9 4 18 City Council AgendaROLL CALL ORDER FOR MEETING OF
September 4, 2018
Shaw, Del Toro, Buol, Rios, Resnick, Larson, Jones
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
Historic Federal Building
350 W. 6th Street
September 4, 2018
Council meetings are video streamed live and archived at www.cityofdubuque.org/media and
on Dubuque's CityChannel on the Mediacom cable system at cable channel 8 and digital 117.2
REGULAR SESSION
6:00 PM
PLEDGE OF ALLEGIANCE
SWEARING IN
1.Mayor Buol to Swear in Mayor Pro-Tem Luis Del Toro
CONSENT ITEMS
The consent agenda items are considered to be routine and non-controversial and all consent items
will be normally voted upon in a single motion without any separate discussion on a particular item. If
you would like to discuss one of the Consent Items, please go to the microphone and be recognized
by the Mayor and state the item you would like removed from the Consent Agenda for separate
discussion and consideration.
1.Minutes and Reports Submitted
City Council Proceedings for 8/20; Community Development Advisory Commission of 8/15; Library Board
of Trustees of 6/28; Library Board of Trustees Council Update #174 of 8/24; Proof of Publication for City
Council proceedings of 7/16, 8/6, 8/8, 8/14; Proof of Publication for List of Claims and Summary of
Revenues for Month Ending 7/31.
Suggested Disposition: Receive and File
2.Notice of Claims and Suits
William Baum for vehicle damage; Hertz Rent-a-Car for vehicle damage; Adam Jordan for vehicle
damage; Lynn McCormick/Partners Mutual Insurance for vehicle damage; Melvin Moss for vehicle
damage; Jeremy Noel for property damage; Marilyn Thoma for vehicle damage.
Suggested Disposition: Receive and File; Refer to 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 Assurance Pool: Melvin Moss for vehicle damage. Hertz Rent-a-Car
for vehicle damage; Adam Jordan for vehicle damage; Lynn McCormick/Partners Mutual Insurance for
vehicle damage; Melvin Moss for vehicle damage; Jeremy Noel for property damage; and Marilyn Thoma
for vehicle damage.
Page 1
Suggested Disposition: Receive and File; Concur
4.Approval of City Expenditures
City Manager recommending Council approval for payment of City expenditures.
Suggested Disposition: Receive and File; Approve
5.Contracted Service Agreement - Washington Tool Library for Fiscal Year 2019
City Manager recommending execution of the Fiscal Year 2019 Contracted Service Agreement with the
Washington Tool Library.
Suggested Disposition: Receive and File; Approve
6.Iowa Greyhound Association Lease Amendment
City Manager recommending approval of an Amendment to Lease Agreement with Iowa Greyhound
Association that provides for a five-year term commencing January 1, 2020.
RESOLUTION Approving an Amendment to Lease Agreement between the City of Dubuque, Iowa and
Iowa Greyhound Association
Suggested Disposition: Receive and File; Adopt Resolution(s)
7.2018 Asphalt Overlay Access Ramp Project One Acceptance
City Manager recommending acceptance of the construction contract for the 2018 Asphalt Overlay
Access Ramp Project One, as completed by D & D Superior Concrete, LLC.
RESOLUTION Accepting the 2018 Asphalt Overlay Access Ramp Project one and authorizing the
payment to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
8.2018 Asphalt Overlay Access Ramp Project Two Acceptance
City Manager recommending acceptance of the construction contract for the 2018 Asphalt Overlay
Access Ramp Project Two, as completed by Midwest Concrete, Inc.
RESOLUTION Accepting the 2018 Asphalt Overlay Access Ramp Project Tow and authorizing the
payment to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
9.Twin Ridge Lift Station Abandonment Project Award
City Manager recommending award of the construction contract for the Twin Ridge Lift Station
Abandonment Project to the low bidder Gansen Excavating, Inc.
RESOLUTION Awarding Public Improvement Project for the Twin Ridge Lift Station Abandonment Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
10.Accepting Grant of Storm Sewer Easement from SPT Real Estate LLC / 602 Peru Road
City Manager recommending acceptance of a Grant of Easement from SPT Real Estate LLC for Storm
Sewer across Parts of Lot 1 and Lot 2 of Haberkorn Place as part of a private parking lot improvements
project at 602 Peru Road.
RESOLUTION Accepting a Grant of Easement for storm sewer through, under and across parts of Lot 1
and Lot 2 of Haberkorn Place, in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
11.Bee Branch Railroad Culverts Project, Easement Acquisitions, Setting Fair Market Value,
Resolution Amendments
Page 2
City Manager recommending approval to amend previously adopted resolutions establishing the fair market
value of certain permanent and temporary easements to be acquired through real property owned by
HWY 151 & 61 Development, LLC, at East 16th Street and certain permanent and temporary easements to
be acquired through real property owned by Canadian Pacific Railway at 506 Garfield.
