5 7 18 City Council Proceedings Official_Regular1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on May 7, 2018 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios, Shaw;
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 Ci ty
Council.
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. International City/County Managers Association (ICMA) Fellowship Exchange Pro-
gram (Impromptu): Assistant City Manager Cori Burbach introduced the current Fellows
Gyaw Shine Oo from Myanmar, Pei Ying On g of Brunei, and Sarawut Peakhunthod of
Thailand. Each fellow provided a brief biography and stated their goals for the four -week
visit.
2. Tree City USA 2017 Recognition: Leisure Services Manager Marie Ware and Trees
Forever Member Laura Roussell presented the Tree City USA 2017 Award.
3. 2018 River Action Eddy Award: Civil Engineer Deron Muehring presented the 2018
River Action Eddy Award the City received from River Action for the Bee Branch Creek
Restoration Project.
4. Dubuque365.com Best of 2018 Award: City Leisure Services Manager Marie Ware
and Dubuque365ink Manager Bryce Parks presented the Dubuque365.com Best of 2018
Award received by the Five Flags Civic Center. H.R. Cook, Manager of the Five Flags
Center for SMG accepted the award.
5. Leading Environmentalism and Forwarding Sustainability (LEAFS) Award: Trans-
portation Services Manager Candace Eudaley-Loebach presented the U.S. Environmen-
tal Protection Agency (EPA) Region 7 award for outstanding contributions to environmen-
talism and sustainability at Superfund sites.
PROCLAMATION(S)
1. Women's Health Week (May 13-18, 2018) was accepted by Public Health Specialist
Mary Rose Corrigan.
2. Bike-to-Work Week (May 14-18, 2018) was accepted by Pat Prevenas, Treasurer
for the Tri-State Trial Vision and Rob Williams of the Bike Coop.
3. Kids-to-Parks Day (May 19, 2018) was accepted by Leisure Services Manager Marie
Ware.
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4. Preservation Month (May 2018) was accepted by the Historic Preservation Commis-
sion Chairperson Emily Hilgendorf, Commissioner Christina Monk, and Planning Services
Manager Laura Carstens.
5. Apples for Students Months (June-July 2018) was accepted by St. Mark Youth En-
richment Outreach Coordinator Beth McGorry.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt th e resolutions, and dis-
pose of as indicated. Seconded by Jones. Motion carried 7-0.
1. Minutes and Reports Submitted: Cable TV Commission of 5/2; City Council Pro-
ceedings of 4/16, 4/23, 4/30; Civil Service Commission of 4/26; Historic Preservation
Commission of 4/19; Investment Oversight Advisory Commission of 4/25; Library Board
of Trustees of 2/22; Zoning Board of Adjustment of 4/26; Proof of Publication for City
Council Proceedings of 4/2, 4/16, 4/23; Proof of Publication for List of Claims and Sum-
mary of Revenues for Month Ending 3/31. Upon motion the documents were received
and filed.
2. Notice of Claims and Suits: Nicole Homer for personal injury, Cathy Ludwig for prop-
erty damage, Dennis Schlegel for property damage, Robert Wilbricht for property dam-
age. 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: Cathy Ludwig for property damage, Dennis Schlegel for property damage,
Robert Wilbricht. It is further advised that the claim from Nicole Homer for personal injury
be referred to Cottingham & Butler Insurance Services, Inc. the agent for the Dubuque
Regional Airport. Upon motion the documents were received, filed, and concurred.
4. Dubuque Pacific Islander Health Project: City Manager transmitting the public infor-
mation brochure on the Dubuque Pacific Islander Health Project. Upon motion the docu-
ment was received and filed.
5. Make it in Greater Dubuque Promotional Brochure: City Manager transmitting the
Make it in Greater Dubuque promotional brochure from the Greater Dubuque Develop-
ment Corporation. Upon motion the document was received and filed.
6. National League of Cities Rebuild and Reimagine America's Infrastructure Brochure:
City Manager transmitting the public information brochure Rebuild and Reimagine Amer-
ica's Infrastructure from the National League of Cities. Upon motion the document was
received and filed.
7. Cultural & Entertainment District Re-Designation: City Manager recommending ap-
proval of the Dubuque Main Street application for the re -designation of the Downtown
Dubuque Cultural Corridor as a State-recognized Cultural & Entertainment District, with
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expansion to include the Historic Millwork District on the east and the Flat Iron Park area
on the south. Upon motion the documents were received and filed, and Resolution No.
117-18 Approving and supporting application to Io wa Department of Cultural Affairs for
re-designation of Dubuque Cultural & Entertainment District was adopted.
RESOLUTION NO. 117-18
APPROVING AND SUPPORTING APPLICATION TO IOWA DEPARTMENT OF CUL-
TURAL AFFAIRS FOR RE-DESIGNATION OF DUBUQUE CULTURAL & ENTERTAIN-
MENT DISTRICT
Whereas, the Iowa Department of Cultural Affairs certified the Dubuque Cultural & En-
tertainment District in 2004; and
Whereas, the Dubuque Cultural & Entertainment District is due for re-designation; and
Whereas, re-designation will assist the City of Dubuque and Dubuque Main Street to
enhance public-private partnerships to support culture and entertainment in the District.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor is hereby authorized and directed to sign this resolution on behalf
of the City of Dubuque and submit the request to the Iowa Department of Cultural Affairs
for re-designation of the Dubuque Cultural & Entertainment District.
Section 2. The City Council agrees to participate in the development and support of
said District and directs the City Manager to actively support and cooperate with the gov-
erning board of Dubuque Main Street to develop and maintain the Dubuque Cultural &
Entertainment District.
Passed, approved and adopted this 7th day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Creek Wood Park Playground Project Award: City Manager recommending that the
award for the Creek Wood Park Playground Equipment and Installation be official ly rec-
orded in the minutes of the City Council. Upon motion the documents were received, filed,
and made a Matter of Record.
9. Proposed Administrative Plan Changes for Housing Choice Voucher (HCV) Admin-
istrative Plan: City Manager recommending approval of a resolution approving amend-
ments to the Housing Choice Voucher Administrative Plan. Upon motion the documents
were received and filed, and Resolution No. 118-18 Approving the Amendments to the
Housing Choice Voucher Administrative Plan was adopted.
RESOLUTION NO. 118-18
APPROVING AMENDMENTS TO THE HOUSING CHOICE VOUCHER ADMINISTRA-
TIVE PLAN
Whereas, the City of Dubuque is designated as a Public Housing Authority; and
Whereas, the City of Dubuque maintains a comprehensive Public Housing Agency
Plan; and
Whereas, the City of Dubuque desires to amend said Public Housing Agency Plan;
and
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Whereas, said amendments are approved by HUD, Resident Advisory Board and the
Housing Commission, the amendments must be approved by resolution of the City Coun-
cil for adoption and implementation; and
Whereas, the Housing Commission held a public meeting on March 27, 2018; and
Whereas, the Housing Commission voted to approve said amendments to Chapter 4
and 16 and recommended approval by the City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Housing Choice Voucher Administrative Plan is hereby amended
to adopt the changes to the Plan to address the number of waiting list applications on the
current Housing Choice Voucher waiting list before opening of another HCV waiting list,
attached hereto as Exhibit A and Chapter 4.
