7 01 19 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 July 1, 2019 in the
second-floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Pro Tem Rios; Council Members Jones, Resnick, Shaw; City Manager
Van Milligen, City Attorney Brumwell
Absent: Mayor Buol; Council Members Del Toro and Larson
Mayor Pro Tem Rios read the call and stated this is a regular session of the City Coun-
cil called for the purpose of conducting such business that may properly come before the
City Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
1. Sister Cities International Day (July 15, 2019) was accepted by Sister City Commit-
tee/Travel Dubuque Representative Becky Carkeek.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Jones. Council Member Resnick requested #5 be held
for separate discussion. Motion carried 4-0.
1. Minutes and Reports Submitted: City Council proceedings of 6/17; Five Flags Civic
Center Advisory Commission of 5/28; Housing Commission of 4/23, 5/28; Resilient Com-
munity Advisory Commission of 6/6; Transit Advisory Board of 6/20; Proof of publication
for City Council Proceedings of 6/3; Proof of publication for List of Claims and Summary
of Revenues for Month Ending 5/31. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Lily Michele Reed for property damage; Marc
Zugenbuehler for vehicle damage; Frantz Family Properties, LLC / CHS Forwards, LLC
vs. City of Dubuque, et al. for conveyance of real property. 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: Lily Michele Reed for property damage, Marc Zugenbuehler for vehicle
damage. Upon motion the documents were received, filed, and concurred.
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4. Approval of City Expenditures: City Manager recommending Council approval for
payment of City expenditures. Upon motion the documents were received and filed, and
Resolution No. 242-19 Authorizing the Finance Director-City Treasurer to make certain
payments of bills that must be paid and approved for payment in accordance with City
procedures was adopted.
RESOLUTION NO. 242-19
AUTHORIZING THE FINANCE DIRECTOR-CITY TREASURER TO MAKE CERTAIN
PAYMENTS OF BILLS THAT MUST BE PAID AND APPROVED FOR PAYMENT IN
ACCORDANCE WITH CITY PROCEDURES
Whereas, Section 1-7-7(E) of the Municipal Code of the City of Dubuque provides that
the Finance Director-City Treasurer shall keep an accurate account of all disbursements,
money, or property, specifying date, to whom, and from what fund paid; and
Whereas, the invoices, presented by those firms and persons providing such goods
and services have been pre-audited by Finance Department personnel in accordance
with generally accepted internal control procedures and have been determined to have
been requisitioned for a lawful municipal purpose; and
Whereas, the Finance Director-City Treasurer has provided a list of Expenditures at-
tached hereto, and by this reference made a part h ereof, to be drawn to pay for goods
and services provided for City purposes; and
Whereas, the City Council of the City of Dubuque has heretofore, by Resolution 142 -
18 adopted May 7, 2018, authorized the Finance Director-City Treasurer to issue checks
in payment of certain expenditures known as Exception Expenditures prior to City Council
approval and such list is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Finance Director-City Treasurer is hereby authorized to issue payment
for goods and services provided for City purposes in response to the purchase orders
and contracts issued in compliance with state and municipal code requirements as re-
quested by designated requisitioning authorities in accordance with approved budget ap-
propriations.
Section 2. In accordance with Iowa Code Section 372.13(6), the City Clerk and Finance
Director are hereby authorized and directed to provide the statement of receipts and dis-
bursements to the City Council, and to publish a summary thereof.
Passed, approved, and adopted this 1st day of July 2019.
Jake Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
5. Arts and Cultural Affairs - Operating and Special Project Grants for Fiscal Year 2020:
City Manager recommending approval of the recommended recipients and grant amounts
of the Fiscal Year 2020 Arts Operating Support and Special Project grants as approved
by the Arts & Cultural Affairs Advisory Commission. Motion by Jones to receive and file
and approve the recommendation. Seconded by Shaw. Council Member Resnick stated
that the City Attorney has advised that he does not have a conflict of interested in the
matter of Northeast Iowa School of Music’s grant application for operating support, but
that he preferred another Council Member make the motion. Motion carried 4-0.
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6. Dubuque Racing Association 2018 Annual Report: City Manager providing a copy
of the Dubuque Racing Association's 2018 Annual Report. Upon motion the documents
were received and filed.