RESOLUTION Amending Resolution No. 228-18 Establishing the fair market value and authorizing the
acquisition by Eminent Domain of easements through certain real property owned by Hwy 151 & 61
Development, LLC in the City of Dubuque, Iowa by changing the title to Easement Exhibit B to “Temporary
Easement Exhibit B”
RESOLUTION Amending Resolution No. 231-18 Establishing the fair market value and authorizing the
acquisition by Eminent Domain of easements through certain real property owned by Canadian Pacific
Railway in the City of Dubuque, Iowa by changing the title to Easement Exhibit B to “Permanent Easement
Exhibit B” and adding a reference to Temporary Easement Exhibit E
Suggested Disposition: Receive and File; Adopt Resolution(s)
12.Contracted Service Agreement - Hills and Dales Senior Center Lifetime Program for
Fiscal Year 2019
City Manager recommending execution of the Fiscal Year 2019 Contracted Service Agreement with Hills
and Dales Senior Center Lifetime Program.
Suggested Disposition: Receive and File; Approve
13. AmeriCorps Program Year 2018-2019 Grant Agreement
City Manager recommending approval of an agreement for AmeriCorps Partners in Learning Summer-
Only Grant Continuation for Program Year 2018-2019 and through the summer of 2019.
Suggested Disposition: Receive and File; Approve
14.2018-19 AmeriCorps Partners in Learning Planning Grant Agreement Related to Health,
Wellness and Environmental Stewardship
City Manager recommending approval of an AmeriCorps Partners in Learning Planning Grant Agreement
for Program Year 2018-2019 related to health, wellness and environmental stewardship.
Suggested Disposition: Receive and File; Approve
15.Mayor's Letter of Support to Senator Grassley Regarding Segal AmeriCorps Education
Award
Letter of Support to Senator Chuck Grassley encouraging co-sponsorship of S.1042, legislation
sponsored by Senators Johnny Isakson (R-GA) and Michael Bennet (D-CO) to provide tax relief for
individuals who have earned a Segal AmeriCorps Education Award and use it to pay for college tuition,
vocational school, or to pay down qualified student loan debt.
Suggested Disposition: Receive and File
16.Crescent Community Health Center Letter of Support
City Manager recommending approval to sign a Letter of Support for the Crescent Community Health
Center’s Services Area Competition Grant to Health Resources and Services Administration.
Suggested Disposition: Receive and File; Approve
17.Employee Changes to Support Family Self-Sufficiency Programming
City Manager recommending elimination of the Circles Coach position and the creation of a Section 8
Caseworker position to ensure success of the Family Self-Sufficiency Programming.
Suggested Disposition: Receive and File; Approve
18.Fiber Optic Conduit Damage Claim Settlement with Tschiggfrie Excavating Co.
Senior Counsel recommending approval of a settlement offer regarding a claim that the City has made
against Tschiggfrie Excavating Co., for damage to a fiber conduit and fiber optic cable at US 61 and Olde
Page 3
Davenport Road.
Suggested Disposition: Receive and File; Approve
19.Signed Contract(s)
Second Amendment to the Farm Lease between the City of Dubuque and Carl Reiss and Anthony John
Reiss.
Suggested Disposition: Receive and File
20.Improvement Contracts / Performance, Payment and Maintenance Bonds
Midwest Concrete for Veterans Park Pickleball Court Construction Project
Suggested Disposition: Receive and File; Approve
21.Alcohol License Applications
City Manager recommending approval of annual beer, liquor and wine licenses as submitted.
RESOLUTION 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
Suggested Disposition: Receive and File; Adopt Resolution(s)
ITEMS SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date indicated.
1.Tamarack Park Water Main Extension Project 2018 Initiate
City Manager recommending initiation of the public bidding procedure for the Tamarack Park
Water Main Extension Project 2018, and further recommends that a public hearing be set for
September 17, 2018.
RESOLUTION Preliminary approval of plans, specifications, form of contract, and estimated
cost; setting date of public hearing on plans, specifications, form of contract, and estimated
cost; and ordering the advertisement for bids
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for September 17, 2018
BOARDS/COMMISSIONS
1.Boards and Commission Applicant Review
Applicants are invited to address the City Council regarding their desire to serve on the
following Boards/Commissions. Applicant appointments will be made at the next City Council
meeting.
Parks and Recreation Advisory Commission
One, 3-year term through June 30, 2019 (Vacant term of Lyness)
Applicant:
Robert McCoy, 265 Main St.
2.Boards and Commission Appointments
Appointments to the following commissions to be made at this meeting.
Airport Commission
Two, 4-year terms through July 1, 2022 (Expiring terms of Accinelli and Blocker)
Applicants:
Robert Blocker, 880 Kane St.
Jennifer Chambers, 940 Kelly Ln.
Page 4
Michael Phillips, 1029 Dunham Dr.
This commission is subject to the State of Iowa Gender Balance Law.
5 Commissioners total; currently 1 males/2 females
Housing Commission
One, 3-year term through August 17, 2021 (Vacant term of Fernandes)
Applicants:
Michelle Becwar, 2115 Coates St. (Additional Applicant)
Antonino T. Erba, 1505 Fairview Pl.