Section 2. That the Housing Choice Voucher Administrative Plan is hereby amended
to adopt the changes to the Plan to address HUD guidance on the re quirements of the
Violence Against Women Reauthorization Act of 2013, attached hereto as Exhibit B and
Chapter 16.
Passed, approved and adopted this 7th day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. 2018 Pavement Marking Project Award: City Manager recommending award of the
construction contract for the 2018 Pavement Marking Project to the only bidder, SELCO,
Inc. Upon motion the documents were received and filed, and Resolution No. 119-18
Awarding public improvement contract for the 2018 Pavement Parking Project was
adopted.
RESOLUTION NO. 119-18
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE 2018 PAVEMENT
MARKING PROJECT
Whereas, sealed proposals have been submitted by contractors for the 2018 Pave-
ment Marking Project, (the Project) pursuant to Resolution No. 87-18 and Notice to Bid-
ders published on the City of Dubuque website and in a contractor plan room service with
statewide circulation on the 6th day of April 2018; and
Whereas, said sealed proposals were opened and read on the 26th day of April 2018
and it has been determined that SELCO, Inc. of Blue Grass, Iowa, with a bid in the amount
of $118,950.60 is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to SELCO, Inc.
and the City Manager is hereby directed to execute a Public Improvement Contract on
behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 7th day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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11. Pine Knoll Subdivision / Katrina Circle Acceptance of Public Roadway Improve-
ments: City Manager recommending acceptance of the public improvements that the
owners, Pine Knoll Homeowners Association, have recently completed in Pine Knoll Sub-
division. Upon motion the documents were received and filed, and Resolution No. 120-
18 Accepting Public Roadway Improvements in Pine Knoll Subdivision in the City of
Dubuque was adopted.
RESOLUTION NO. 120-18
ACCEPTING PUBLIC ROADWAY IMPROVEMENTS IN PINE KNOLL SUBDIVISION
IN THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to Agreement dated September 11, 2014, certain public roadway
improvements including streets, sidewalks, storm catch basins, and street lighting, were
installed by the Pine Knoll Homeowners Association in Pine Knoll Subdivision in the City
of Dubuque, Iowa; and
Whereas, the roadway improvements have been completed and the City Manager has
examined the work and has filed a certificate stating that the same has been completed
in accordance with the plans approved by the City Council and in conformance with City
specifications and has recommended that the improvements be accepted by the City
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that said
public roadway improvements in Pine Knoll Subdivision be and the same is hereby ac-
cepted.
Section 2. That the existing storm water detention basin facility will continue to be
owned and maintained by the Pine Knoll Homeowners Association.
Section 4. That the Pine Knoll Homeowners Association will maintain, in perpetuity,
the public sidewalk along the south side of Kane Street adjacent to the Katrina Circle right
of way and also all public sidewalks fronting on the Katrina Circle right of way in Pine
Knoll Subdivision.
Section 5. That the Pine Knoll Homeowners Association will complete public sidewal k
installation along the frontages of Lots 3, 4, and 5 in Pine Knoll Subdivision at the time
that building construction on each lot is completed or no later than twenty -four months
after the effective date of this Acceptance of Street Improvements Resolution.
Section 6. That the Pine Knoll Homeowners Association designates parking on one
side only with appropriate signage as directed by the City.
Section 7. That the Pine Knoll Homeowners Association agrees to not hold the City of
Dubuque responsible for snow that is plowed onto sidewalks by city crews. Because ex-
isting conditions would only allow for a narrow street right of way, no parkway between
the sidewalk and curb was able to be included in the street reconstruction design. This is
acknowledged by this Acceptance of Street Improvements Resolution.
Passed, approved and adopted this 7th day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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ACCEPTANCE OF RESOLUTION NO. 120-18
I, the undersigned, Tom Schwartz, representing the Pine Knoll Homeowners Associa-
tion, having read the terms and conditions of the Resolution No. 120 -18 and being familiar
with the conditions thereof, hereby accept this same and agree to the conditions required
therein.
Dated in Dubuque, Iowa this 11th day of May, 2018.
/s/Tom Schwartz, President
Pine Knoll Homeowners Association
12. Pine Knoll Subdivision / Katrina Circle Right-of-Way Acceptance of Warranty Deed:
City Manager recommending acceptance of a Warranty Deed from Pine Knoll Homeown-
ers Association for the Katrina Circle Street right-of-way (Lot A of Pine Knoll Subdivision).
Upon motion the documents were received and filed, and Resolution No. 121-18 Accept-
ing a conveyance of property (Lot A of Pine Knoll Subdivision in the City of Dubuque,
Iowa) from Pine Knoll Home Owners’ Association and dedication of property as public
right-of-way was adopted.
RESOLUTION NO. 121-18
ACCEPTING A CONVEYANCE OF PROPERTY (LOT A OF PINE KNOLL SUBDIVI-
SION IN THE CITY OF DUBUQUE, IOWA) FROM PINE KNOLL HOME OWNERS AS-
SOCIATION AND DEDICATION OF PROPERTY AS PUBLIC RIGHT OF WAY
Whereas, the City of Dubuque entered into an Agreement with Pine Knoll Home Own-
ers Association dated September 11, 2014 pursuant to which Pine Knoll Home Owners
Association agreed to convey Lot A of Pine Knoll Subdivision in the City of Dubuque, Iowa
as shown on the Final Plat of Pine Knoll Subdivision Document No. 2013 -0016907 in the
Dubuque County Recorder’s Office; and
Whereas, Pine Knoll Home Owners’ Association has executed a conveyance of said
property; and
Whereas, the terms of the Agreement have been fulfilled.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts,
and consents to the Warranty Deed from Pine Knoll Home Owners Association, a copy
of which is attached hereto, as required by Iowa Code Section 569.7.
Section 2. Lot A of Pine Kno ll Subdivision in the City of Dubuque is hereby dedicated
to public as street right-of-way.
Section 3. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 4. The City Clerk is hereby authorized to and directed to record this resolution
and the Deed with the Dubuque County Recorder.
Passed, approved and adopted this 7th day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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13. Continuum of Care Special Needs Assistance Program Sponsor Agency Agree-
ment: City Manager recommending approval of an agreement for services with East Cen-
tral Development Corporation for administration of the Continuum of Care Special Needs
Assistance Program that provides rental assistance to homeless persons with disabilities.
Upon motion the documents were received, filed and approved.
14. Pre-Annexation Agreement - Licht-Samuelson: City Manager recommending ap-
proval of a Pre-Annexation Agreement with Terry D. Licht and Karen K. Samuelson as a
result of approving the Final Plat of Buena Vista Court 2 and required by the City’s Fringe
Area Development Standards of the Unified Development Code. Upon motion the docu-
ments were received and filed, and Resolution No. 122-18 Approving a Pre-Annexation
Agreement between the City of Dubuque, Iowa and Terry D. Licht and Karen K. Samuel-
son was adopted.