7. Award and Accept Harlan Street and Euclid Street Alley Sanitary Sewer Reconstruc-
tion Project: City Manager recommending that the award for the Harlan Street and Euclid
Street Alley Sanitary Sewer Reconstruction Project to Temperley Excavating, Inc. be of-
ficially recorded in the minutes of the City Council. Upon motion the documents were
received, filed and made a Matter of Record.
8. Award Usha Park Parking Lot Expansion Project: City Manager recommending that
the award for the Usha Park Parking Lot Expansion Project to Eastern Iowa Excavating
& Concrete, LLC be officially recorded in the minutes of the City Council. Upon motion
the documents were received, filed and made a Matter of Record.
9. Awarding Orchard Drive Water Main Extension Projec t: City Manager recommend-
ing that the award for the Orchard Drive Water Main Extension Project to Drew Cook &
Sons Excavating 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.
10. Awarding the Grand River Center First Floor Concourse Carpet Replacement Pro-
ject: City Manager recommending that the award for the Grand River Center First Floor
Concourse Carpet Replacement Project to Floor Show Companies be officially recorded
in the minutes of the City Council. Upon motion the documents were received, filed and
made a Matter of Record.
11. Dubuque Museum of Art Request for Consideration of Planning for Potential En-
hancements to Washington Park: City Manager recommending that the Mayor and City
Council receive and file this item and give this request consideration during the annual
goal setting that is scheduled for August 12, 13 and 14, 2019. Upon motion the document
was received and filed.
12. Small Community Air Service Development Pilot Program Application - Letters of
Support: Letters of Support from Mayor Buol and City Manager Van Milligen to the Office
of Aviation Analysis in support of the Dubuque Regional Airport’s application for the Small
Community Air Service Development Pilot Program at the Dubuque Regional Airport.
Upon motion the documents were received and filed.
13. Iowa Department of Transportation (IDOT) Funding Agreement No. 2019 -TS-017
for the STREETS Program: City Manager recommending approval for the Mayor to exe-
cute a Funding Agreement with the Iowa Department of Transportation for a Traffic Safety
Improvement Grant for the purchase and installation of dynamic message signs along US
20, as part of Phase I of the Dubuque STREETS Project. Upon motion the documents
were received and filed, and Resolution No. 243-19 Approving the Funding Agreement
(Agreement No. 2020-TS-017) with the Iowa Department of Transportation for a Traffic
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Safety Improvement Program to fund the Smart Traffic Routing with Efficient and Effective
Traffic Signals (STREETS) was adopted.
RESOLUTION NO. 243-19
APPROVING THE FUNDING AGREEMENT (AGREEMENT NO. 2020 -TS-017) WITH
THE IOWA DEPARTMENT OF TRANSPORTATION FOR A TRAFFIC SAFETY IM-
PROVEMENT PROGRAM TO FUND A DYNAMIC MESSAGE SIGN AS PART OF
PHASE I OF THE SMART TRAFFIC ROUTING WITH EFFICIENT AND EFFECTIVE
TRAFFIC SIGNALS (STREETS)
Whereas, the STREETS project is designed to improve traffic conditions throughout
the Dubuque metro area by distributing traffic more evenly on the region’s major corridors.
The STREETS project will modify the signal timings through a seamless interface be-
tween a signal timing model and signals used in the field; and
Whereas, the City has determined that STREETS projec t will reduce congestion,
shorten travel times, improve air quality, and improve safety in the metro area. By rerout-
ing traffic on the roads with extra capacities dynamically, it is expected that the proposed
system will reduce traffic bottlenecks as recom mended by the adopted East-West Corri-
dor Study; and
Whereas, the City in partnership with DMATS requested Traffic Safety Improvement
Program funding in the amount of $100,000 to assist with a Phase I of the Dubuque
STREETS program.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOL-
LOWS:
Section 1. That said Funding Agreement (Agreement No. 2020 -TS-017) between the
City of Dubuque and the Iowa Department of Transportation is hereby approved.
Section 2. That the Mayor is hereby authorized and dire cted to execute the Funding
Agreement (Agreement No. 2020-TS-017) for a dynamic message sign as part of Phase
I of the Smart Traffic Routing with Efficient and Effective Traffic Signals (STREETS) pro-
gram.
