9 16 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 September 16, 2019
in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6 th Street.
Present: Mayor Buol; Council Members Del Toro, Jones, 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 City
Council.
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1. Iowa D.A.R.E Officers Association Award: The 2019 Iowa D.A.R.E Officers Associ-
ation 5-Star Volunteer Award was presented to Michael Duehr of the Fraternal Order of
Eagles by Police Chief Mark Dalsing, City of Dubuque D.A.R.E. Officer Police Officer Rick
Fullmer and Dubuque County D.A.R.E Officer Sheriff's Deputy Sara Jenaman.
PROCLAMATION(S)
1. Days of Peace and Nonviolence (September 17-29, 2019) was accepted by Barbara
Ilton, Chair of the Days of Peace Committee and Committee Members RRS Stewart and
Art Roche.
2. Rail Safety Week (September 22-28, 2019) was accepted by Assistant City Engineer
Bob Schiesl.
3. Crop Walk Day (October 6, 2019): was accepted by Co-Chair Sara McCaw of Dubu-
que Area Congregations United.
4. Brain Health Awareness Month (October 2019) was accepted by Clara Capron and
Debbie Butler of the Brain Health Now Committee.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Jones. Motion carried 6-0.
1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of
8/27; City Council Proceedings of 9/3, 9/9; Cable TV Commission of 9/4; Housing Com-
mission of 8/27; Library Board of Trustees of 7/25; Zoning Advisory Commission of 9/4;
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Zoning Board of Adjustment of 8/22; Proof of Publication for City Council Proceedings of
8/12, 8/13, 8/14, 8/19. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Ronald Bahr for vehicle damage, Alec Lee Benson for
vehicle damage, Michael Dorr for vehicle damage, Keaton Kephart for vehicle damage,
Michael and Jill Pankow for property damage, Christy Reed for property damage. Upon
motion the documents were received, filed, and referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Ronald Bahr for vehicle damage, Alec Lee Benson for vehicle damage,
Michael Dorr for vehicle damage, Keaton Kephart for vehicle damage, Michael and Jill
Pankow for property damage, Christy Reed for property damage. Upon motion the docu-
ments were received, filed, and concurred.
4. Approval of City Expenditures: City Manager recommended City Council approval
for payment of City expenditures. Upon motion the documents were received and filed,
and Resolution No. 329-19 Authorizing the Director of Finance and Budget/City Treasurer
to make certain payments of bills that must be paid and approved for payment in accord-
ance with City procedures was adopted.
RESOLUTION NO. 329-19
AUTHORIZING THE DIRECTOR OF FINANCE AND BUDGET / 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 hereof, 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.
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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 16th day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Fiscal Year 2019 State of Iowa Street Financing Report: City Manager recom-
mended approval of the City of Dubuque’s Fiscal Year 2019 City Street Financing Report
and authorize filing with the Iowa Department of Transportation. Upon motion the docu-
ments were received and filed, and Resolution No. 330-19 Approving the City of Dubuque
Fiscal Year 2019 City Street Financing Report was adopted.
RESOLUTION NO. 330-19
APPROVING THE CITY OF DUBUQUE FISCAL YEAR 2019 CITY STREET FINANC-
ING REPORT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
The City Street Finance Report for the period of July 1, 2018, to June 30, 2019, is
hereby approved and that the City Clerk is hereby authorized and directed to file said
report with the Iowa Department of Transportation.
Passed, approved and adopted this 16th day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. 2019 Washington Neighborhood Market Analysis Update: City Manager transmitting
the 2019 Washington Neighborhood Market Analysis Update. Upon motion the document
was received and filed.
7. Consultant Selection for Preparation of a Consolidated Plan and Analysis of Imped-
iments for Fair Housing: City Manager recommended approval of the selection of Public
Works, LLC to prepare the HUD-approved 2021-2025 Community Development Block
Grant Consolidated Plan and to conduct an Analysis of Impediments to Fair Housing, and
authorize the City Manager to sign an Agreement for Professional Services with Public
Works, LLC. Upon motion the documents were received, filed and approved.
8. Recording the Award for the Hillcrest Rd.-Rosemont St. Detention Basin Project:
City Manager recommended that the award for the Hillcrest-Rosemont Detention Basin
Project by 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. Recording the Award for the Amy Court Drainage Improvements Project: City Man-
ager recommended that the award for the Amy Court Drainage Improvements 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.
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10. Iowa Department of Public Health (IDPH) Interagency (28E) Agreement : City Man-
ager recommended approval to continue the City’s contract with the Iowa Department of
Public Health for the inspection of swimming pools and spas and tattoo parlors in Dubu-
que County. Upon motion the documents were received, filed and approved.
11. Pre-Annexation Agreement with Bartels and Oberbroeckling: City Manager recom-
mended approval of a Pre-Annexation Agreement with Merlin C. Bartels, Dean H. Bartels
and Joan M. Bartels, property owners, and contract buyer Ned Oberbroeckling, for prop-
erty located at 15397 North Cascade Road, in conjunction with their request to connect
to City water. Upon motion the documents were received and filed, and Resolution No.
331-19 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and
Merlin C. Bartels, Dean H. Bartels and Joan M. Bartels and Ned Oberbroeckling was
adopted.
RESOLUTION NO. 331-19
APPROVING A PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND MERLIN C. BARTELS, DEAN H. BARTELS AND JOAN M. BARTELS
AND NED OBERBROECKLING
Whereas, Merlin C. Bartels, Dean H. Bartels and Joan M. Bartels and Ned Oberbroeck-
ling, the owners and contract buyer 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 3 of the NW ¼ of the NE ¼ of Section 13, T88N, R1E of the 5th P.M. in Dubu-
que County, Iowa, according to the United States Government Survey and the
recorded plats thereof, subject to easements and agreements of record ; and
Whereas, Merlin C. Bartels, Dean H. Bartels and Joan M. Bartels and Ned Oberbroeck-
ling 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 THAT:
Section 1. The Pre-annexation Agreement by and between Merlin C. Bartels, Dean H.
Bartels and Joan M. Bartels and Ned Oberbroeckling and the City of Dubuque is hereby
approved.
Passed, approved and adopted this 16th day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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12. CSB Consulting Company Redevelopment of Property at 1838 Central Avenue:
City Manager recommended approval of a Grant agreement between the City of Dubuque
and CSB Consulting Company to redevelop property at 1838 Central Avenue to create
three, upper-story apartments in the building. Upon motion the documents were received
and filed, and Resolution No. 332-19 Approving a Grant Agreement by and between the
City of Dubuque, Iowa and CSB Consulting Company for the redevelopment of 1838
Central Avenue was adopted.
RESOLUTION NO. 332-19
APPROVING A GRANT AGREEMENT BY AND BETWEEN THE CITY OF DUBUQUE,
IOWA AND CSB CONSULTING COMPANY FOR THE REDEVELOPMENT OF 1838
CENTRAL AVENUE
Whereas, CSB Consulting Company has applied to the Economic Development De-
partment for a Housing Creation Grant (the Grant) for the redevelopment of 1838 Central
Avenue in the City of Dubuque, Iowa (the Project); and
Whereas, the Project is eligible for the Grant; and
Whereas, it is the determination of the City Council that approval of the Grant Agree-
ment, for redevelopment of the Property by CSB Consulting Company according to the
terms and conditions set out in the Grant Agreement, is in the public interest of the City
of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The Grant Agreement by and between the City of Dubuque and CSB Con-
sulting Company, a copy of which is attached hereto, is hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute the Grant Agree-
ment on behalf of the City of Dubuque and the City Clerk is authorized and directed to
attest to his signature.
Section 3. The City Manager is authorized to take such actions as are necessary to
comply with the terms of the Grant Agreement as herein approved.
Passed, approved and adopted this 16th day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Public, Educational, and Government (PEG) Capital Grant Expenditure Request :
City Manager recommended approval of a request from the Cable TV Commission for
funding from the Public, Educational, and Government (PEG) Capital Grant for Access
Equipment and Facilities for Loras College to purchase a new video switcher for its control
room. Upon motion the documents were received, filed and approved.
14. Final Plat of Cedar Lake - East Fifteenth Addition: Zoning Advisory Commission
recommended approval of the Final Plat of Cedar Lake East Fifteenth Addition. Upon
motion the documents were received and filed, and Resolution No. 333-19 Approving
Final Plat of Cedar Lake - East Fifteenth Addition, in the City of Dubuque, Iowa was
adopted.