RESOLUTION NO. 122-18
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND TERRY D. LICHT AND KAREN K. SAMUELSON
Whereas, Terry D. Licht and Karen K. Samuelson, the owners of the following de-
scribed property in Dubuque County, Iowa (the Property) have submitted to the City
Council of the city of Dubuque an application for voluntary annexation of the Propert y to
the City of Dubuque:
Lot 2 of Lot 1 of Lot 1 of Lot 2 in the subdivision of Section 2, Township 89 North,
Range 2 East of the 5th P.M., Dubuque County, Iowa, according to the recorded
Plat thereof; and
Whereas, Terry D. Licht and Karen K. Samuelson have entered into a Pre-annexation
Agreement with the City of Dubuque a copy of which is attached hereto governing the
future annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of
the City of Dubuque, necessary for the future orderly growth and development of the City
of Dubuque, and will promote efficient and cost-effective extension of municipal services;
and
Whereas, the City Council finds that the annexation of the Property is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement by and between Terry D. Licht and Karen
K. Samuelson and the City of Dubuque is hereby approved.
Passed, approved and adopted this 7th day of May, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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15. Pre-Annexation Agreement – Kinsella: City Manager recommending approval of a
Pre-Annexation Agreement with Michael B. and Julie Kinsella for property located at
13929 North Cascade Road in conjunction with their request to connect to City water.
Upon motion the documents were received and filed, and Resolution No. 123-18 Approv-
ing a Pre-Annexation Agreement between the City of Dubuque, Iowa and Michael B. and
Julie Kinsella was adopted.
RESOLUTION NO. 123-18
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND MICHAEL B. AND JULIE KINSELLA
Whereas, Michael B. and Julie Kinsella, the owners of the following described property
in Dubuque County, Iowa (the Property) have submitted to the City Council of the City of
Dubuque an application for voluntary annexation of the Property to the City of Dubuque:
Lot 2 of 2 of 1 of 1 of 1 W ½ NW, Dubuque County, Iowa; and
Whereas, Michael B. and Julie Kinsella have entered into a Pre-annexation Agreement
with the City of Dubuque, a copy of which is attached hereto governing the future annex-
ation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property in
Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan of
the City of Dubuque, necessary for the future orderly growth and development of the City
of Dubuque, and will promote efficient and cost-effective extension of municipal services;
and
Whereas, the City Council finds that the annexation of the Property is in the public
interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre-annexation Agreement by and between Michael B. and Julie Kin-
sella and the City of Dubuque is hereby approved.
Passed, approved and adopted this 7th day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16. Iowa Great Places Re-Designation Application: City Manager recommending ap-
proval of the application submitted by the City of Dubuque and its partners to the Iowa
Arts Council to be re-designated as an Iowa Great Place. Upon motion the documents
were received, filed and approved.
17. Iowa Department of Transportation (IDOT) Lease Agreement with Jule Operations
Center for CDL Testing Course: City Manager recommending approval to enter into an
agreement with the Iowa Department of Transportation for the use of the CDL course at
the Jule Operations and Training Center for Commercial Driver’s License testing. Upon
motion the documents were received, filed and approved.
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18. Dubuque Metropolitan Area Transportation Study (DMATS) Transit Planning Mem-
orandum of Understanding: City Manager recommending approval of the Memorandum
of Understanding with the Dubuque Metropolitan Area Transportation Study (DMATS) for
Transit Planning and Programming that outlines procedures for complying with Federal
Transit Administration regulations to ensure eligibility for state and federal funding. Upon
motion the documents were received, filed and approved.
19. 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, Dubuque Community Schools and the City of Dubuque
to purchase media equipment. Upon motion the documents were received, filed and ap-
proved.
20. Accepting Grant of Easement for Storm Drain Utility - Cummins Street Retaining
Wall Project: City Manager recommending acceptance of a Grant of Easement from Den-
nis and Tony Runde for Storm Drain Utility across part of Lot 19 -3 of Mineral Lot 90 and
Part of Mineral Lot 87, and Lot 1-5-1 of Mineral Lot 89; and Lot 2-1-6 in Block 2 of Hamblin
Subdivision in the City of Dubuque, as part of the Cummins Street Retaining Wall Project.
Upon motion the documents were received and filed, and Resolution No. 124-18 Accept-
ing a Grant of Easement for Storm Drain Utility Across Part of Lot 19-3 of Mineral Lot 90
and part of Mineral Lot 87, and Lot 1 -5-1 of Mineral Lot 89; and Lot 2-1-6 in Block 2 of
Hamblin Subdivision in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 124-18
ACCEPTING A GRANT OF EASEMENT FOR STORM DRAIN UTILITY ACROSS PART
OF LOT 19-3 OF MINERAL LOT 90 AND PART OF MINERAL LOT 87, AND LOT 1 -5-
1 OF MINERAL LOT 89; AND LOT 2-1-6 IN BLOCK 2 OF HAMBLIN SUBDIVISION IN
THE CITY OF DUBUQUE, IOWA
Whereas, Dennis L. Runde and Tony John Runde have executed a Grant of Easement
for Storm Drain Utility across Part of Lot 19-3 of Mineral Lot 90 and Part of Mineral Lot
87, and Lot 1-5-1 of Mineral Lot 89; and Lot 2-1-6 in Block 2 of Hamblin Subdivision in
the City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for Stor m Drain Utility across Part of Lot 19-3 of
Mineral Lot 90 and Part of Mineral Lot 87, and Lot 1 -5-1 of Mineral Lot 89; and Lot 2-1-6
in Block 2 of Hamblin Subdivision in the City of Dubuque, Dubuque County, Iowa from
Dennis L. Runde and Tony John Runde, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. That the City Clerk be and is hereby authorized and dire cted to record a
certified copy of this resolution in the offices of the City Assessor, Dubuque County Re-
corder and Dubuque County Auditor.
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Passed, approved and adopted this 7th day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
21. Acceptance of Grant of Easement from Loras College for Storm Drain Utility: City
Manager recommending acceptance of a Grant of Easement for Storm Drain Utility
across part of Lot 2-2-2-17-3 of Mineral Lot 90 and Lot 2-2-18-3 of Mineral Lot 90 in the
City of Dubuque as part of the Cummins Street Retaining Wall Project. Upon motion the
documents were received and filed, and Resolution No. 125-18 Accepting a Grant of
Easement for Storm Dain Utility across part of Lot 2-2-2-17-3 of Mineral Lot 90 and Lot
2-2-18-3 of Mineral Lot 90 in the City of Dubuque was adopted.
RESOLUTION NO. 125-18
ACCEPTING A GRANT OF EASEMENT FOR STORM DRAIN UTILITY ACROSS PART
OF LOT 2-2-2-17-3 OF MINERAL LOT 90 AND LOT 2-2-18-3 OF MINERAL LOT 90 IN
THE CITY OF DUBUQUE, IOWA
Whereas, Loras College has executed a Grant of Easement for Storm Drain Utility
across Part of Lot 2-2-2-17-3 of Mineral Lot 90 and Lot 2-2-18-3 of Mineral Lot 90 in the
City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, accepts
and consents to the Grant of Easement for Storm Drain Utility across Part of Lot 2 -2-2-
17-3 of Mineral Lot 90 and Lot 2-2-18-3 of Mineral Lot 90 in the City of Dubuque, Dubuque
County, Iowa from Loras College, a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewi th.
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 7th day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
22. Transfer of Bike Trail at 12th Street from Interstate Power & Light to the City of
Dubuque: City Manager recommending approval of the second amendment to the original
Revocable Property License Agreement that would transfer these bike trail segments to
the City of Dubuque. Upon motion the documents were received, filed and approved.
23. Platting of City Property on Innovation Drive: City Manager recommending ap-
proval of the Plat of Survey for Dubuque Industrial Center North Third Addition in the City
of Dubuque per a Development Agreement with Medline Industries, Inc. 126-18 Approv-
ing Plat of Survey of Dubuque Industrial Center North Third Addition in the City of Dubu-
que, Iowa was adopted.
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24. Engineering Department Confidential Account Clerk Position: City Manager rec-
ommending approval to eliminate one of the two part-time Confidential Account Clerk
positions within the Engineering Department and create a full -time Confidential Account
Clerk position. Upon motion the documents were received, filed and approved.
25. Adopting Code Supplement No. 28: City Clerk recommending adoption of Supple-
ment No. 28 to the City of Dubuque Code of Ordinances. Upon motion the documents
were received and filed, and Resolution No. Upon motion the documents were received
and filed, and Resolution No. 127-18 Adopting Supplement No. 28 to the Code of Ordi-
nances of the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 127-18
ADOPTING SUPPLEMENT NO. 28 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; and
Whereas, Code Supplements are prepared by the Sterling Codifiers, Inc., and filed in
the Office of the City Clerk of the City of Dubuque, Iowa.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 28 to the City of Dubuque Code of Ordinances, which
codifies Ordinance Nos. 46-17, 47-17 and 1-18 through 6-18 as adopted by the City Coun-
cil through February 2018, is hereby adopted and become s part of the Code of Ordi-
nances of the City of Dubuque, Iowa.
Passed, approved and adopted this 7th day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
26. Restrictive Covenant for Residential Real Estate - 1449 Jackson Street: City Man-
ager recommending approval of a resolution attaching a Restrictive Covenant to 1449
Jackson Street requiring that the property be owner-occupied for a 21-year period. Upon
motion the documents were received and filed, and Resolution No. 128-18 Attaching Sin-
gle-Family Residence Restrictive Covenant to 1449 Jackson Street, Dubuque, Iowa was
adopted.
RESOLUTION NO. 128-18
ATTACHING SINGLE FAMILY RESIDENCE RESTRICTIVE COVENANT TO 1449
JACKSON STREET, DUBUQUE, IOWA
Whereas, The City desires to attach restrictive covenants to 1449 Jackson Street prior
to disposal of said property; and
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Whereas, said property will be disposed of by the City and the City desires said prop-
erty to be owner-occupied for a period of twenty-one (21) years after the sale.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque approves the restrictive covenants
for 1449 Jackson, legally described as:
The South One-Half of the Middle One-Fifth of Lot 494 in the City of Dubuque, Iowa,
according to the United States Commissioners Map of the town of Dubuque, Iowa.
Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the
Restrictive Covenant for the above described real estate.
Section 3. The City is Clerk is hereby authorized and directed to cause said Restrictive
Covenant to be recorded in the Office of the Dubuque County Recorder, together with a
certified copy of this Resolution.
Passed, approved and adopted this 7th day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
27. Signed Contract(s): Revocable License for Convivium Urban Farmstead, 2805
Jackson Street for a geothermal drain pipe along the White Street right -of-way. Upon
motion the document was received and filed.
28. Improvement Contracts / Performance, Payment and Maintenance Bonds : D&D
Concrete, Inc., for the 2018 Asphalt Overlay Ramp Project One; Drew Cooks & Sons
Excavating Co., Inc., for the Thomas Place Retaining Wall Project; Eastern Iowa D irec-
tional Drillers for the Grandview Avenue Streetlight & Fiber Project; Midwest Concrete,
Inc., for the 2018 Asphalt Overlay Ramp Project Two; Portzen Construction, Inc., for the
22nd Street Storm Sewer Improvements Project (Elm to White Streets). Upon motion the
documents were received, filed and approved.
29. Tobacco Compliance Civil Penalty for Tobacco License Holder – BP Fuel: City
Manager recommending approval of the Acknowledgement/Settlement Agreement for a
tobacco compliance violation for BP Fuel, 1450 Loras Blvd. Upon motion the documents
were received, filed and approved.
30. 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. 129-18 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. 129-18
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
13
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 insp ected 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
Ichiban Hibachi Steak-
house & Sushi Bar
3187 University Ave. Class C Liquor (Sunday)
Oky Doky #1 250 W. 1st St. Class C Beer, Class B
Wine, (Sunday)
Shenanigans Pub 3203 Jackson St. Class C Liquor (Sunday)
Tobacco Outlet Plus #504 806 Wacker Dr. Suite 140 Class C Beer, Class B Na-
tive Wine (Sunday)
Tott's Tap 3457 Jackson St. Class C Liquor (Sunday)
Special Events
Dubuque Main Street –
All That Jazz- 6/11, 7/16,
8/13, 9/3
700 Main St. Class B Beer (Outdoor)
Catfish Charlie's –
Gary's Graffiti Nights -
Every Thursday from 5/17
to 9/20
Plaza 20 Shopping Center Class B Beer (Outdoor)
Dubuque County Fine Arts
Society - Dubuque Fest -
5/20
Transfer from Town Clock
Plaza to Washington Park
for Sunday Only
Class B Beer (Outdoor)
Q Casino - BackWater
Stage Summer Concert
Series - 5/11, 5/25, 5/31,
6/2, 6/15, 6/16, 7/7, 8/9,
8/11, 8/23, 8/31, 9/6
1855 Greyhound Park Dr. Adding Outdoor Service
for Parking Lot
Dubuque Jaycees - Mill-
work Night Market - 5/10,
6/14, 7/12, 8/9, 10/13, 11/1
Jackson St. Between 7th
and 9th Sts.
Special Class C Liquor
(Outdoor)
Passed, approved, and adopted this 7th day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14
ITEMS SET FOR PUBLIC HEARING
Motion by Resnick 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 Jones. Motion carried 7-0.
1. Vacate Public Utility Easement - 3507 Keystone Drive / J&K Real Estate: City Man-
ager recommending that a public hearing be s et for May 21, 2018, to consider vacation
of public utility easements on Lot 1 and 2 of Pooh’s Corner – J & K Real Estate Property
at Key Way Drive and Keystone Drive. Upon motion the documents were received and
filed and Resolution No. 130-18 Resolution of Intent to vacate and dispose of City interest
in Public Utility Easements over and across Lot 1 and 2 of Pooh's Corner in the City of
Dubuque, Dubuque County, Iowa was adopted setting a public hearing for a meeting to
commence at 6:00 p.m. on May 21, 2018 in the Historic Federal Building.