Passed, approved, and adopted this 1st day of July 2019.
Jake Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
14. Iowa Department of Transportation (IDOT) Funding Agreement No. 2019 -TS-025
for the STREETS Program Study: ty Manager recommending approval for the Mayor to
execute a Funding Agreement with the Iowa Department of Transportation for a Traffic
Safety Improvement Grant to assist with funding the Smart Traffic Routing with Efficient
and Effective Traffic Signals (STREETS) study that will develop a smart, next generation
traffic management and control system. Upon motion the documents were received and
filed, and Resolution No. 244-19 Approving the Funding Agreement (Agreement No.
2019-TS-025) with the Iowa Department of Transportation for a Traffic Safety Improve-
ment grant to fund the Smart Traffic Routing with Efficient and Effective Traffic Signals
(STREETS) was adopted.
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RESOLUTION NO. 244-19
APPROVING THE FUNDING AGREEMENT (AGREEMENT NO. 2019 -TS-025) WITH
THE IOWA DEPARTMENT OF TRANSPORTATION FOR A TRAFFIC SAFETY IM-
PROVEMENT GRANT TO FUND THE SMART TRAFFIC ROUTING WITH EFFICIENT
AND EFFECTIVE TRAFFIC SIGNALS (STREETS) STUDY
Whereas, the STREETS project is designed to improve traffic conditions throughout
the Dubuque metro area by distributing traffic more evenly on the region’s m ajor corridors.
The STREETS project will modify the signal timings through a seamless interface be-
tween a signal timing model and signals used in the field; and
Whereas, the City has determined that STREETS project will reduce congestion,
shorten travel times, improve air quality, and improve safety in the metro area. By rerout-
ing traffic on the roads with extra capacities dynamically, it is expected that the proposed
system will reduce traffic bottlenecks as recommended by the adopted East -West Corri-
dor Study; and
Whereas, the City in partnership with DMATS requested Traffic Safety Grant funding
in the amount of $50,000 to assist with a study to develop the STREETS scope.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOL-
LOWS:
Section 1. That said Funding Agreement (Agreement No. 2019-TS-025) between the
City of Dubuque and the Iowa Department of Transportation is hereby approved.
Section 2. That the Mayor is hereby authorized and directed to execute the Funding
Agreement (Agreement No. 2019-TS-025) for a study to develop the Smart Traffic Rout-
ing with Efficient and Effective Traffic Signals (STREETS) scope.
Passed, approved, and adopted this 1st day of July 2019.
Jake Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
15. Consent to Amendment to Sublease Agreement between Dubuque Racing Asso-
ciation and Iowa Greyhound Association : City Manager recommending that the City
Council consent to the Amendment to Sublease Agreement between Dubuque Racing
Association and Iowa Greyhound Association that extends the sublease to March 31,
2024. Upon motion the documents were received, filed and approved.
16. Fiscal Year 2020 Workers' Compensation Excess Insurance Renewal: City Man-
ager recommending approval of the Workers' Compensation excess insurance renewal
rate submitted by Safety National, the City's current carrier, effective July 1, 2019 through
June 30, 2020. Upon motion the documents were received, filed and approved.
17. Approval of the Administrative Services Agreement between RxBenefits, In c. and
the City of Dubuque: City Manager recommending approval of the Administrative Ser-
vices Agreement with RxBenefits, Inc. and authorizing the City Manager to execute the
agreement. Upon motion the documents were received, filed and approved.
18. Collective Bargaining Agreement Between the City of Dubuque and the Dubuque
Police Protective Association: City Manager recommending that the City Council receive
and file the arbitration award for the Collective Bargaining Agreement between the City
6
of Dubuque and the Dubuque Police Protective Association. Upon motion the documents
were received and filed.
19. Code of Ordinances – Adoption of Supplement No. 32: City Clerk recommending
adoption of Supplement No. 32 to the City of Dubuque Code of Ordinances. Upon motion
the documents were received and filed, and Resolution No. 245-19 Adopting Supplement
No. 32 to the Code of Ordinances of the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 245-19
ADOPTING SUPPLEMENT NO. 32 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.