Sam Wooden, 1135 Rosedale Ave.
Zoning Advisory Commission
One, 3-year term through July 1, 2021 (Expiring term of Russell)
Applicant:
Rich Russell, 2045 Embassy West Dr.
This commission is subject to the State of Iowa Gender Balance Law.
7 Commissioners total; currently 5 males/1 female
*Application was held for 90 days in adherence with Iowa Code 69.16A Gender Balance.
PUBLIC HEARINGS
Citizens are invited to address the City Council regarding the following agenda items. Please
come to the podium and state your name and address when the item you wish to speak to is
being considered.
1.Intent to Dispose of an Interest in Real Property to Southwestco Wireless, Inc. D/B/A
Verizon Wireless
Proof of publication for notice of public hearing to consider the disposition 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 or proposed placement of a small cell and
associated equipment in the public right-of-way at the northeast corner of the intersection of
Embassy West Drive and Middle Road, and the City Manager recommending approval.
RESOLUTION Disposing of an interest in real property owned by the City of Dubuque by lease
Supplement between the City of Debug, Iowa and Southwestco Wireless, Inc. D/B/A Verizon
Wireless
Suggested Disposition: Receive and File; Adopt Resolution(s)
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the City Council on the Action Items on
the agenda or on matters under the control of the City Council. Citizens are asked to approach the
podium and state their name and address before proceeding with their comments. Individual remarks
are limited to five minutes, and the overall Public Input period is limited to 30 minutes. Under the Iowa
Open Meetings Law, the City Council can take no formal action on comments given during Public
Input which do not relate to Action Items on the Agenda.
ACTION ITEMS
These are items where discussion is held by the City Council - public comments are not
allowed except as authorized by the Mayor.
1.America's River III Campaign
City Manager recommending Council approval of the America’s River III fundraising campaign
Page 5
and associated naming opportunities and giving levels.
Suggested Disposition: Receive and File; Approve
2.McFadden Farm Grading Phase I Project - Project Award
City Manager to recommend award of the McFadden Farm Grading Phase I Project.
Documentation will be distributed at the meeting due to the timing of the bid opening at 2:00
p.m., September 4, 2018.
RESOLUTION Awarding Public Improvement Contract for the McFadden Farm Grading Phase I
Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
3.Millwork District Parking Lot #2 (Elm Street Parking Lot) - Project Award
City Manager recommending award of the construction contract for the Millwork District Parking
Lot #2 Project to the low bidder Drew Cook & Sons Excavating, Co.
RESOLUTION Awarding Public Improvement Contract for the Millwork District Parking Lot #2
Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
4.Dubuque Main Street's Build a Better Block Event Map and Details
City Manager transmitting the event map and schedule details for Dubuque Main Street's Build a
Better Block event September 14 through 23, 2018.
5.Code of Ordinances Amendment - Title 9 Street Storage
City Manager recommending approval of an amendment to the Street Storage Ordinance which
requires vehicles be operational, registered and licensed.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and
Traffic, Chapter 15 Impoundment of Vehicles, Division 3 Street Storage, Section 9-15-321.761
Definition
Suggested Disposition: Receive and File; Motion B; Motion A
6.Code of Ordinances Amendment - Title 6 Prohibited and Exempt Noises (2nd Reading)
City Manager recommending approval of an update to the prohibited noises and exempt noises
ordinances to update some terminology in the prohibited noises ordinance and add provisions
and sections that further clarifying the use, prohibitions and exemptions of outdoor music or
amplified noise.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 6 Health, Housing,
Sanitation and Environment, Chapter 5 Noises, Section 6-5-1 Prohibited Noises
ORDINANCE Amending City of Dubuque Code of Ordinances Title 6, Health, Housing,
Sanitation and Environment, Chapter 5 Noises, Section 6-5-3 Exempt Noises
Suggested Disposition: Receive and File; Motion B; Motion A
7.SW Arterial Construction Update Video
Cable TV Division will show a video of the recent progress of the Southwest Arterial Project for
August 2018.
Suggested Disposition:
Receive and File; Presentation
COUNCIL MEMBER REPORTS
CLOSED SESSION
Page 6
Pending Litigation and Real Estate Transfer Negotiations – Chapter 21.5(1)(c), -(j) Code of
Iowa
ADJOURNMENT
The agenda with supporting documents may be accessed at www.cityofdubuque.org or at the City
Clerk's Office, 50 W. 13th Street, during regular business hours.
This notice is given pursuant to Chapter 21, Code of Iowa, and applicable local regulations of the City
of Dubuque, Iowa and/or governmental body holding the meeting.
Any visual or hearing impaired persons needing special assistance or persons with special
accessibility needs should contact the City Clerk's Office at (563) 589-4100 or TTY/TTD (563) 690-
6678.
Page 7
/s/Kevin S. Firnstahl, CMC
City Clerk