RESOLUTION NO. 130-18
INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN PUBLIC UTILITY EASE-
MENTS OVER AND ACROSS LOT 1 AND 2 OF POOH’S CORNER IN THE CITY OF
DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, J & K Real Estate LLC is the current owner of Lot 1 and 2 of Pooh’s Corner
in the City of Dubuque, Dubuque County, Iowa; and
Whereas, public utility easements were platted over portions of Lot 1 and 2 in Pooh’s
Corner according to Final Plat of Key Knolls Subdivision recorded as file number 2517 -
72 in the office of the Dubuque County Recorder; and
Whereas, J & K Real Estate LLC is planning to develop Lots 2 of Pooh’s Corner into a
multi-unit residential use and whereas the proposed location of the residential building(s)
lies over said utility easements; and
Whereas, Jason Meyer on behalf of J & K Real Estate LLC has petitioned to vacate
the public utility easements across portions of said Lot 1 and 2 of Pooh’s Corner in order
to facilitate the proposed residential development on Lot 2 of Pooh’s Corner.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, intends to vacate and dispose of its interest in the
public utility easements across portions of Lot 1 and 2 of Pooh’s Corner in the City of
Dubuque, Dubuque County, Iowa, as shown on the attached Exhibit.
Section 2. That any and all applicable publication and recording fees are to be paid by
J & K Real Estate LLC.
Section 3. That a public hearing on the intent to vacate and dispose of City interest in
the public utility easements across portions of Lot 1 and 2 of Pooh’s Corner in the City of
Dubuque, Dubuque County, Iowa, is hereby set for the 21 st day of May, 2018, at the
Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, beginning at 6:00 p.m., and
the City Clerk be and is hereby authorized and directed to cause a notice of public hearing
on the intent to vacate and dispose of said interest to be published in the manner as
prescribed by law.
15
Passed, approved and adopted this 7th day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Sale of City-Owned Property at 1449 Jackson Street: City Manager recommending
that the City Council schedule a public h earing for May 21, 2018, for the purpose of dis-
posing of City-owned real property located at 1449 Jackson Street to Community Housing
Initiatives. Upon motion the documents were received and filed and Resolution No. 131-
18 Resolution of Intention to dispose of City-owned property, specifically, the south one-
half of the middle one-fifth of Lot 494 in the City of Dubuque, Iowa, according to the United
States Commissioners Map of the Town of Dubuque, Iowa – 1449 Jackson Street was
adopted setting a public hearing for a meeting to commence at 6:00 p.m. on May 21, 2018
in the Historic Federal Building.
RESOLUTION NO. 131-18
INTENTION TO DISPOSE OF CITY-OWNED PROPERTY, SPECIFICALLY, THE
SOUTH ONE-HALF OF THE MIDDLE ONE-FIFTH OF LOT 494 IN THE CITY OF DUBU-
QUE, IOWA, ACCORDING TO THE UNITED STATES COMMISSIONERS MAP OF THE
TOWN OF DUBUQUE, IOWA – 1449 JACKSON STREET
Whereas, the City of Dubuque has obtained certain real property in connection with
the Washington Neighborhood Revitalize Project; and for purpose of its acquisition, reha-
bilitation and re-sale for owner-occupied housing; and
Whereas, the City received an offer to purchase this property from Community Housing
Initiatives (CHI); and
Whereas, such purpose supports the Washington Neighborhood Revitalization strat-
egy as approved by the City Council; and
Whereas, by accepting the selected offer the City’s objectives of providing homeown-
ership to an income qualified buyers and rehabilitation of a vacated home can be realized.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa, intends to dispose of its interest in the
following legally-described property:
The South One-Half of the Middle One-Fifth of Lot 494 in the City of Dubuque, Iowa,
according to the United States Commissioners Map of the town of Dubuque, Iowa.
Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the
above described real estate to Community Housing Initiatives (CHI) for the sum of $1.
Section 3. That the City Clerk is hereby authorized and directed to cause this Resolu-
tion 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 Property, to be held on
the 21st day of May 2018, at 6:00 o’clock p.m. at the Historic Federal Building, 350 West
6th Street, Dubuque, Iowa.
Passed, approved and adopted this 7th day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
16
3. Vacate Access Easement in Westbrook Subdivision : City Manager recommending
that a public hearing be set for May 21, 2018, to consider vacation of an access easement
on Lot E of Westbrook Subdivision as requested by Callahan Construction Inc., for a
proposed storage building. Upon motion the documents were received and filed and Res-
olution No. 132-18 Resolution of Intent to vacate and dispose of City interest in an Access
Easement over and across Lot E of Westbrook Subdivision in the City of Dubuque, Dubu-
que County Iowa was adopted setting a public hearing for a meeting to commence at 6:00
p.m. on May 21, 2018 in the Historic Federal Building.
RESOLUTION NO. 132-18
INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN AN ACCESS EASEMENT
OVER AND ACROSS LOT E OF WESTBROOK SUBDIVISION IN THE CITY OF DUBU-
QUE, DUBUQUE COUNTY, IOWA
Whereas, Callahan Construction, Inc. is the current owner of Lot E of Westbrook Sub-
division in the City of Dubuque, Dubuque County, Iowa; and
Whereas, an access easement was platted over the northerly portion of Lot E of West-
brook Subdivision according to Final Plat of Westbrook Subdivision recorded as file num-
ber 2005-3188 in the office of the Dubuque County Recorder; and
Whereas, Callahan Construction Inc. is planning to construct a storage building and
whereas the proposed location of building lies over said access easement; and
Whereas, Callahan Construction Inc. has petitioned to vacate the access easement
across the northerly portion said Lot E of Westbrook Subdivision in order to facilitate the
construction of the proposed storage building.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, intends to vacate and dispose of its interest in the
access easement across the northerly portion of said Lot E of Westbrook Subdivision in
the City of Dubuque, Dubuque County, Iowa, as shown on the attached Exhibit.
Section 2. That any and all applicable publication and recording fees are to be paid by
Callahan Construction, Inc.
Section 3. That a public hearing on the intent to vacate and dispose of City interest in
the access easement across the northerly portion of said Lot E of Westbrook Subdivision
in the City of Dubuque, Dubuque County, Iowa, is hereby set for the 21st day of May,
2018, at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, beginning at
6:00 p.m., and the City Clerk be and is hereby authorized and directed to cause a notice
of public hearing on the intent to vacate and dispose of said interest to be published in
the manner as prescribed by law.
Passed, approved and adopted this 7th day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Phase 3 – HMA Pavement Milling and Resurfacing Project US52 / White Street (9th
to 11th Streets) and 11th Street (White to Elm Streets) Initiate: City Manager recommend-
ing initiation of the public bidding procedure for the HMA Pavement Milling and Resurfac-
ing Project on US52 / White Street from 9th to 11th Streets and on 11th Street from White
to Elm Streets, and further recommends that a public hearing be set for May 21, 2018.
17
Upon motion the documents were received and filed and Resolution No. 133-18 Prelimi-
nary 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 or-
dering the advertisement for bids was adopted setting a public hearing for a meeting to
commence at 6:00 p.m. on May 21, 2018 in the Historic Federal Building.
RESOLUTION NO. 133-18
PHASE 3 - HMA PAVEMENT MILLING AND RESURFACING PROJECT US52 WHITE
STREET FROM 9TH TO 11TH STREET AND 11TH STREET FROM WHITE TO ELM
STREET
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Phase
3 - HMA Pavement Milling and Resurfacing Project on US52 White Street from 9th to 11th
Street and on 11th Street from White to Elm Street in the estimated amount $642,620.00,
are hereby preliminarily approved and ordered filed in the office of the City Clerk for public
inspection.
A public hearing will be held on the 21st day of May 2018, at 6:00 p.m. in the Historic
Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at
which time interested persons may appear and be heard for or against the proposed plans
and specifications, form of contract and estimated cost of said Project, and the City Clerk
be and is hereby directed to cause the attached notice of the time and place of such
hearing to be published in a newspaper having general circulation in the City of Dubuque,
Iowa, which notice shall be published not less than four days nor more than twenty days
prior to the date of such hearing. At the hearing, any interested person may appear and
file objections to the proposed plans, specifications, form of contract, or estimated cost of
the Project.
The Phase 3 - HMA Pavement Milling and Resurfacing Project on US52 White Street
from 9th to 11th Street and on 11th Street from White to Elm Street is hereby ordered to be
advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the Notice to Bidders to be published on the
City of Dubuque website and a contractor plan room service with statewide circulation,
which notice shall be published not less than thirteen but not more than forty-five days
before the date for filing bids before 2:00 p.m. on the 24th day of May 2018. Bids shall be
opened and read by the City Clerk at said time and will be submitted to the C ity Council
for final action at 6:00 p.m. on the 4 th day of June 2018, in the Historic Federal Building
Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
18
Passed, adopted and approved this the 7th day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC, City Clerk
5. 30-Inch Force Main Project Phase III Initiate: City Manager recommending initiation
of the public bidding procedure for Phase III of the 30 -Inch Force Main Relocation Project
from 11th Street to 12th Street, and further recommends that a public hearing be set for
May 21, 2018. Upon motion the documents were received and filed and Resolution No.
134-18 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 was adopted setting a public hearing for a
meeting to commence at 6:00 p.m. on May 21, 2018 in the Historic Federal Building.
RESOLUTION NO. 134-18
PHASE III OF THE 30-INCH FORCE MAIN RELOCATION PROJECT FROM 11TH
STREET TO 12TH STREET
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Phase
III of the 30-inch Force Main Relocation Project from 11th Street to 12th Street, in the
estimated amount of $5,726,512.00 are hereby preliminarily approved and ordered filed
in the office of the City Clerk for public inspection.
A public hearing will be held on the 21st day of May, 2018, at 6:00 p.m. in the Historic
Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Iowa, at
which time interested persons may appear and be heard for or against the proposed plans
and specifications, form of contract and estimate d cost of said Project, and the City Clerk
be and is hereby directed to cause the attached notice of the time and place of such
hearing to be published in a newspaper having general circulation in the City of Dubuque,
Iowa, which notice shall be published not less than four days nor more than twenty days
prior to the date of such hearing. At the hearing, any interested person may appear and
file objections to the proposed plans, specifications, form of contract, or estimated cost of
the Project.
Phase III of the 30-inch Force Main Relocation Project from 11th Street to 12th Street,
is hereby ordered to be advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the attached Notice to Bidders to be published
in the Master Builders of Iowa Plan Room, The Construction Update Network and posted
on the City of Dubuque website at www.cityofdubuque.org/bids and which notice shall be
published not less than thirteen but not more than forty-five days before the date for filing
bids before 2:00 p.m. on the 24th day of May, 2018. Bids shall be opened and read by the
19
City Clerk at said time and will be submitted to the City Council for final action at 6:00
p.m. on the 4th day of June 2018, in the Historic Federal Building Council Chambers (sec-
ond floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 7th day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Black Hills / Iowa Gas Utility Company, LLC Non-Exclusive Franchise Agreement:
Senior Counsel recommending adoption of a resolution setting a public hearing on a pro-
posed franchise for May 21, 2018 and dispenses with an election on the adoption of the
ordinance as provided by Iowa law. Upon motion the documents were received and filed
and Resolution No. 135-18 Setting a public hearing on an ordinance granting to Black
Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy, a Delaware Corporation,
its Successors and Assigns, the Right and Non-Exclusive Franchise to maintain and op-
erate its existing gas distribution system in the City of Dubuque, Iowa, for a period of 25
years, and authorizing the City to collect franchise fees was adopted setting a public hear-
ing for a meeting to commence at 6:00 p.m. on May 21, 2018 in the Historic Federal
Building.
RESOLUTION NO. 135-18
SETTING A PUBLIC HEARING ON AN ORDINANCE GRANTING TO BLACK
HILLS/IOWA GAS UTILITY COMPANY, LLC d/b/a BLACK HILLS ENERGY, A DELA-
WARE CORPORATION, ITS SUCCESSORS AND ASSIGNS, THE RIGHT AND NON-
EXCLUSIVE FRANCHISE TO MAINTAIN AND OPERATE ITS EXISTING GAS DISTRI-
BUTION SYSTEM IN THE CITY OF DUBUQUE, IOWA, FOR A PERIOD OF 25 YEARS,
AND AUTHORIZING THE CITY TO COLLECT FRANCHISE FEES
Whereas, Ordinance No. 43-93 granted to Peoples Natural Gas Company, Division of
Utilicorp United Inc., a Corporation, its successors and assigns, a nonexclusive authority
for a period of twenty-five years to maintain and operate its existing gas distribution sys-
tem and construct extensions thereto within the limits of the City of Dubuque, Iowa (the
Current Franchise Agreement), which Current Franchise Agreement expires September
8, 2018; and
Whereas, Black Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy, a Dela-
ware Corporation, is a successor to Peoples Natural Gas Company; and
Whereas, the City Council of the City of Dubuque and Black Hills/Iowa Gas Utility Com-
pany, LLC d/b/a Black Hills Energy desire to terminate the Current Franchise Agreement
and enter into a new franchise agreement. A copy of the Ordinance granting the franchise,
attached hereto, is on file in the Office of the City Clerk, City Hall, 50 W. 13 th Street,
Dubuque, Iowa; and
Whereas, Iowa law requires that the City Council hold a public hearing on the question
of the adoption of the Ordinance granting the franchise.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. A public hearing on the question of the adoption of the Ordinance granting
the franchise to Black Hills/Iowa Gas Utility Company, LLC d/b/a Black Hills Energy is
20
hereby set for the 21st day of May 2018 in the City Council Chambers, Historic Federal
Building, 350 West 6th Street, Dubuque, Iowa, beginning at 6:30 p.m.