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RESOLUTION NO. 333-19
APPROVING FINAL PLAT OF CEDAR LAKE – EAST FIFTEENTH ADDITION, IN THE
CITY OF DUBUQUE, IOWA
Whereas, there has been filed with the City Clerk the Final Plat of Cedar Lake – East
Fifteenth Addition, in the City of Dubuque, Iowa; and
Whereas, upon said Final Plat appears a private street to be known as Windmill Court
(Lot A), with certain public utility easements, which the owner by said Plat of Survey has
dedicated such easements to the public forever; and
Whereas, the Final Plat has been examined by the Zoning Advisory Commission and
had its approval endorsed thereon; and
Whereas, said Final Plat has been examined by the City Council and they find that it
conforms to the statues and ordinances relating to it, except that no streets or public
utilities have yet been constructed or installed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The dedication of easements for public utilities, as they appear upon said
Final Plat, be and the same are hereby accepted.
Section 2. The Final Plat of Cedar Lake – East Fifteenth Addition is hereby approved,
and the Mayor and City Clerk are hereby authorized and directed to endorse the approval
of the City of Dubuque, Iowa upon said Final Plat, provided the owners of said property
herein named, execute their written acceptance hereto attached agreeing:
a. To reduce the private Street of Windmill Court (Lot A) to grade and to hard
surface with asphaltic concrete, and concrete curb and gutter, all in accordance
with the City of Dubuque standard specifications, in conformance with construc-
tion improvement plans approved by the City Engineer for a private street.
b. To install public sanitary sewer mains and sewer service laterals into each
individual lot, public water mains and water service laterals into each individual
lot, private storm sewers and catch basins and erosion control devices all in ac-
cordance with the City of Dubuque standard specifications, all in a manner ac-
ceptable to the City Engineer, and in accordance with the construction improve-
ment plans approved by the City Engineer, and inspected by the City Enginee r.
The private street shall be maintained by the owners and/or homeowners’ asso-
ciation.
c. To construct said improvements, prior to two (2) years from the date of ac-
ceptance of this resolution, at the sole expense of the owners, or future owner.
d. To maintain the private street improvements and private storm sewer im-
provements outlined in (a) and (b) above forever.
e. To maintain the public water main and sanitary sewer improvements, for a
period of two (2) years from the date of the acceptance of those improvements
by the City of Dubuque, Iowa, at the sole expense of the owners, or future owner.
f. City will maintain and repair the City owned water and sewer utilities under
the private street within the easement granted by the Developer within the devel-
opment property. City will not be responsible for the restoration of the private
street pavement after maintenance and repair of the City owned water and sewer
utilities under the private street.
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And, further provided that said Pristine Properties, LLC as own er of said property,
shall secure the performance of the foregoing public water main provided in this Sec-
tion by providing guarantees in such form and with such sureties as may be acceptable
to the City Manager of the City of Dubuque, Iowa.
Section 3. The Developer, Pristine Properties, LLC must construct and maintain ero-
sion control devices in the development which control erosion and prevent sediment from
leaving the site according to all applicable local, state and federal requirements and in
accordance with the construction improvement plans approved by the City Engineer.
Section 4. The Developer, Pristine Properties, LLC shall acquire any and all public
sanitary sewer easements required for the sanitary sewer extensions as shown on the
construction improvement plans approved by the City Engineer. Prior to the City releasing
the final subdivision plat for recordation, permanent public sanitary sewer utility ease-
ments shall be granted by the applicable property owners to the City of Dubuque in a form
acceptable to the City.
Section 5. The final acceptance of all public improvements shall occur upon certifica-
tion of the City Engineer to the City Council that sanitary sewer and watermain improve-
ments have been completed in accordance with the improvement plans and City standard
specifications and accepted by City Council Resolution.
Section 6. In the event Pristine Properties, LLC fails to execute the acceptance and
furnish the guarantees provided in Section 2 hereof within 180 days after the date of this
Resolution, the provisions hereof shall be null and void and the acceptance and approval
the plat shall not be effective.
Passed, approved, and adopted this 16th day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
ACCEPTANCE OF RESOLUTION NO. 333-19
I, the undersigned, Dave Webber, representing Pristine Properties, LLC, having read
the terms and conditions of the Resolution No. 333 -19 and being familiar with the condi-
tions thereof hereby accept this same and agree to the conditions required therein.
Dated in Dubuque, Iowa this 12th day of September 2019.
/s/Dave Webber
Pristine Properties, LLC
15. Housing Commission Liaison Appointment to the Housing Trust Fund Committee:
Correspondence from the Housing Commission requesting approval of Commissioner
Rick Baumhover to be appointed to the Housing Trust Fund Committee as its liaison.
Upon motion the document was received, filed and approved.
16. Federal Emergency Management Association (FEMA) Correspondence : City Man-
ager providing a copy of correspondence to the Federal Emergency Management Asso-
ciation (FEMA) in response to its questions related to the Dubuque County Flood Hazard
Mapping Project that include Dubuque's Certified Floodwall/Levee System. Upon motion
the documents were received and filed.
17. Amendment to Resolution Approving Prepayment of Claims: City Manager recom-
mended approval of an amendment to the resolution approving prepayment of claims.
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Upon motion the documents were received and filed, and Resolution No. 334-19 Approv-
ing prepayment of claims as amended was adopted.
RESOLUTION NO. 334-19
APPROVING PREPAYMENT OF CLAIMS AS AMENDED
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 Director of Finance is hereby authorized to issue checks in payment of the follow-
ing 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 to 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 of 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 payment for items approved by previous City Council actions.
10. Reimbursements for employees for budgeted purchases (i.e. travel costs).
11. Utility overpayment refunds.
12. To take advantage of early payment discounts.
13. All annual software maintenance payments for existing software.
14. All legal bills.
15. All legal filings.
16. All property purchases approved by previous City Council actions.
Passed, approved, and adopted this 16th day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
18. 2020 Census Partnership Program: City Manager recommended approval of a let-
ter from Mayor Roy D. Buol on behalf of the City of Dubuque requesting to join the 2020
Census Partnership Program. Upon motion the documents were received, filed and ap-
proved.
19. New Cities of Opportunity Application: City Manager recommended approval to
submit the City of Dubuque’s New Cities of Opportunity application to the National League
of Cities. Upon motion the documents were received, filed and approved.
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20. Coalition of Communities Agreement: City Manager recommended approval to join
the Coalition of Communities to appeal the Federal Communications Commission’s order
that allows cable companies to treat in-kind benefits as franchise fees. Upon motion the
documents were received, filed and approved.
21. Acceptance of Storm Water Detention - English Ridge Subdivision: City Manager
recommended acceptance of the Warranty Deed for the storm water detention lot that the
developer, English Ridge, LLC, is dedicating in English Ridge Subdivision. Upon motion
the documents were received and filed, and Resolution No. 335-19 Accepting a Deed to
Lot A in English Ridge Subdivision, in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 335-19
ACCEPTING A DEED TO LOT A IN ENGLISH RIDGE SUBDIVISION, IN THE CITY OF
DUBUQUE, IOWA
Whereas, pursuant to Resolution 31-09, Lot A, shown on the Final Plat of English
Ridge Subdivision as “Storm Water Detention,” was to be accepted upon completion of
certain conditions as detailed in Section 4 of said resolution; and
Whereas, the conditions detailed in Section 4 of Resolu tion 31-09 have been fulfilled
and met by the developer and the City Manager has reviewed the work, and has recom-
mended that Lot A be accepted by the City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City of Dubuque, Iowa hereby approves the acceptance of the attached
Warranty Deed to the following legally described property:
Lot A of English Ridge Subdivision in the City of Dubuque, Iowa, according to the
recorded plat thereof, subject to and together with easements and restrictions of
record.
Section 2. The City of Dubuque be and is hereby authorized and directed to cause said
Warranty Deed to be recorded in the office of the Dubuque County Recorder,
Section 3. The City Clerk be and is hereby directed to forward a copy of this Resolution
to the Dubuque County Assessor and the Dubuque County Auditor.
Passed, adopted, and approved this 16th day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
22. Acceptance of the West Third Street Pumping Station Standby Generator 2018
Project: City Manager recommended acceptance of the West Third Street Pump Station
Standby Generator 2018 project, as completed by A&G Electric. Resolution No. 336-19
Accepting the West Third Pumping Station Standby Generator 2018 Project and author-
izing final payment to the contractor was adopted.
RESOLUTION NO. 336-19
ACCEPTING THE WEST THIRD PUMPING STATION STANDBY GENERATOR 2018
PROJECT AND AUTHORIZING FINAL PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the West Third Street Pump Station
Standby Generator 2018 Project (the Project) has been completed by the Contractor,
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A&G Electric (Contractor), the Water Department Manager has examined the wor k and
recommends that the Project be accepted; and
Whereas, the final contract amount of $77,152.28 is due in full; and
Whereas, the City Council finds that the recommendation of the Water Department
Manager should be accepted.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The recommendation of the Water Department Manager is approved, and
the Project is hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance
of the final payment $77,152.28 as provided in Iowa Code chapter 573.
Passed, approved, and adopted this 16th day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
WATER DEPARTMENT MANAGER’S CERTIFICATE OF FINAL COMPLETION OF,
THE WEST THIRD PUMPING STATION STANDBY GENERATOR 2018 PROJECT
The undersigned Water Department Manager of the City of Dubuque, Iowa, hereby
certifies that she has inspected the West Third Pumping Station Standby Generator 2018
Project:
The West Third Street Pump Station Standby Generator 2018 Project, and that said
Project has been performed in compliance with the terms of the Public Improvement Con-
tract, and that the total cost of the completed work including all change orders and ad-
justments is $77,152.28.
Dated this 10th day of September 2019.
/s/Denise Blakeley Ihrig, P.E.
Water Department Manager
Filed in the office of the City Clerk on the 11th day of September 2019.
/s/Kevin S. Firnstahl, City Clerk
23. Bunker Hill Irrigation Replacement Project Phase 3 Initiation of Bids: City Manager
recommended initiation of the bidding procedure for the Bunker Hill Irrigation Replace-
ment Project Phase 3 (of 3). Upon motion the documents were received, filed and ap-
proved.
24. Citizen Petition for Amendment to Residential Parking Permit District H - Lea Lane:
Receipt of Citizen Petition for an amendment to Residential Parking Permit District H to
include Lea Lane. Upon motion the document was received, filed, and referred to the City
Manager.
25. U.S. Cellular Re-Submittal Master Lease Agreement and Supplement - Dubuque
Cellular Telephone L.P. (U.S. Cellular): City Manager recommended re-approval of the
Supplemental Agreement with Dubuque Cellular Telephone L.P. (U.S. Cellular) as part
of the U.S. Cellular Re-Submittal Master Lease Agreement and Supplement with the City
of Dubuque. Upon motion the documents were received, filed and approved.
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26. Request for Proposal - Consulting Services for Geodetic Control Network Update
and Aerial Photography Project: City Manager recommended approval of the release of
a Request for Proposal to provide consulting services for geodetic control network update
and aerial photography project. Upon motion the documents were received, filed and ap-
proved.
27. Inspector 1 Full-Time Position Reclassified to an Inspector 2: City Manager recom-
mended approval to reclassify one full-time equivalent Inspector 1 position to an Inspector
2 position in the Housing and Community Development Department. Upon motion the
documents were received, filed and approved.
28. City Assessor - Notice of Tax Assessment Appeals: Correspondence from City
Assessor Troy Patzner advising the City of three 2019 tax assessment appeals from the
Dubuque City Board of Review. Upon motion the document was received and filed.
29. Signed Contract(s): Strand Associates, Inc. for the Catfish Creek Sanitary Inter-
ceptor Sewer Capacity Analysis Amendment No. 1 to Task Order No. 18 -04; and the
Cedar/Terminal Streets Force Mains and Lift Stations Assessment and Improve ments
Project / Cedar Street Force Main Air Release Valve Replacements Task Order No. 19 -
01; East Central Development Corporation Lease Agreement for Federal Building space;
Lamar Companies Lease Agreement for City property located at 280 South Locust Stre et.
Upon motion the documents were received and filed.
30. Improvement Contracts / Performance, Payment and Maintenance Bonds : Drew
Cook & Sons Excavating Company, Inc. for the Amy Court Drainage Improvements Pro-
ject; Eastern Iowa Excavating & Concrete, LLC for the Hillcrest-Rosemont Streets Deten-
tion Basin Project. Upon motion the documents were received, filed and approved.
31. Alcohol License Applications: City Manager recommended approval of annual
beer, liquor and wine licenses as submitted. Upon motion the documents were received
and filed, and Resolution No. 337-19 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. 337-19
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.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
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 documenta-
tion:
Renewals
Dubuque Home Designs 2490 Meinen Ct. Class B Native Wine
Fat Tuesday's 1121 University Ave. Class C Liquor (Sunday)
National Mississippi River
Museum & Aquarium
350 & 400 E. Third St. Class C Liquor, Class B Native
Wine (Catering) (Outdoor)
(Sunday)
Phillips 66/Arby's 10 South Main St. Class C Beer (Sunday)
Red Robin America's
Gourmet Burgers & Spirits
2775 NW Arterial Class C Liquor (Outdoor)
(Sunday)
Ron's Discount Smokes &
Bev. Cntr. # 1
3300 Asbury Rd. Class C Beer, Class B Native
Wine (Sunday)
Southend Tap 55 Locust St. Class C Liquor (Sunday)
Special Event(s) per Special Event Application Submittal
Harry Maglaris 9-26 145 N. Crescent Ridge Class B Beer
Passed, approved, and adopted this 16th day of September 2019.
Roy D. Buol, Mayor
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 Shaw. Motion carried 6-0.
1. Grant of Easement for Private Parking Lot Improvements Across West 9th Street
Right-of-Way: City Manager recommended that the City Council set a public hearing for
October 7, 2019 on a Grant of Easement for private parking lot improvements across City -
owned property in the West 9th Street right -of-way. Upon motion the documents were
received and filed and Resolution No. 338-19 Resolution of Intent to dispose of City in-
terest by Grant of Easement for private parking lot improvements across part of the West
9th Street right-of-way lying within City Lot 688 in the City of Dubuque, Iowa was adopted
setting a public hearing for a meeting to commence at 6:00 p.m. on October 7, 2019 in
the Historic Federal Building.
RESOLUTION NO. 338-19
RESOLUTION OF INTENT TO DISPOSE OF CITY INTEREST BY GRANT OF EASE-
MENT FOR PRIVATE PARKING LOT IMPROVEMENTS ACROSS PART OF THE
WEST 9TH STREET RIGHT-OF-WAY LYING WITHIN CITY LOT 688 IN THE CITY OF
DUBUQUE, IOWA
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Whereas, Woodward Communications, Inc. have requested a “Grant of Easement” for
private parking lot improvements over a portion of the West 9th Street Right-of-Way lying
within City Lot 688, in the City of Dubuque; and
Whereas, the City of Dubuque is the owner of said right of way area, in the City of
Dubuque; and
Whereas, IIW, P.C. has prepared and submitted to the City Council an exhibit showing
the underlying portion of the West 9th Stree t Right-of-Way lying within City Lot 688, in the
City of Dubuque, for the proposed private parking lot improvements easement in the City
of Dubuque, Dubuque County, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City of Dubuque intends to grant an easement for private parking lot
improvements over a portion of the West 9th Street Right-of-Way lying within City Lot 688,
in the City of Dubuque, Dubuque County, Iowa.
Section 2. Any and all applicable publication and recording fees are to be paid by
Woodward Communications, Inc.
Section 3. That a public hearing on the intent to dispose of City interest by grant of
easement for a portion of the West 9th Street Right -of-Way lying within City Lot 688, in
the City of Dubuque, Iowa, is hereby set for the 7th day of October, 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 dispose of said interest to be published in the manner as prescribed by law.
Passed, approved, and adopted this 16th day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Sale of City-Owned Property at 799 Rush Street: City Manager recommended that
the City Council set a public hearing for October 7, 2019 on the intent to dispose of 799
Rush Street to the abutting property owners, Eric and Beth Hemmer, for consolidation
into one parcel. Upon motion the documents were received and filed and Resolution No.
339-19 Resolution of Intent to dispose of an interest in City of Dubuque real estate, setting
a time and place for hearing and providing for the publication of notice thereof was
adopted setting a public hearing for a meeting to commence at 6:00 p.m. on October 7,
2019 in the Historic Federal Building.
RESOLUTION NO. 339-19
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE, SET-
TING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUBLICATION
OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) owns 799 Rush Street (the Property) legally
described as:
Lot 1 of the Subdivision of Lot 2 of the South 165 feet of Lot 190 in Union Addition
to the City of Dubuque, Dubuque County, Iowa, according to the recorded plat
thereof; and
Whereas, the City acquired the Property by petition as an abandoned property for the
purpose of demolishing the structure and selling the lot to an abutting property owner;
and
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Whereas, Eric and Beth Hemmer are the abutting property owners and the intention is
to consolidate both the existing parcel at 795 Rush Street and the Property into one par-
cel.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. The City Council shall conduct a public hearing on the proposed disposition
of real estate in the City Council Chambers at the Historic Federal Building, 350 W. 6 th
Street, Dubuque, Iowa on the 7th day of October 2019 beginning at 6:00 p.m.
Section 2. The City Clerk be and is hereby authorized and directed to publish notice of
the public hearing in the form attached hereto, according to law.
Passed, approved, and adopted this 16th day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC HEARINGS
1. Proceedings for the Public Hearing on the Authorization of Not -to-Exceed $170,000
General Fund Lease Agreement – Postage Machine: Proof of publication on notice of
public hearing to approve the suggested proceedings for the public hearing on the au-
thorization of a general fund lease agreement not-to-exceed $170,000 to acquire a postal
machine for the City of Dubuque, and the City Manager recommending approval. Motion
by Shaw to receive and file the documents and adopt Resolution No. 340-19 Instituting
proceedings to take additional action for the authorization of a lease agreement (General
Fund) in the principal amount of not-to-exceed $170,000 to acquire personal property for
the City. Seconded by Del Toro. Motion carried 6-0.
RESOLUTION NO. 340-19
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORI-
ZATION OF A LEASE AGREEMENT (GENERAL FUND) IN THE PRINCIPAL AMOUNT
OF NOT TO EXCEED $170,000 TO ACQUIRE PERSONAL PROPERTY FOR THE CITY
Whereas, pursuant to notice published as required by law, this Council has held a
public meeting and hearing upon the proposal to institute proceedings for the authoriza-
tion of a Lease Agreement in the principal amount of not to exceed $170,000, for the
purpose of paying costs of the acquisition of personal property for the City, and more
specifically, for the lease of a postage machine, to be secured by the general fund, a nd
has considered the extent of objections received from residents or property owners as to
said proposal and, accordingly the following action is now considered to be in the best
interests of the City and residents thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. This Council does hereby institute proceedings and take additional action
for the authorization of a Lease Agreement in the principal amount of not to exceed
$170,000 to evidence the obligation thereof for the foregoing purpose.
Section 2. The Mayor and Clerk are authorized and directed to proceed on behalf of
the City with the negotiation and finalization of the terms of a Lease Agreement, evidenc-
ing the City's obligations to a principal amo unt of not to exceed $170,000 and otherwise
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to take all action necessary to permit the execution of a Lease Agreement on a basis
favorable to the City.
Passed and approved this 16th day of September 2019.
Passed, approved, and adopted this 16th day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Proceedings for the Public Hearing on the Authorization of Not -to-Exceed $25,000
General Fund Lease Agreement – Mail Room Printer: Proof of publication on notice of
public hearing to consider approval of the suggested proceedings for the public hearing
on the authorization of a general fund lease agreement not -to-exceed $25,000 for a mail
room printer, and the City Manager recommending approval. Motion by Jones to receive
and file the documents and adopt Resolution No. 341-19 Instituting proceedings to take
additional action for the authorization of a Lease Agreement (General Fund) in the prin-
cipal amount of not-to-exceed $25,000 to acquire personal property for the City. Se-
conded by Shaw. Motion carried 6-0.
RESOLUTION NO. 341-19
INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORI-
ZATION OF A LEASE AGREEMENT (GENERAL FUND) IN THE PRINCIPAL AMOUNT
OF NOT TO EXCEED $25,000 TO ACQUIRE PERSONAL PROPERTY FOR THE CIT Y
Whereas, pursuant to notice published as required by law, this Council has held a
public meeting and hearing upon the proposal to institute proceedings for the authoriza-
tion of a Lease Agreement in the principal amount of not to exceed $25,000, for the pur-
pose of paying costs of the acquisition of personal property for the City, and more specif-
ically, for the lease of a printer, to be secured by the general fund, and has considered
the extent of objections received from residents or property owners as to said proposal
and, accordingly the following action is now considered to be in the best interests of the
City and residents thereof:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
Section 1. This Council does hereby institute proceedings and take additional action
for the authorization of a Lease Agreement in the principal amount of not to exceed
$25,000 to evidence the obligation thereof for the foregoing purpose.
Section 2. The Mayor and Clerk are authorized and dire cted to proceed on behalf of
the City with the negotiation and finalization of the terms of a Lease Agreement, evidenc-
ing the City's obligations to a principal amount of not to exceed $25,000 and otherwise to
take all action necessary to permit the execution of a Lease Agreement on a basis favor-
able to the City.
Passed, approved, and adopted this 16th day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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PUBLIC INPUT
Tom Townsend, 1940 Amelia Drive, expressed support for the City Council to appoint
former Council Member Kate Larson to her vacated Third Ward seat for the interim until
the November 5, 2019 election.
ACTION ITEMS
1. Greater Dubuque Development Corporation - Quarterly Update: President and CEO
Rick Dickinson presented a verbal update on the quarterly activities of the Greater Dubu-
que Development Corporation. Topics included: strong current and future regional econ-
omy; support for the Hormel Foods Corporation financial assistance application to the
IEDA (Action Item #2); the addition of Crown Holdings, Inc. and Duluth Trading Company;
increased workforce solutions and the inaugural college career fair; and the progress of
the Big Life, Small City campaign. Motion by Resnick to receive and file the information.
Seconded by Jones. Motion carried 6-0.
2. Hormel Foods Corporation - Iowa Economic Development Administration Applica-
tion: City Manager recommended approval of the submission of a Business Financial
Assistance Application to the Iowa Economic Development Authority on behalf of Hormel
Foods Corporation and Progressive Processing, LLC for the proposed expansion of its
operations in Dubuque. Motion by Jones to receive and file the documents and adopt
Resolution No. 342-19 Authorizing the filing of an application with the Iowa Economic
Development Authority for business financial assistance on behalf of Hormel Foods Cor-
poration and Progressive Processing, LLC. Seconded by Resnick. Motion carried 6-0.
RESOLUTION NO. 342-19
AUTHORIZING THE FILING OF AN APPLICATION WITH THE IOWA ECONOMIC DE-
VELOPMENT AUTHORITY FOR BUSINESS FINANCIAL ASSISTANCE ON BEHALF
OF HORMEL FOODS CORPORATION AND PROGRESSIVE PROCESSING, LLC
Whereas, Hormel Foods Corporation and Progressive Processing, LLC have proposed
making a Thirteen Million Dollar ($13,000,000.00) investment for the addition of produc-
tion capacity in the City of Dubuque, Iowa; and
Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal
and determined that the proposed project will contribute to the local economy through the
creation of fifty-eight (58) full-time jobs in the City, fourteen (14) of which qualify for the
Iowa Economic Development Authority Business Financial Assistance Program; and
Whereas, financial assistance from the Iowa Economic Development Authority is de-
signed to assist in the economic development efforts of local jurisdictions; and
Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the Iowa Eco-
nomic Development Authority Business Financial Assistance Program.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA THAT:
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Section 1. The filing of an Application for participation in the Iowa Economic Develop-
ment Authority’s Business Financial Assistance Program on behalf of Hormel Foods Cor-
poration and Hormel Foods Corporation and Progressive Processing, LLC, a copy of
which is attached hereto, is hereby approved.
Section 2. The Mayor is hereby authorized to execute and the City Manager is hereby
directed to submit the Application to the Iowa Economic Development Authority together
with such other documents as may be required.
Passed, approved, and adopted this 16th day of September 2019.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Consultant Selection for Equitable Poverty Prevention Plan : City Manager recom-
mended approval of the selection of Public Works, LLC as the consultant for the Equitable
Poverty Prevention Plan and authorization for the City Manager to sign the Agreement
for Professional Services with Public Works, LLC. Motion by Jones to receive and file the
documents and approve the recommendation. Seconded by Shaw. Motion varied 6 -0.
4. Third Ward Council Member Vacancy: City Clerk submitting Letters of Interest / Re-
sumes for consideration in filling the Council Member vacancy for the Third Ward. The
City Clerk reminded Council that the appointment would be for the interim until the No-
vember 5 City election and not until the end of the year as recently reported in the media.
Following discussion, restated motion by Shaw for a roll-call vote. Seconded by Del Toro.
Upon roll-call vote, the motion failed 3-3. Connors = Resnick, Jones and Buol. Larson =
Del Toro, Rios, Shaw. Mayor Buol stated that the seat would then remain vacant until the
November 5 election.
COUNCIL MEMBER REPORTS
Council Member Shaw reported on issues expressed to him by the residents of Table
Mound Mobile Home Park, many of whom are retired and on fixed incomes, who claim
they are being targeted with predatory practices by the landlord.
Motion by Jones to adjourn at 6:53 p.m. Seconded b y Resnick. Motion failed 3-3 with
Del Toro, Rios and Shaw voting nay.
There being no further business, Mayor Buol declared the meeting adjourned.
/s/Kevin S. Firnstahl, CMC, City Clerk