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. 32 to the City of Dubuque Code of Ordinances, which
codifies Ordinance Nos. 2-19, 9-19, 11-19 through 17-19, 22-19 and 23-19 is hereby
adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa.
Passed, approved, and adopted this 1st day of July 2019.
Jake Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
20. Mediacom Communications Company: Correspondence from Lee Grassley, Sen-
ior Manager of Government Relations for Mediacom Communications Company, inform-
ing the City of programming changes on or about July 22, 2019. Upon motion the docu-
ment was received and filed.
21. Signed Contract(s): Alliant Energy Interruptible Service Contract 2019-2020; Amer-
ican River Transportation Co. dba ARTCO Fleeting Services Short-term Docking License
Agreement. Upon motion the document was received and filed.
22. Improvement Contracts / Performance, Payment and Maintenance Bonds: Eastern
Iowa Excavating and Concrete for the Usha Park Parking Lot Expansion; Drew Cook &
Sons Excavating, Co., Inc. for Orchard Drive Water Main Extension Project 2019; Mid-
west Concrete, Inc. for the 2019 Asphalt Overlay Ramp Project Three. Upon motion the
documents were received, filed and approved.
23. Alcohol License Applications: City Manager recommending approval of annual
beer, liquor and wine licenses as submitted. Upon motion the documents were received
7
and filed, and Resolution No. 246-19 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. 246-19
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
7 Hills Brewing Co, LLC 1085 Washington St. Class C Liquor, Brew Pub
(Outdoor) (Sunday)
Creslanes Bowling 255 South Main St. Class C Liquor (Sunday)
Diamond Jo Casino 301 Bell St. Class C Liquor, Class B Wine
(Outdoor) (Sunday)
Fischer Lanes 880 Locust St. Class C Liquor (Sunday)
Kwik Star #236 2035 John F Kennedy Rd. Class C Beer, Class B Native
Wine (Sunday)
Oolong Asian Cuisine 145 West 11th St. Special Class C Liquor, Class
B Native Wine
Special Event(s) per Special Event Application Submittal
Dubuque Main Street
7-15 and 8-12
700 Main St. Special Class C Liquor (Out-
door)
Passed, approved, and adopted this 1st day of July 2019.
Jake Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
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 4-0.
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1. Chaplain Schmitt Veteran's Memorial Site Improvements Project : City Manager rec-
ommending initiation of the public bidding procedure for the Chaplain Schmitt Veteran’s
Memorial Project, and further recommends that a public hearing be set for July 15, 2019.
Upon motion the documents were received and filed and Resolution No. 247-19 Prelimi-
nary approval of plans, specifications, form of contract and estimated cost; setting the
date for a public hearing on plans, specifications, form of contract, and estimated cost;
and ordering the advertisement of bids for the Chaplain Schmitt Veteran's Memorial Pro-
ject was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on July
15, 2019 in the Historic Federal Building.
RESOLUTION NO. 247-19
CHAPLAIN SCHMITT VETERAN’S MEMORIAL PROJECT
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 THAT:
Section 1. The proposed plans, specifications, form of contract and estimated cost for
the Chaplain Schmitt Veteran’s Memorial Project in the estimated amount $2,511,000.00,
are hereby preliminarily approved and ordered filed in the office of the City Clerk for public
inspection.
Section 2. A public hearing will be held on the 15th day of July 2019, at 6:00 p.m. in the
Historic Federal Building Council Chambers (second floor) 350 W. 6 th Street, Dubuque,
Iowa, at which time interested persons may appear and be heard for or against the pro-
posed 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 esti-
mated cost of the Project.
Section 3. The Chaplain Schmitt Veteran’s Memorial Project is hereby ordered to be
advertised for bids for construction.
Section 4. 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.
Section 5. The City Engineer is hereby directed to advertise for bids for the construction
of the improvements 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 circu-
lation, 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 1 st day of August 2019. Bids
shall be opened and read by the City Clerk at said time and will be submitted to the City
Council for final action at 6:00 p.m. on the 19th day of August 2019, in the Historic Federal
Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 1st day of July 2019.
Jake Rios, Mayor Pro Tem
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Attest: Kevin S. Firnstahl, City Clerk
2. Vacate Public Utility Easements on Lot 3 of Plaza Court, 1590 Curtis Street : City
Manager recommending that the City Council set a public hearing for July 15, 2019, on
the disposal of a public utility easement across a portion of Lot 3 of Plaza Court, common
address 1590 Curtis Street. Upon motion the documents were received and filed and
Resolution No. 248-19 Resolution of Intent to vacate and dispose of City interest in public
utility easement over and across Lot 3 of Plaza Court, in the City of Dubuque, Iowa was
adopted setting a public hearing for a meeting to commence at 6:00 p.m. on July 15, 2019
in the Historic Federal Building.
RESOLUTION NO. 248-19
RESOLUTION OF INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN PUB-
LIC UTILITY EASEMENTS OVER AND ACROSS LOT 3 OF PLAZA COURT, IN THE
CITY OF DUBUQUE, IOWA
Whereas, Kimberly L. Belton is the current owner of Lot 3 of Plaza Court, in the City of
Dubuque, Dubuque County, Iowa; and
Whereas, a public utility easement was platted over a portion of Lot 3 of Plaza Court
according to Final Plat of Plaza Court recorded in Plat Book 25, Page 252, in the office of
the Dubuque County Recorder; and
Whereas, Kimberly L. Belton, owner of Lot 3 of Plaza Court, and Mich ael J. and Julie
A. White, owners of Lot 2 of Julie Ann Subdivision are planning to replat and make im-
provements, including a new garage, to their respective lots and whereas the proposed
location of the lot lines and improvements lies over said utility easements; and
Whereas, Kimberly L. Benton and Michael J. and Julie A. White have petitioned to
vacate the public utility easement across a portion of said Lot 3 of Plaza Court in order to
facilitate the proposed improvements and lot replatting.
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 easement across a portion of Lot 3 of Plaza Court 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
Michael J. and Julie A. White.
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 3 of Plaza Court in the City of Dubuque,
Dubuque County, Iowa, is hereby set for the 15th day of July, 2019, 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 1st day of July 2019.
Jake Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
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3. Chavenelle Road Hike/Bike Trail Phase I: City Manager recommending initiation of
the public bidding procedure through the Iowa Department of Transportation for the Cha-
venelle Road Hike-Bike Trail Phase 1 Project, and further recommends that a public hear-
ing be set for July 15, 2019. Upon motion the documents were received and filed and
Resolution No. 249-19 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 was adopted setting a public hearing for a meeting to commence at
6:00 p.m. on July 15, 2019 in the Historic Federal Building.
RESOLUTION NO. 249-19
CHAVENELLE ROAD HIKE-BIKE TRAIL – PHASE 1 PROJECT IOWA DOT PROJECT
NO. EDP-2100(695)—7Y-31
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
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 Cha-
venelle Road Hike-Bike Trail – Phase 1 Project in the estimated amount $699,529.00, 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 15th day of July, 2019, 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 f our 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.
Passed, adopted, and approved this the 1st day of July 2019.
Jake Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
4. Sky Blue Housing Urban Renewal Area: City Manager recommending approval of a
Resolution of Necessity that finds that an Urban Renewal Plan for the Sky B lue Housing
Urban Renewal Area is both necessary and appropriate and sets a public hearing on the
proposed plan for August 5, 2019. Upon motion the documents were received and filed
and Resolution No. 250-19 Resolution of Necessity finding that certain property in and
near Sky Blue Estates and Eagle Valley Subdivision is an Economic Development Area
and that the development of said area is necessary in the interest of the residents of the
City of Dubuque, Iowa, and setting a date for hearing on a proposed U rban Renewal Plan
for said District was adopted setting a public hearing for a meeting to commence at 6:00
p.m. on August 5, 2019 in the Historic Federal Building.
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RESOLUTION NO. 250-19
RESOLUTION OF NECESSITY FINDING THAT CERTAIN PROPERTY IN AND NEAR
SKY BLUE ESTATES AND EAGLE VALLEY SUBDIVISION IS AN ECONOMIC DE-
VELOPMENT AREA AND THAT THE DEVELOPMENT OF SAID AREA IS NECES-
SARY IN THE INTEREST OF THE RESIDENTS OF THE CITY OF DUBUQUE, IOWA,
AND SETTING A DATE FOR HEARING ON A PROPOSED URBAN RENEWAL PLAN
FOR SAID DISTRICT
Whereas, the City Council of the City of Dubuque has determined that the creation of
the Sky Blue Housing Urban Renewal Area will stimulate, through public involvement and
commitment, private investment in new housing and residential development as defined
by Iowa Code 403.17(12), as described in the Urban Renewal Plan; and
Whereas, the City Council has determined that the area described in Attachment A to
this Resolution meets the definition of an economic development area as defined in Chap-
ter 403 “Urban Renewal” of the Iowa Code; and
Whereas, a significant need for housing units exists in the community and local re-
sources are needed to advance the development; and
Whereas, Iowa Code Chapter 403 requires that before urban renewal authority may
be exercised, a City Council must adopt a resolution of necessity finding that the area in
question is a slum, blighted or economic development area, and that so designating such
area is necessary in the interest of the public health, safety or welfare of the residents of
the municipality.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the proposed Sky Blue Housing Urban Renewal Area, generally de-
scribed in Attachment A to this Resolution, is an economic development area as defined
by Chapter 403 of the Iowa Code, appropriate for public improvements related to housing
and residential development, and is appropriate for an urban renewal project.
Section 2. That the development of the Sky Blue Housing Urban Renewal Area is nec-
essary and appropriate to facilitate the proper growth and development of the community
in accordance with sound planning and local community objectives.
Section 3. That the development of this area will provide new opportunities for qua lity
housing and job creation in the community.
Section 4. That the City Manager is authorized and directed to prepare an Urban Re-
newal Plan for the Sky Blue Housing Urban Renewal Area, to forward said Plan to the
City's Long Range Planning Commission for review and comment and to begin the con-
sultation process required by law with affected taxing entities.
Section 5. That the City Clerk is directed to publish notice of a public hearing on the
adoption of an Urban Renewal Plan for the Sky Blue Housing Urban Renewal Area to be
held on the 5th day of August, 2019, at 6:00 p.m. in the Historic Federal Building in Dubu-
que, Iowa, 350 W. 6th Street, Dubuque, Iowa and that said notice shall generally identify
the area covered by the Plan and the general scope of the Urban Renewal Plan activities
planned for such area.
Section 6. That the City Clerk is further directed to send by ordinary mail a copy of said
Plan and notice of public hearing to the Dubuque Community School District and the
County Board of Supervisors, as the affected taxing entities.
Passed, approved, and adopted this 1st day of July 2019.
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Jake Rios, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Review of applications: Applicants were invited to address the City Council regarding
their desire to serve on the following Boards/Commissions.
1. Arts and Cultural Affairs Advisory Commission : One, 3-Year term through June 30,
2022 (Vacant term of Armstrong). Applicant: Nicholas Halder, 876 S. Grand Avenue. Mr.
Halder submitted a letter of support to the City Council.
2. Electrical Code Board: One, 3-Year term through May 21, 2021 (Vacant term of
Nebel Jr.). Applicant: Eric Trausch, 1290 Kelly Ln.
3. Housing Trust Fund Advisory Committee: One, 3-Year term through August 17, 2021
(Vacant term of Hingtgen). Applicant: Michelle Becwar, 2115 Coates St. Ms. Becwar sub-
mitted a letter of support to the City Council.
4. Resilient Community Advisory Commission: One, 3-Year term through June 30,
2022 (Expiring term of Kohlhaas). Applicant: Jacob Kohlhaas, 1125 Richards Rd.
5. Zoning Board of Adjustment: One, 5-Year term through June 30, 2024 (Changed to
expired term of Pope). Applicant: Gwen Kosel, 455 South Grandview.
PUBLIC HEARINGS
1. Nomination of Eagle Point Park as a City Landmark Site : Proof of publication on
notice of public hearing to consider approval of an application to the State Historic Preser-
vation Office nominating Eagle Point Park as a City Landmark Site, and the City Man ager
recommending approval. Motion by Jones to consider this the first reading of a proposed
ordinance amending Title 16 Unified Development Code, Chapter 10 Historic Preserva-
tion of the City of Dubuque Code of Ordinances by adding Eagle Point Park as a La nd-
mark Site. Seconded by Shaw. Planning Services Manager Laura Carstens provide a
staff report. Ms. Carstens and Historic Preservation Chair Person Emily Hilgendorf re-
sponded to questions from the City Council stating that the recent property donation to
the park is not included in the designation but could be considered in a future nomination.
Council Member Jones noted for the record that without a super majority of the Council
present to adopt the ordinance, the recommendation must automatically go to a second
reading [July 15, 2019]. Motion carried 4-0.
2. Intent to Dispose of City-Owned Property at 445 Loras Boulevard: Proof of publica-
tion on notice of public hearing to consider the sale of City-owned property at 445 Loras
Boulevard to Affordable Housing Network, Inc. (AHNI), and the City Manager recom-
13
mending approval. Motion by Jones to receive and file the documents and adopt Resolu-
tion No. 251-19 Disposing of City interest in real estate located at 445 Loras Boulevard in
the City of Dubuque, Iowa. Seconded by Resnick. Motion carried 4-0.
RESOLUTION NO. 251-19
DISPOSING OF CITY INTEREST IN REAL ESTATE LOCATED AT 445 LORAS
BOULEVARD, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 236-19 dated June 17, 2019, declared
its intent to dispose of City interest in real property located at 445 Loras Boulevard, legally
described as:
Lot 5 of the Subdivision of Out Lot 667 in the City of Dubuque, Iowa, according to
the recorded plat thereof; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on July 1, 2019, at 6:00 p.m. in the Historic Federal Building, 350 W. 6th Street,
Dubuque, Iowa; and
Whereas, Affordable Housing Network, Inc. has signed an offer to purchase; and
Whereas, Affordable Housing Network, Inc. will rehabilitate the property and sell the
property as a single-family residence to an income qualified family; and
Whereas, the City Council finds that it is in the best interest of the City to approve the
disposition of such interest in the Property to Affordable Housing Network, Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque hereby approves the disposition of the City’s in-
terest in the following legally-described property:
Lot 5 of the Subdivision of Out Lot 667 in the City of Dubuque, Iowa, according to
the recorded plat thereof.
Section 2. That the Mayor is hereby authorized and directed to provide a Special War-
ranty Deed to the buyer, conveying the City’s interest to Affordable Housing Network, Inc.
for the herein-described real estate.
Section 3. That the City Clerk is hereby authorized and directed to cause said Special
Warranty Deed to be recorded in the Office of the Dubuque County Recorder.
Passed, approved, and adopted this 1st day of July 2019.
Jake Rios, Mayor Pro Tem
Attest: Kevin Firnstahl, City Clerk
ACTION ITEMS
1. Code of Ordinances Amendment - Title 2 Community Development Advisory Com-
mission: City Manager recommending approval of an ordina nce which adds a new Title
2, Chapter 5, Article C which establishes the Community Development Advisory Commis-
sion and provides for the powers, operation, membership and meetings. Motion by Jones
to receive and file the documents and consider this the firs t reading of a proposed ordi-
nance amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions,
Chapter 5 Housing Agency and Community Development Commissions by repealing Ar-
ticle C Community Development Advisory Commission and adopting a new Article C
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Community Development Advisory Commission in lieu thereof establishing the Commu-
nity Development Advisory Commission and providing for the powers, operation, mem-
bership, and meetings. Seconded by Resnick. [Second reading July 15, 2019] Motion
carried 4-0.
2. Southwest Arterial Construction Update Video: The Cable TV Division showed a
video of the recent progress of the Southwest Arterial Project for June 2019. Motion by
Resnick to receive and file the information and watch the video. Seconded by Shaw. Mo-
tion carried 4-0.
COUNCIL MEMBER REPORTS
Council Member Jones wished everyone a happy 4th of July Holiday and asked resi-
dents and visitors to exercise caution and patience during the July 3 fireworks display on
the Hawthorne Street Peninsula. Mr. Jones also recognized Perry Mason of Radio Dubu-
que for his tenured organization of the event on behalf of the Dubuque Jaycees.
There being no further business, upon motion the City Council adjourned at 6:24 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk