAL PRESERVATION CONFERENCE
Whereas, the State Historic Preservation Office has awarded Certified Local Govern-
ment (CLG) grant funds to the City of Dubuque for scholarships for Historic Preservation
Commissioners to attend the 2018 national preservation conference in Des Moines; and
Whereas, as a Certified Local Government the City of Dubuque has agreed to provide
for annual education and training for Historic Preservation Commissioners.
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 CLG Grant Agreement
with the State Historic Preservation Office in the amount of $3,000 for scholarships for
Historic Preservation Commissioners to attend the 2018 National Alliance of Preservation
Commissions biennial FORUM to be held in Des Moines, Iowa on July 18 - 22, 2018.
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Section 2. The Planning Services Manager hereby authorized to serve as project man-
ager in accordance with state requirements.
Passed, approved and adopted this 16th day of January 2018.
David T. Resnick, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
10. Approval of Plat of Easement for Public Utilities and Bike/Hike Trail: City Manager
recommending approval of a Plat of Easement for Public Utilities and a Bike/Hike Trail
over a portion of City-owned property at 460 East 18th Street as part of the Metx, LLC
Renovation Project. Upon motion the documents were received and filed, and Resolution
No. 8-18 Approving a Plat of Easement for Public Utility and Bike Train located in part of
Lot 1 of Marde Place in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 8-18
APPROVING A PLAT OF EASEMENT FOR PUBLIC UTILITY AND BIKE TRAIL LO-
CATED IN PART OF LOT 1 OF MARDE PLACE IN THE CITY OF DUBUQUE, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat of easement for public utility and bike trail dated the 20th day of December 2018,
prepared by IIW, P.C. showing a permanent public utilities and bike/hike trail easement
located in part of Lot 1 of Marde Place in the City of Dubuque, Iowa; and
Whereas, per the Development Agreement between the City of Dubuque and Metx,
LLC dated October 12, 2017, the easement area is being reserved for public utilities and
a public bike/hike trail to be constructed and maintained by the City of Dubuque, and
Whereas, said plat of easement 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 easement dated the 20th day of December 2017, prepared
by IIW, P.C. relative to the real estate hereinabove described be and the same is hereby
approved, and the Mayor and City Clerk be, and they are hereby authorized and directed
to execute said plat of easement for and on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby authorized and directed to file said plat
of easement and certified copy of this resolution in the office of the Recorder in and for
Dubuque County, Iowa.
Passed, approved and adopted this 16th day of January 2018.
David T. Resnick, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
11 . Acceptance Grant of Easement for Bike/Hike Trail: City Manager recommending
acceptance of a Grant of Easement for a Bike/Hike Trail over a portion of vacated East
17th Street as part of the Metx, LLC Renovation Project. Upon motion the documents
were received and filed and Resolution No. 9-18 Accepting a Grant of Easement from
Metz Development, LLC for a Bike/Hike Trail was adopted.
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RESOLUTION NO. 9-18
ACCEPTING A GRANT OF EASEMENT FROM METZ DEVELOPMENT, LLC FOR A
BIKE/HIKE TRAIL
Whereas, the City of Dubuque entered into an agreement with Metx, LLC for develop-
ment of property including property legally described as:
Lot 176A of East Dubuque addition; at and adjacent to 1690 Elm Street for a medical
campus, including the Crescent Community Health Center; and
Whereas, the Developer has agreed to provide easements to the City for utilities and
a proposed bike/hike trail on portions of the property; and
Whereas, accepting the easement allows the City to continue its work of connecting
the northern portions of Heritage Trail along the Bee Branch to the more southern portions
of the Trail, and to the Trail along the Peosta Channel.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA AS FOLLOWS:
1 . The Grant of Easement for Bike/Hike Trail attached hereto is hereby accepted.
2. The City Clerk is authorized and directed to record this resolution and the Grant of
Easement with the Dubuque County Recorder.
Passed, approved and adopted this 16th day of January 2018.
David T. Resnick, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
12. Plat of Survey Cedar Lake - East 12th Addition: Zoning Advisory Commission rec-
ommending approval of the Plat of Survey for Cedar Lake - East 12th Addition subject to
waiving the lot frontage requirement for Lot 1 . Upon motion the documents were received
and filed and Resolution No. 10-18 Approving the Plat of Survey Cedar Lake - East 12th
Addition in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 10-18
APPROVING THE PLAT OF SURVEY CEDAR LAKE - EAST 12TH ADDITION IN CITY
OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey Cedar Lake — East
12th Addition in the city of Dubuque, Iowa; and
Whereas, said Plat of Survey provides 32.64 feet of frontage for Lot 1 on a public or
approved private street, where 50 feet of 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 32.64 feet of frontage on a public street or
an approved private street for Lot 1 .
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Section 2. That the Plat of Survey Cedar Lake — East 12th Addition 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 16th day of January 2018.
David T. Resnick, Mayor Pro Tern
Attest: Kevin S. Firnstahl, City Clerk
13. Plat of Survey - Mississippi Heights Subdivision No. 6: Zoning Advisory Commis-
sion recommending approval of the Plat of Survey Mississippi Heights Subdivision No. 6
subject to waiving the lot frontage requirement for Lot 3. Upon motion the documents
were received and filed and Resolution No. 11-18 Approving the Plat of Survey Missis-
sippi Heights Subdivision No. 6 in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 11-18
APPROVING THE PLAT OF SURVEY MISSISSIPPI HEIGHTS SUBDIVISION NO. 6 IN
CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Plat of Survey Mississippi Heights
Subdivision No. 6 in the city of Dubuque, Iowa; and
Whereas, said Plat of Survey provides 24.68 feet of frontage for Lot 3 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 24.68 feet of frontage on a public street or
an approved private street for Lot 3.
Section 2. That the Plat of Survey Mississippi Heights Subdivision No. 6 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 16th day of January 2018.
David T. Resnick, Mayor Pro Tern
Attest: Kevin S. Firnstahl, City Clerk
14. Acceptance of Lot C and Lot D South Pointe Subdivision: City Manager recom-
mending acceptance of Lot C and Lot D of South Pointe Subdivision in the City of Dubu-
que, Iowa. Upon motion the documents were received and filed and Resolution No. 12-
18 Accepting Lot C and Lot D of South Pointe Subdivision, in the City of Dubuque, Iowa
was adopted.
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RESOLUTION NO. 12-18
ACCEPTING LOT C AND LOT D OF SOUTH POINTE SUBDIVISION, IN THE CITY OF
DUBUQUE, IOWA
Whereas, Lot C and Lot D (Storm Water Detention), Lot F (Rockdale Road), Lot G
(South Pointe Drive), Lot N (Waterbridge Lane), Lot 0 (Cedar Trail Drive), Lot P (Summit
Hill Drive), and Lot Q (Whisper Woods Lane) of the Final Plat of South Pointe Subdivision
in the City of Dubuque, Iowa were dedicated to the public for the described purposes; and
Whereas, Pursuant to Resolution No. 211-17, Lot F (Rockdale Road), Lot G (South
Pointe Drive), Lot N (Waterbridge Lane), Lot 0 (Cedar Trail Drive), Lot P (Summit Hill
Drive), and Lot Q (Whisper Woods Lane), of the Final Plat of South Pointe Subdivision in
the City of Dubuque, Iowa were accepted by the City of Dubuque for the described pur-
poses.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the City of Dubuque wishes to now accept the dedication of Lot C and
Lot D of the Final Plat of South Pointe Subdivision for the purposes of owning and main-
taining the storm water detention facilities on said Lot C and Lot D.
Section 2. That the dedication of Lot C and Lot D of the Final Plat of South Pointe
Subdivision in the City of Dubuque, Iowa, is hereby accepted.
Passed, adopted and approved this 16th day of January 2018.
David T. Resnick, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
15. Notice of Renewal of Highway 20 Corridor Preservation Zone: Correspondence
from the Iowa Department of Transportation notifying the City that the IDOT proposes to
renew corridor preservation for a segment of U.S. 20 In Dubuque County from the Peosta
interchange east to the Crescent Ridge intersection. Upon motion the document was re-
ceived and filed.
16. Grand River Center Electric Floor Box Replacement Award: City Manager recom-
mending that the award for the Grand River Center Electric Floor Box Replacement Pro-
ject to Westphal & Co., Inc. be officially recorded in the minutes of the City Council. Upon
motion the documents were received, filed and made a Matter of Record.
17. Roosevelt Street Water Tower Project (Pressure Zone 2) Planning and Design En-
gineering Firm Selection: City Manager recommending approval to enter into final con-
tract negotiations with IIW, P.C. to provide the professional engineering services to de-
velop the preliminary engineering report, intended use plan application, archeological and
environmental assessments, and the self-assessment Iowa Water System Viability doc-
uments in support of obtaining the necessary funding for the Roosevelt Street Water
Tower Project. Motion by Larson to receive and file the documents and approve the rec-
ommendation. Seconded by Del Toro. Responding to questions from the City Council,
Water Department Manager Denise Ihrig stated that low water pressure issues are being
worked on, and that this project might help identify city-wide water pressure issues
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through the development of a hydraulic distribution model. Ms. Ihrig added that she is not
aware of any plans to expand the shoulder along Roosevelt Street that would aid children
walking to school as a water main already exists there. She will inform other staff regard-
ing the issue. Motion carried 6-0.
18. Grand River Center North Parking Lot Repair Project Award: City Manager recom-
mending that the award for the Grand River Center North Parking Lot Repair Project to
Drew Cook & Sons Excavating be officially recorded in the minutes of the City Council.
Upon motion the documents were received, filed and made a Matter of Record.
19. IDOT ICAAP Funding Agreement University and Grandview Roundabout: City
Manager authorization for the Mayor to execute a Funding Agreement with the Iowa De-
partment of Transportation for an Iowa's Clean Air Attainment Program (ICAAP) Grant to
assist with the construction of a proposed roundabout at the University Avenue and
Grandview Avenue intersection. Motion by Shaw to receive and file the documents and
adopt Resolution No. 13-18 Approving a Funding Agreement (6-17-ICAAP-09) with the
Iowa Department of Transportation for an Iowa's Clean Air Attainment Program to assist
with the construction of a proposed roundabout at University Avenue and Grandview Av-
enue. Seconded by Jones. Council Member Shaw acknowledged the work by staff to
secure grants to cover a large portion of projects costs and pointed out that this project
will cause a Jule Transit bus stop to be temporarily relocated. Motion carried 6-0.
RESOLUTION NO. 13-18
APPROVING A FUNDING AGREEMENT (6-17-ICAAP-09) WITH THE IOWA DEPART-
MENT OF TRANSPORTATION FOR AN IOWA'S CLEAN AIR ATTAINMENT PRO-
GRAM TO ASSIST WITH THE CONSTRUCTION OF A PROPOSED ROUNDABOUT
AT UNIVERSITY AVENUE AND GRANDVIEW AVENUE
Whereas, the increasing growth of traffic volumes, along with operational and safety
concerns, at North Grandview Avenue and University Avenue in the City of Dubuque
could be improved by a roundabout; and
Whereas, the City of Dubuque has determined that improvements to this intersection,
as recommended by the Iowa Department of Transportation Office of Traffic Safety, will
improve traffic flow; and
Whereas, the total cost for these improvements is estimated at $1 ,241 ,842.00. The
Iowa's Clean Air Attainment Program Grant will fund $264,842.00 of this project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1 . That said Iowa's Clean Air Attainment Program Grant funding will be used
within the City of Dubuque to assist with the construction of a proposed roundabout at
University Avenue and Grandview Avenue intersection is hereby approved.
Section 2. That the Mayor be authorized and directed to execute two copies of said
Funding Agreement for the Iowa's Clean Air Attainment Program Grant funding that will
be used within the City of Dubuque to assist with the construction of a proposed rounda-
bout at University Avenue and Grandview Avenue intersection.
Passed, approved and adopted this 16th day of January 2018.
David T. Resnick, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
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20. IDOT Surface Transportation Project (STP) Funding Agreement University and
Grandview Roundabout: City Manager recommending authorization for the Mayor to ex-
ecute a Funding Agreement with the Iowa Department of Transportation for a Surface
Transportation (STP) Block Grant to assist with the construction of a proposed rounda-
bout at the University Avenue and Grandview Avenue intersection. Motion by Shaw to
receive and file the documents and adopt Resolution No. 14-18 Approving a Funding
Agreement (6-17-STPU-30) with the Iowa Department of Transportation for a Surface
Transportation Block Grant Program to assist with the construction of a proposed round-
about at University Avenue and Grandview Avenue. Seconded by Larson. Council Mem-
ber Shaw included this topic with his discussion of Item #19. Motion carried 6-0.
RESOLUTION NO. 14-18
APPROVING A FUNDING AGREEMENT (6-17-STPU-30) WITH THE IOWA DEPART-
MENT OF TRANSPORTATION FOR A SURFACE TRANSPORTATION BLOCK
GRANT PROGRAM TO ASSIST WITH THE CONSTRUCTION OF A PROPOSED
ROUNDABOUT AT UNIVERSITY AVENUE AND GRANDVIEW AVENUE
Whereas, the increasing growth of traffic volumes, along with operational and safety
concerns, at North Grandview Avenue and University Avenue in the City of Dubuque
could be improved by a roundabout; and
Whereas, the City of Dubuque has determined that improvements to this intersection,
as recommended by the Iowa Department of Transportation Office of Traffic Safety, will
improve traffic flow; and
Whereas, the total cost for these improvements is estimated at $1 ,241 ,842.00. The
Surface Transportation Block Grant program will fund $200,000.00 of this project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1 . That said Surface Transportation Block Grant funding will be used within the
City of Dubuque to assist with the construction of a proposed roundabout at University
Avenue and Grandview Avenue intersection is hereby approved.
Section 2. That the Mayor be authorized and directed to execute two copies of said
Funding Agreement for the Surface Transportation Block Grant funding that will be used
within the City of Dubuque to assist with the construction of a proposed roundabout at
University Avenue and Grandview Avenue intersection.
Passed, approved and adopted this 16th day of January 2018.
David T. Resnick, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
21 . Request for Proposals - Valentine Park SRF Project: City Manager recommending
approval of the release of a Request for Proposals for qualified consulting services to
implement a Catfish Creek Watershed State Revolving Loan Fund (SRF) award for the
Valentine Park SRF Project. Upon motion the documents were received, filed and ap-
proved.
22. Signed Contract: Fehr Graham Engineering and Environmental Professional Ser-
vices agreement related to Creek Wood Park design and construction management ser-
vices. Upon motion the document was received and filed.
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23. 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. 15-18 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. 15-18
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:
Renewals
Backpocket Brewing Taproom 333 E. 10th St. t Class C Liquor (Catering) (Out-
door) (Sunday)
RMN Lounge, LLC 481 Locust St. Class C Liquor (Outdoor) (Sun-
day)
Best Western Plus Dubuque 3100 Dodge St. Class B Liquor (Catering) (Out-
Hotel /Champps Americana door) (Sunday)
Awn Stop Mart, Inc. 1998 Jackson St. Class C Beer (Sunday)
New
Millwork Marketplace 333 E. 10th St. Class C Liquor (Catering) (Out-
door) (Sunday)
Special Event
Catfish Charlie's (6 Month) 145 Crescent Class B Beer
Ridge
Passed, approved and adopted this 16th day of January 2018.
David T. Resnick, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
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ITEMS SET FOR PUBLIC HEARING
Motion by Jones to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Del Toro. Motion carried 6-0.
1 . Community Development Block Grant Fiscal Year 2019 Annual Action Plan: City
Manager recommending that the City Council set a public hearing for review of the Com-
munity Development Block Grant Annual Action Plan for February 12, 2018, in conjunc-
tion with the Housing and Community Development Department's budget hearing. Upon
motion the documents were received and filed and Resolution No. 16-18 Setting a public
hearing on the Fiscal Year 2019 (Program Year 2018) Community Development Block
Grant (CDBG) Annual Action Plan was adopted, setting a public hearing for a meeting to
commence at 6:00 p.m. on February 12, 2018 in the Historic Federal Building.
RESOLUTION NO. 16-18
SETTING A PUBLIC HEARING ON THE FISCAL YEAR 2019 (PROGRAM YEAR 2018)
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN
Whereas, the City of Dubuque has prepared a proposed Annual Action Plan for the
use of Community Development Block Grant funds for inclusion in the City Budget; and
Through a series of public meetings and hearings, finalized a Fiscal Year 2019 (Pro-
gram Year 2018) Community Development Block Grant Annual Action Plan addressing
both housing and non-housing needs in the community will be prepared for submission
to the U.S. Department of Housing and Community Development; and
Whereas, copies of the draft Fiscal Year 2019 (Program Year 2018) CDBG Annual
Action Plan will be available for public comment for 30 days prior to City Council action;
and
Whereas, the City's Community Development Advisory Commission has reviewed and
provided comment on said plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the City Council will meet in the Historic Federal Building, Council
Chambers, 2nd Floor, 350 West 6th Street, Dubuque, Iowa at 6:00 p.m. on February 12,
2018 for the purpose of holding a public hearing and taking action to include the Fiscal
Year 2019 (Program Year 2018) Community Development Block Grant Annual Action
Plan in the City Budget.
Section 2. That the City Clerk be and is hereby authorized and directed to publish a
notice of such public hearing and the City Council's intent to review and take action on
the Fiscal Year 2019 (Program Year 2018) Community Development Block Grant Annual
Plan.
Passed, approved and adopted this 16th day of January 2018.
David T. Resnick, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
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BOARDS/COMMISSIONS
Applicants were invited to address the City Council about their desire to serve on the
following Boards and Commissions.
1 . Community Development Advisory Commission: Two, 3-year terms through Febru-
ary 15, 2021 (Expiring At-Large term of Wainwright and Low-/Moderate-Income Area
Term of Woodyard). Applicants: Thomas Wainwright, 1788 Lori St. (Qualifies as At-
Large); Julie Woodyard, 2015 Washington St. (Qualifies as Low-/Moderate-Income Area).
Appointment was made to the following Commission.
2. Parks and Recreation Advisory Commission: One, 3-year term through June 30,
2019 [corrected] (Vacant term of Larson). Applicants: Adam Babinat, 54 Milwaukee St.;
Kim Daykin, 275 Southgate Dr. (Additional Applicant); Daniel Rothert, 85 Freemont Ave.;
Ray Werner, 2595 Greeley St.; Luke Roth, 904 Barbaralee Dr. (Application pulled at Mr.
Roth's request.). Upon roll-call vote of: Babinat = 0; Daykin = 0; Rothers = 2 (Del Toro,
Resnick); and Werner = 4 (Jones, Larson, Buol and Shaw), Mr. Werner was appointed to
the remainder of a 3-year term through June 30, 2019 [corrected].
PUBLIC HEARINGS
1 . Master Lease Agreement with Southwestco Wireless, Inc. d/b/a Verizon Wireless:
Proof of publication on notice of public hearing to consider approval of a Water Tower
and Ground Space Lease for Southwestco Wireless, Inc. d/b/a Verizon Wireless to ex-
pand their capacity at the 3rd Street Water Tower at 3rd Street and College Street and the
City Manager recommending approval. Motion by Del Toro to receive and file the docu-
ments and adopt Resolution No. 17-18 Approving the Disposal of an interest in real prop-
erty owned by the City of Dubuque by lease between the City of Dubuque, Iowa and
Southwestco Wireless, Inc. d/b/a Verizon Wireless. Seconded by Jones. Motion carried
6-0.
RESOLUTION NO. 17-18
APPROVING THE DISPOSAL 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 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
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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, on January 16, 2018, the City Council pursuant to notice published as re-
quired by law held a public hearing on its intent to dispose of the foregoing interest in real
property and overruled all objections thereto; 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 Water Tower & Ground Space Lease Agreement between the City and
Southwestco Wireless Inc. d/b/a Verizon Wireless is hereby approved and the City Man-
ager is authorized to execute said Water Tower & Ground Space Lease Agreement on
behalf of the City of Dubuque.
Passed, approved and adopted this 16th day of January 2018.
David T. Resnick, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
2. Metx, LLC, - Vacating Petition for Alley Right-of-Way: Proof of publication on notice
of public hearing to consider approval of the vacate and disposal of the property to be
known as Lot 175A of East Dubuque Addition to the City of Dubuque, Iowa as part of the
Metx, LLC Renovation Project at 1690 Elm Street and the City Manager recommending
approval. Motion by Jones to receive and file the documents and adopt Resolution No.
18-18 Vacating the right-of-way of the 20-foot alley between Elm Street and Pine Street
and lying north of East 17th Street and south of East 18th Street, in the City of Dubuque,
Iowa; and Resolution No. 19-18 Disposing of City interest in Lot 175A of East Dubuque
Addition to City of Dubuque, in the City of Dubuque, Iowa. Seconded by Del Toro. Motion
carried 6-0.
RESOLUTION NO. 18-18
VACATING THE RIGHT OF WAY OF THE 20-FOOT ALLEY BETWEEN ELM STREET
AND PINE STREET AND LYING NORTH OF EAST 17TH STREET AND SOUTH OF
EAST 18TH STREET, IN THE CITY OF DUBUQUE, IOWA
Whereas, Metx, LLC has requested the vacating and purchase of the 20-foot Alley
between Elm Street and Pine Street and lying North of East 17th Street and South of East
18th Street, in the City of Dubuque, Iowa; and
Whereas, IIW, P.C. has prepared and submitted to the City Council a plat showing the
proposed vacated Right of Way of 20-foot Alley between Elm Street and Pine Street and
lying North of East 17th Street and South of East 18th Street, in the City of Dubuque, Iowa
and assigned lot numbers thereto, which hereinafter shall be known and described as Lot
175A of East Dubuque Addition to the City of Dubuque, in the City of Dubuque, Iowa; and
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
City of Dubuque, Iowa on this 5th day of January 2018, the City Council of the City of
Dubuque, Iowa met on the 16th day of January 2018, at 6:00 p.m. in the Historic Federal
Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque
County, Iowa to consider the request to vacate; and
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Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec-
tions, oral or written to the request to vacate; and
Whereas, the City Council of the City of Dubuque, Iowa, has determined that the pro-
posed vacated Alley between Elm Street and Pine Street and lying North of East 17th
Street and South of East 18th Street to be known as Lot 175A of East Dubuque Addition
to the City of Dubuque, in the City of Dubuque, Iowa, should be approved.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the real estate described as Lot 175A of East Dubuque Addition to the
City of Dubuque, in the City of Dubuque, Iowa, be and the same is hereby vacated.
Passed, approved and adopted this 16th day of January 2018.
David T. Resnick, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 19-18
DISPOSING OF CITY INTEREST IN LOT 175A OF EAST DUBUQUE ADDITION TO
CITY OF DUBUQUE, IN THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
City of Dubuque, Iowa on this 5th day of January, 2018, the City Council of the City of
Dubuque, Iowa met on the 16th day of January, 2018, at 6:00 p.m. in the Historic Federal
Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque
County, Iowa to consider the proposal for the sale of real estate described as:
Lot 175A of East Dubuque Addition to the City of Dubuque, in the City of Dubuque,
Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec-
tions, oral or written to the proposal to sell such real estate.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the sale of City of Dubuque real property described as Lot 175A of East
Dubuque Addition to the City of Dubuque, in the City of Dubuque, Iowa, to Metx, LLC be
and the same is hereby approved, subject to the conditions of an Agreement between the
City and Metx, LLC. Conveyance shall be by Special Warranty Deed.
Section 2. That the Mayor be authorized and directed to execute a Special Warranty
Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of
conveyance to Metx, LLC.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution in the offices of the City Assessor, Dubuque County Re-
corder and Dubuque County Auditor.
Passed, approved and adopted this 16th day of January 2018.
David T. Resnick, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
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PUBLIC INPUT
Michaela Freiburger, 1718 Diane Ct., Dubuque; and Gwen Hall Driscoll, 412 W. Main
St., Epworth, addressed the City Council regarding Action Item #2 Dubuque Eats Well
Coalition requesting that the City Council consider funding their request through a dedi-
cated budget line item and not through the purchase of service competitive grant program
as indicated in the City Manager's response. The speakers referenced the existing city
programs relating to local foods and added that support by another two entities is contin-
gent upon support from Dubuque.
ACTION ITEMS
1 . Grand River Center Annual Report: Grand River Center General Manager Mitzi
Yordy presented the Center's 2017 Annual Report and update of activities in the current
fiscal year and future plans. Highlights included the Center's purpose, 2017 outcomes,
promotional strategy, annual groups comparison, 2017 events actual market segment,
sustainability efforts, 2018 market segment forecast, partnerships, and a review of
2017/2018 groups. Responding to questions from the City Council, Ms. Yordy addressed
competitive employment at the Center in terms of longevity, total number of employees
and how temporary help is engaged. She added that the Center collectively works with
the Five Flags Center without direct competition. Motion by Jones to receive and file the
documents. Seconded by Del Toro. Motion carried 6-0.
2. Dubuque Eats Well Coalition: City Manager submitting a response to the Dubuque
Eats Well Coalition regarding a request for funding to promote community and regional
food systems. Motion by Jones to receive and file the documents. Seconded by Shaw.
City Manager Van Milligen responded to questions regarding his response to the organi-
zation stating how the City's purchase of service competitive grant process is designed
for such requests and what impact it could have on the Fiscal Year 2019 budget. The City
Council discussed the budget justification, relationship to Council goals, and the potential
for precedent setting if the funds were to be a dedicated budget line item. The Council
concurred that it warranted more discussion during Fiscal Year 2019 budget process
scheduled throughout February. Motion carried 6-0.
3. Final Plat - South Pointe #2 Subdivision: City Manager recommending approval of
the final plat of South Pointe #2 Subdivision. Motion by Jones to receive and file the doc-
uments and adopt Resolution No. 20-18 Authorizing approval of the Final Plat of South
Pointe #2 in the City of Dubuque, Iowa. Seconded by Del Toro. Motion carried 6-0.
RESOLUTION NO. 20-18
AUTHORIZING APPROVAL OF THE FINAL PLAT OF SOUTH POINTE #2 IN THE CITY
OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk a Final Plat of South Pointe #2 in the
City of Dubuque, Iowa; and
Whereas, upon said final plat appear public streets to be known as South Pointe Drive
(Lot D), Waterbridge Lane (Lot E), Summit Hill Drive (Lot F), Whisper Woods Lane (Lot
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G), Longholllow Drive (Lot H), Fair Haven Lane (Lot J), Magnolia Lane (Lot K), and de-
tention basins Lot B and Lot C, together with certain public utility, storm sewer, sanitary
sewer, detention basin access, and water main easements, which the owner by said final
plat has dedicated to the public forever; and
Whereas, upon said Final Plat appear private streets to be known as Edenbrook Lane
(Lot L) and Autumn Ridge Lane (Lot M), which the owner by said Final Plat has agreed
to own, construct and maintain forever; and
Whereas, the preliminary plat has been examined by the Zoning Advisory Commission
and its approval has been endorsed thereon; and
Whereas, said final plat has been reviewed by the City Planner and her approval has
been endorsed thereon, subject to the owner's agreeing to the conditions specified
herein; and
Whereas, said final plat has been examined by the City Council and the City Council
find the final plat conforms to the applicable statutes and ordinances, except that streets
and public utilities have not yet been completely constructed or installed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the dedication of South Pointe Drive (Lot D), Waterbridge Lane (Lot
E), Summit Hill Drive (Lot F), Whisper Woods Lane (Lot G), Longhollow Drive (Lot H),
Fair Haven Lane (Lot J), Magnolia Lane (Lot K), and detention basins Lot B and Lot C,
together with certain public utility, storm sewer, sanitary sewer, detention basin access,
and water main easements, as they appear on said final plat, be and the same are hereby
accepted; and
Section 2. That the private streets of Edenbrook Lane (Lot L) and Autumn Ridge Lane
(Lot M) as they appear on said Final Plat, be and the same are hereby approved; and
that the dedication of the public utility easements in Autumn Ridge Lane (Lot M) and
Edenbrook Lane (Lot L), as they appear on said Final Plat, be and the same are hereby
accepted; and
Section 3. That the Final Plat of South Pointe #2 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 final plat, provided the owners of said property herein named,
execute their written acceptance of the attached conditions and further agree:
(a) To reduce South Pointe Drive (Lot D), Waterbridge Lane (Lot E), Summit Hill
Drive (Lot F), Whisper Woods Lane (Lot G), Longhollow Drive (Lot H), Fair Haven
Lane (Lot J) and Magnolia Lane (Lot K) to grade and to construct longitudinal sub-
drain, concrete curb and gutter with asphaltic concrete pavement or with Portland
Cement concrete pavement with integral curb, all in accordance with the City of
Dubuque standard specifications in a manner acceptable to the City Engineer, in
conformance with construction improvement plans approved by the City Engineer,
and inspected and approved by the City Engineer.
(b) To reduce the private streets of Edenbrook Lane (Lot L) and Autumn Ridge
Lane (Lot M) to grade and to construct longitudinal sub-drain, concrete curb and
gutter with asphaltic concrete pavement or with Portland Cement concrete pave-
ment with integral curb, install a private storm water detention facility on Lot A, and
to construct an asphaltic concrete emergency access roadway on Lot AA, all in ac-
cordance with the City of Dubuque standard specifications in a manner acceptable
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to the City Engineer, in conformance with construction improvement plans approved
by the City Engineer, and inspected and approved by the City Engineer.
(c) To install sanitary sewer mains and sewer service laterals into each individual
lot, water mains and water service laterals into each individual lot, storm water de-
tention basins, storm sewers and catch basins, boulevard street lighting, fiber optic
conduit and vaults, and to install water and sanitary sewer main extensions through
Lot 1 of McNamer Acres #1 , Lots 1 and 2 of McNamer Acres #2 and Mineral Lot
488, and install erosion control devices, all in accordance with the City of Dubuque
standard specifications in a manner acceptable to the City Engineer, and in accord-
ance with construction improvement plans approved by the City Engineer, and in-
spected and approved by the City Engineer.
(d) To construct accessible sidewalk ramps at each intersection and street cross-
ings in accordance with City of Dubuque Standards and Specifications, all in a man-
ner acceptable to the City Engineer, and in accordance with the construction im-
provement plans approved by the City Engineer, and inspected and approved by
the City Engineer.
(e) To construct the improvements outlined in (a), (b), (c), and (d), above within
two years from the date of acceptance of this resolution, at the sole expense of the
owners, or future owner.
(f) To maintain the improvements outlined in (a), (c), and (d) above for a period
of two (2) years from the date of the acceptance of those improvements by the City
Council of the City of Dubuque, Iowa, at the sole final expense of the owners, or
future owner.
(g) To maintain the private street improvements outlined in (b) above forever.
(h) That Dubuque South Ponte, LLC shall provide documentation within 90 days
of Final Plat approval that existing building, access, and water main easements,
recorded as Document No. 10011-95 and Document No. 10198-95 in the Dubuque
County Recorder's Office, have been vacated.
(i) To provide security for the performance of the foregoing conditions specified
in this Section in such form and with such sureties as may be acceptable to the City
Manager of the City of Dubuque, Iowa.
Section 4. That sidewalk installation shall be the responsibility of each lot owner for
each lot abutting the public rights-of-way, including lots with multiple frontages, as re-
quired by City Code Chapter 10-1-2 (Sidewalk Installation and Repair).
Section 5. That the owner must construct and maintain erosion control devices in South
Pointe Subdivision which control erosion and prevent sediment from leaving the site. The
owner shall also be responsible for maintenance of the detention facility located on Lots
B and C of South Pointe Subdivision #2 until 80% of the lots shown on the Preliminary
Plat/Conceptual Plan for South Pointe Subdivision, which drain into said detention facility,
have been fully developed and adequate erosion control measures, as approved by the
City Engineer, have been installed on the remaining 20% of said lots. Until the above 80%
of lots are developed, maintenance of the detention facilities in Lots B and C of South
Pointe Subdivision #2 shall include the removal of sediment and other debris caused by
construction activities in South Pointe Subdivision #2 and reshaping and reseeding of the
disturbed areas. After said 80% lots are developed, inspection, administration, and
maintenance expenses incurred by the City of Dubuque for the storm water detention
facility on Lots B and C of South Pointe Subdivision #2 shall be assessed against the
17
property owners, except the City of Dubuque, in South Pointe Subdivision #2, as indicated
on the preliminary plats thereof, in equal amounts. The City Manager shall certify such
costs to the City Clerk, who in turn shall promptly certify such costs to the Dubuque
County Treasurer, and such costs shall then be collected with and in the same manner
as general property taxes in accordance with provisions of law.
Section 6. That a park and related improvements be located on the eastern portion of
Lot A. The park lot must be at least one-half acre of developable property in size and shall
be reviewed, constructed and dedicated to the City of Dubuque within three (3) years of
this Final Plat approval, and be in compliance with the requirements found in the Housing
TIF Agreement between the City of Dubuque and Dubuque South Pointe, LLC, approved
by the City Council on June 5, 2017, Resolution No. 205-17.
Section 7. That the planting of street trees shall be coordinated with the City Forester.
Any trees planted within the street right-of-way must be chosen and planted by the City
of Dubuque Leisure Services Department at the developer's expense.
Section 8. That the final acceptance of the public improvements shall only occur upon
certification of the City Engineer to the City Council that the public improvements have
been completed in accordance with the approved improvement plans and City standards
and specifications and accepted by City Council Resolution.
Section 9. That in the event South Pointe, LLC fails to execute the acceptance and
furnish the guarantees provided hereof within 180 days after the date of this Resolution,
the provisions hereof shall be null and void and the acceptance of the dedication and
approval the plat shall not be effective.
Passed, approved and adopted this 16th day of January 2018.
David T. Resnick, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
ACCEPTANCE OF RESOLUTION NO. 20-18
I, the undersigned, Michael J. Klauer, representing Dubuque South Pointe, LLC, hav-
ing read the terms and conditions of the Resolution No. 20-18 and being familiar with the
conditions thereof hereby accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this XXXXXXXX day of XXXXXXX 2018.
/s/Michael J. Klauer
Dubuque South Pointe, LLC
4. Request to Schedule Work Session on Project HOPE: City Manager requesting ap-
proval to schedule a Work Session on Project HOPE for Monday, March 5, 2018 at 5:30
p.m. in the Historic Federal Building City Council Chambers. Motion by Del Toro to receive
and file the documents and schedule the work session as recommended. Seconded by
Shaw. Motion carried 6-0.
There being no further business, upon motion the City Council adjourned at 6:53 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
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