Section 2. The City Council hereby dispenses with an election on the adoption of the
Ordinance as provided by Iowa Code sec. 364.2(4)(b).
Section 3. The City Clerk shall publish notice of the public hearing as required by law.
Passed, approved and adopted the 7th day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Application was reviewed for the following Board/Commission.
1. Electrical Code Board: One, 3-year term through May 21, 2021 (Expiring term of
Uhlrich). Applicant: Paul Uhlrich, 489 Olympic Heights Rd.
PUBLIC HEARINGS
1. Consolidated Funding Application (Jule Transit): Proof of publication on notice of
public hearing to conduct a public hearing on the Consolidated Funding Application be-
tween the City of Dubuque / Jule Transit and the Iowa Department of Transportation and
the City Manager recommending approval. Motion by Larson to receive and file the doc-
ument and adopt Resolution No. 136-18 Approval of grant application to the Iowa DOT
for Consolidated Funding. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 136-18
APPROVAL OF GRANT APPLICATION TO IOWA DOT FOR CONSOLIDATED FUND-
ING
Whereas, the City of Dubuque provides fixed-route and paratransit services for the
citizens of Dubuque; and
Whereas, the Iowa Department of Transportation (IDOT) is a pass-through funding
entity for federal capital and operating funds; and
Whereas, the City has historically applied through the IDOT for these funds; and
Whereas, the City Council finds that the applying for the funds to be beneficial to the
continued provision of transit service for the citizens of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa hereby endorses the attached
application to the Iowa Department of Transportation, which includes a City match.
Section 2. The Iowa Department of Transportation application will include requests and
mandatory certifications by the City of Dubuque as follows:
From the State Transit Assistance Program: 1.962469% of formula funds, Total:
$286,870;
From federal funds for transit in non -urbanized areas and/or for transit serving
primarily elderly persons and persons with disabilities: $59,430;
From statewide capital assistance (PTIG) for transit: $0;
21
From statewide federal-pass through discretionary assistance (InterCity Bus Mar-
keting Grant) for transit: $7,500;
We understand acceptance of federal transit assistance involves an agreement
to comply with certain labor protection provisions.
We certify that the City of Dubuque/The Jule has sufficient non-federal funds or
sufficient in-kind match to provide required local match for capital projects and at
time of delivery will have the funds to operate and maintain vehicles and equipment
purchased under this contract.
We request that State Transit Assistance formula funding be advanced as al-
lowed by law, to improve system cash flow.
Section 3. That Candace Eudaley-Loebach, Director of Transportation Services, is au-
thorized to on behalf of the City Council, to apply for financial assistance and to enter into
related contract(s) with the Iowa Department of Transportation.
Passed, adopted and approved this 7th day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Transit Advisory Board Youth Pass Recommendation: Proof of publication on notice
of public hearing to consider approval of the Transit Advisory Board recommendation to
increase the price of the annual youth pass for youth aged 11 -18 years from $10 per year
to $15 per year and the City Manager recommending approval. Motion by Jones to re-
ceive and file the documents and adopt Resolution No. 137-18 Establishing the fare for
the annual Fixed-Route Youth Pass. Seconded by Resnick. Motion carried 7-0.
RESOLUTION NO. 137-18
ESTABLISHING THE FARE FOR THE ANNUAL FIXED-ROUTE YOUTH PASS
Whereas, the City of Dubuque provides fixed-route and paratransit services for the
citizens of Dubuque; and
Whereas, the Jule continues to see high transit usage levels among youth; and
Whereas, The City of Dubuque desires to continue to provide fixed -route and para-
transit services to its citizens; and
Whereas, the proposed fare will impact youth riders and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The newly established student fixed-route fares are as follows effective August 1, 2018:
Student 11-18 years annual pass, $15 annual pass with proof of age
Passed, approved and adopted this 7th day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. 17th Street Storm Sewer Improvement Project from Elm Street to Heeb Street: Proof
of publication on notice of public hearing to consider approval of plans, specifications,
form of contract and estimated cost for the 17th Street Storm Sewer Improvements Project
(Elm to Heeb Streets) and the City Manager recommending approval. Motion by Jones
to receive and file the documents and adopt Resolution No. 138-18 Approval of plans,
22
specifications, form of contract, and estimated cost for the 17 th Street Storm Sewer Pro-
ject (Elm to Heeb Streets). Seconded by Resnick. Motion carried 7-0.
RESOLUTION NO. 138-18
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTI-
MATED COST FOR THE 17th STREET STORM SEWER PROJECT (ELM TO HEEB)
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
17th Street Storm Sewer Project (Elm to Heeb), in the estimated amount $5,726,512.00,
are hereby approved.
Passed, adopted and approved this 7th day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Dennis and Karen Valley, 2613 Dodge Street, and owners of Growth Industries (ABC
A Better Clean), requested that the City Council consider an amendment to the Code of
Ordinances that would allow a licensed door-to-door solicitor to leave a door hanger with-
out making direct contact with the homeowner. City Attorney Crenna Brumwell stated that
she is researching the matter and will be in contact with Mr. and Mrs. Valley.
ACTION ITEMS
1. JFK Road and NW Arterial Right-Turn-Lane Improvements Project Award: City Man-
ager recommending award of the construction contract for the JFK Road and NW Arterial
Right-Turn-Lane Improvements Project to the low bidder Midwest Concrete, Inc., subject
to Iowa DOT approval of the award. Motion by Jones to receive and file the documents
and adopt Resolution No. 139-18 Awarding the Public Improvement Contract for the
Northwest Arterial - JFK Intersection Right-Turn-Lane Improvements Iowa DOT Project
No. STP-A-2100 (688)--86-31. Seconded by Resnick. Motion carried 7-0.
RESOLUTION NO. 139-18
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE NORTHWEST ARTE-
RIAL - JFK INTERSECTION RIGHT TURN LANE IMPROVEMENTS IOWA DOT PRO-
JECT NO. STP-A-2100 (688)--86-31
Whereas, said sealed proposals were opened and read by the Iowa Department of
Transportation on the 17th day of April 2018 and it has been determined that Midwest
Concrete, Inc., of Peosta, IA, with a bid in the amount of $128,857.45 is the lowest re-
sponsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Midwest Con-
crete, Inc., subject to the concurrence by Iowa Department of Transportation (Iowa DOT),
23
and the City Manager is hereby directed to execute a Public Improvement Contract on
behalf of the City of Dubuque for the Project.
Passed, adopted and approved this 7th day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. University Avenue and N. Grandview Avenue Roundabout Intersection Improvement
Project Award: City Manager recommending award of the construction contract for the
University Avenue and N. Grandview Avenue Roundabout Intersection Improvement Pro-
ject to the low bidder Eastern Iowa Excavating & Concrete, LLC. Motion by Resnick to
receive and file the documents and adopt Resolution No. 140-18 Awarding Public Im-
provement Contract for the University Avenue and North Grandview Avenue Roundabout
Intersection Improvement Project Iowa DOT Project No. STP-A-2100 (689)--86-31. Se-
conded by Larson. Responding to questions from the City Council, Assistant City Engi-
neering explained the process behind the subject IDOT approval, how bid criteria and
strict timeline impacts project costs and how the project schedule will fit into the school
summer dismissal and fall start up. Motion carried 7-0.
RESOLUTION NO. 140-18
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE FOR THE UNIVERSITY
AVENUE AND NORTH GRANDVIEW AVENUE ROUNDABOUT INTERSECTION IM-
PROVEMENT PROJECT IOWA DOT PROJECT NO. STP-A-2100 (689)--86-31
Whereas, said sealed proposals were opened and read by the Iowa Department of
Transportation on the 17th day of April 2018 and it has been determined that Eastern Iowa
Excavating & Concrete, LLC, of Cascade, IA, with a bid in the amount of $1,257,852.18
is the lowest responsive, responsible bidder for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Eastern Iowa
Excavating & Concrete, LLC, subject to the concurrence by Iowa Department of Trans-
portation (Iowa DOT), and the City Manager is hereby directed to execute a Public Im-
provement Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 7th day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. SW Arterial / English Mill Road Reconstruction Project Acceptance: City Manager
recommending acceptance of the public improvement construction contract for the South-
west Arterial / English Mill Road Reconstruction – Grading, Bridge & Paving Project as
completed by Taylor Construction, Inc. Motion by Jones to receive and file the documents
and adopt Resolution No. 141-18 Accepting the Southwest Arterial / English Mill Road
Reconstruction, Grading, Bridge & Paving Project, Iowa DOT Project No. HDP-2100
(657)--7131 and authorizing the payment of the contract amount to the contractor . Se-
conded by Del Toro. Motion carried 7-0.
24
RESOLUTION NO. 141-18
ACCEPTING THE SOUTHWEST ARTERIAL - ENGLISH MILL ROAD RECONSTRUC-
TION, GRADING, BRIDGE & PAVING PROJECT, IOWA DOT PROJECT NO. HDP-
2100 (657)--71-31 AND AUTHORIZING THE PAYMENT OF THE CONTRACT
AMOUNT TO THE CONTRACTOR
Whereas, the Southwest Arterial - English Mill Road Reconstruction, Grading, Bridge
& Paving Project Iowa DOT Project No. HDP-2100 (657)--71-31 (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
Southwest Arterial Capital Improvement appropriation for the contract amount of
$3,537,299.50 less any retained percentage provided for therein as provided in Iowa
Code chapter 573, and to pay such retainage only in accordance with the provis ions of
Iowa Code chapter 573.
Passed, approved and adopted this 7th day of May 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE SOUTHWEST
ARTERIAL PROJECT ENGLISH MILL ROAD RECONSTRUCTION - GRADING,
BRIDGE & PAVING PROJECT IOWA DOT PROJECT NO. HDP-2100 (657)--71-31
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Southwest Arterial Project English Mill Road Reconstruction - Grading,
Bridge & Paving Project Iowa DOT Project No. HDP-2100 (657)--71-31, and that the Pro-
ject has been performed in compliance with the terms of the Public Improvement Con-
tract, and that the total cost of the completed work is $3,790,695.47.
Dated this 2nd day of May 2018
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 2nd day of May 2018.
/s/Kevin S. Firnstahl, City Clerk
4. City Council Pre-Approval of Accounts Payable: City Manager recommending that
City payments be first approved by City Council and further recommends exceptions to
that policy consistent with state law. Motion by Del Toro to receive and file the documents
and adopt Resolution No. 142-18 Approving Pre-Payment of Claims. Seconded by Lar-
son. Responding to questions from the City Council, City Manager Van Milligen stated
that the change and list of exceptions are a matter of State Code as interpreted by the
State Auditor and may result in a delay in vendor payments adding that the alternate week
check runs will not impact the City’s cash position. Motion carried 6 -1 with Shaw voting
nay.
25
RESOLUTION NO. 142-18
APPROVING PREPAYMENT OF CLAIMS
Whereas, the City of Dubuque is committed to making timely payment of amounts due
to avoid service interruptions and penalties or late fees which would become due if pay-
ments are not timely made.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, that the Finance Director be and is hereby authorized to issue checks
in payment of the following expenditures prior to City Council approval:
1. Bonds and principal representing bonded indebtedness of the City, when said
bonds and principal are due and presented for payment.
2. All interest on bonded indebtedness of the City when the same is due and
coupons are presented for payment, or when the contracted bond Registrar re-
quests payment.
3. All sales tax due the State of Iowa.
4. All utility bills for water, electricity, gas, telecommunications, etc.
5. All medical, dental, disability and life insurance premiums and medical claims
from insurance provider.
6. All annual premiums for the City’s property, liability, and pollution policies.
7. Salaries and wages of officers and employees at the rates authorized by City
Council.
8. Payment of federal and state withholding taxes, social security, medicare, re-
tirement fund and IPERS contributions, and unemployment taxes as required.
9. Contractual payments for items approved by previous Council actions.
10. Reimbursements to employees for budgeted purchases (ie: travel costs).
11. Deposit refunds under facility rental contracts.
12. Utility overpayment refunds.
13. To take advantage of early payment discounts.
Passed and approved this 7th day of May, 2018.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Greater Dubuque Development Corporation Board Membership Appointments : Cor-
respondence from the Greater Dubuque Development Corporation requesting appoint-
ments of two City Council representatives on its Board of Directors for July 2018 through
June 2019. Current representatives are Council Members Brett Shaw and Luis Del Toro.
Following discussion, the City Council concurred on retaining the current Council repre-
sentation. Responding to an inquiry by Mayor Buol, City Manager Van Milligen confirmed
the Mayor’s representation, and staff representatives City Manager Van Milligen and the
Economic Development Director Maurice Jones.
6. Southwest Arterial April Update Video: Cable TV Division presented a video of the
recent progress of the Southwest Arterial Project (April 2018). Motion by Resnick to re-
ceive and file the information. Seconded by Jones. Motion carried 7 -0.
26
COUNCIL MEMBER REPORTS
Council Member Shaw expanded on Dennis Valley’s comments made during Public
Input about amending the door-to-door solicitor ordinance. Mr. Shaw supported a review
of allowing distributing door hangers as a business tool, but also expressed concerns he’s
received from citizens over unwanted circulars being left at doors.
Council Member Jones recognized everyday heroes among City employees who keep
the city running 24/7 citing such things as flood water pumping. Mr. Jones also asked for
assistance in identifying the City employee, possibly from Public Works, who assisted a
paper delivery person who was having a medical emergency and who remained on the
scene until Dubuque Fire personal arrived.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:24 p.m. to discuss pending litigation
and real estate transfer negotiations pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa.
Seconded by Resnick. Mayor Buol stated for the record that the attorney who will consult
with City Council on the issues to be discussed in the closed session is City Attorney
Crenna Brumwell. Motion carried 7-0.
Upon motion, the City Council reconvened in open session at 8:20 p.m. giving staff
proper direction.
There being no further business, upon motion the City Council adjourned at 8:21 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk