9 2 14 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on September 2, 2014
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, City Attorney Lindahl
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
SWEARING IN
Swearing In of Mayor Pro Tem Karla A Braig
PROCLAMATION
1. Voices X Make Your Mark Days (September 6 - October 14) was accepted by Geri
Shafer, Voices Productions, 1207 Adeline St. Joining Ms. Shafer was Paula Connors
and Ali Levasseur.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Jones. Motion carried 7-0.
1. Minutes and Reports Submitted: Housing Commission 6/24, Human Rights Com-
mission 7/14. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Robert Donovan for vehicle damage, Cheryl Fuller for
personal injuries, James Gibbs for property damage, Katie Jacobson for vehicle dam-
age, Gerald Klein for property damage, Scott and Ann Morris for property damage, Jose
Lo'pez Ramirez for vehicle damage. Upon motion the documents were received, filed
and referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Robert Donovan for vehicle damage, Cheryl Fuller filed by Attorney Jef-
frey Walters for personal injury, James Gibbs for property damage, Katie Jacobson for
vehicle damage, Gerald Klein for property damage, Ike and Linda Lasoya for property
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damage, Ann Morris for property damage, Jose' Lo'pez Ramirez for vehicle damage,
Tim Wittstock for property damage, Lawrence Vize for property damage. Upon motion
the documents were received, filed and concurred.
4. Federal Emergency Management Association (FEMA) Assistance to Firefighter's
Grant Acceptance: City Manager recommending approval of the acceptance of the
Federal Emergency Management Association (FEMA) the Assistance to Firefighter's
Grant. Upon motion the documents were received, filed and approved.
5. Cities of Service Blueprint Application: City Manager recommending approval of
the submittal of an application to Future Talk to become a Cities of Service Blueprint.
Upon motion the documents were received, filed and approved.
6. Nomination of Eagle Point Park for National Register of Historic Places and CLG
Grant Application for Eagle Point Park — NRHP Nomination and Phase 1 Archeological
Survey: City Manager recommending City Council support for the nomination of Eagle
Point Park to the National Register of Historic Places (NRHP), acceptance of the gener-
ous offer of Dr. Julie Schlarman to list Eagle Point Park on the National Register as an
in-kind donation, submittal of a Certified Local Government Grant Application for the
nomination and Phase I Archeological Survey. Upon motion the documents were re-
ceived and filed and Resolution No. 266-14 Authorizing CLG Grant Application to State
Historic Preservation Office for Eagle Point Park NRHP Nomination and Phase 1 Ar-
cheological Survey Project was adopted.
RESOLUTION NO. 266-14
AUTHORIZING CLG GRANT APPLICATION TO STATE HISTORIC PRESERVATION
OFFICE FOR EAGLE POINT PARK NRHP NOMINATION AND PHASE 1 ARCHEO-
LOGICAL SURVEY PROJECT
Whereas, the State Historic Preservation Office has allocated grant funds in the CLG
(Certified Local Government) Program for the identification, survey, and evaluation of
historic properties; and
Whereas, the City of Dubuque has adopted the 2012 Comprehensive Plan that in-
cludes goals for interpretation and preservation of historic properties and cultural re-
sources; and
Whereas, the City of Dubuque has adopted the Unified Development Code to sup-
port identification and nomination to the National Register of Historic Places (NRHP) of
such resources.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor hereby is authorized to sign and the Planning Services Manag-
er is hereby authorized to submit an application to the State Historic Preservation Office
for CLG funds for the Eagle Point Park NRHP Nomination and Phase 1 Archeological
Survey Project.
Section 2. That in the event said application is approved, the City Council hereby
provides its written assurance that the completed project will be adequately maintained
for its intended use in accordance with state requirements.
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Passed, approved and adopted this 2nd day of September, 2014.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
7. English Mill Road Watermain Extension Partnership Agreement: City Manager
recommending approval of a Partnership Agreement with English Ridge LLC for the
construction of a watermain from the intersection of Cavendish Lane and Stone Valley
Drive west to the intersection of English Mill Road and the future extension of Stone
Valley Drive. Upon motion the documents were received and filed and Resolution No.
267-14 Approving a Partnership Agreement between the City of Dubuque, Iowa and
English Ridge LLC was adopted.
RESOLUTION NO. 267-14
APPROVING A PARTNERSHIP AGREEMENT BETWEEN THE CITY OF DUBUQUE,
IOWA AND ENGLISH RIDGE LLC
Whereas, the City of Dubuque, Iowa (City) wishes to build a water system pumping
station and water main near English Mill Road; and
Whereas, English Ridge LLC (English Ridge) wishes to develop a subdivision near
English Mill Road that will someday connect to City's water main and be served by
City's water system pumping station; and
Whereas, City and English Ridge wish to partner in these projects; and
Whereas, the City Council finds that partnering with English Ridge in the completion
of these projects is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Partnership Agreement by and between English Ridge LLC and the
City of Dubuque is hereby approved.
Passed, approved and adopted this 2nd day of September, 2014.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
8. English Mill Road Watermain Extension Purchase Agreement: City Manager rec-
ommending approval of the acquisition of Lot B of English Ridge Subdivision No. 5 and
associated watermain and access easements and authorizing the City Manager to exe-
cute the Offer to Buy and the City Council to accept the deed for such property. City
Manager also recommending accepting the Grant of Access and Watermain Utility
Easement through and across a part of Lot A of English Ridge Subdivision No. 5, in the
City of Dubuque, Iowa. Upon motion the documents were received and filed and Reso-
lution No. 268-14 Approving the Acquisition of Real Estate Owned by English Ridge,
LLC in the County of Dubuque and Resolution No. 269-14 Accepting the Grant of an
Access and Watermain Utility Easement Through, Over and Across a Part of Lot A of
English Ridge Subdivision No. 5, in the City of Dubuque, Dubuque County, Iowa were
adopted.
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RESOLUTION NO. 268-14
APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY ENGLISH RIDGE,
LLC IN THE COUNTY OF DUBUQUE
Whereas, the City of Dubuque intends to acquire certain real estate located in Dubu-
que County, Iowa for the extension of water main and the construction of a pumping
station; and
Whereas, the owner of this certain real estate and the City of Dubuque have voluntar-
ily negotiated that the City of Dubuque acquire the property for acquisition; and
Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the
City of Dubuque under Section 66.1A of the Iowa Code, and is not an acquisition by the
City of Dubuque through its exercise of the power of eminent domain under Chapter 6B
of the Iowa Code; and
Whereas, a purchase agreement has been finalized with the owner of the real estate
scheduled for acquisition and executed by the owner.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa hereby approve the acquisition of the fol-
lowing legally described real estate:
Lot B in English Ridge Subdivision No. 5 at a cost of forty seven thousand five
hundred dollars ($47,500.00) along with easements for the permanent water main
and access easements and temporary construction easements at a cost of eight
thousand three hundred twenty nine dollars ($8,329.00) for a total cost of fifty five
thousand eight hundred twenty nine dollars ($55,829.00).
Section 2. That the City of Dubuque be and is hereby authorized to accept a Warran-
ty Deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for
the herein described real estate.
Section 3. That the City Attorney be and is hereby authorized and directed to cause
said Warranty Deed to be recorded in the office of the Dubuque County Recorder, to-
gether with a certified copy of this Resolution.
Passed, approved and adopted this 2nd day of September, 2014.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
RESOLUTION NO. 269-14
ACCEPTING THE GRANT OF AN ACCESS AND WATER MAIN UTILITY EASEMENT
THROUGH, OVER AND ACROSS A PART OF LOT A OF ENGLISH RIDGE SUBDI-
VISION NO. 5, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, English Ridge LLC. has executed an Easement for Access and Water Main
Utility, and Other Appurtenances through, under and across Lot A of English Ridge
Subdivision No. 5, 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, ac-
cepts and consents to the Grant of Access and Water Main Utility Easement, and Other
Appurtenances through, over and across Lot A of English Ridge Subdivision No. 5, in
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the City of Dubuque, Dubuque County, Iowa from English Ridge LLC., 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.
Passed, approved and adopted this 2nd day of September, 2014.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
9. National Scenic Byways/State Recreational Trail Grant Agreement: City Manager
recommending approval to enter into an agreement with the Iowa Department of Trans-
portation in order to utilize the National Scenic Byways Grant and the State Recreation-
al Trails Grant for the Upper Bee Branch Creek Restoration Project. Upon motion the
documents were received and filed and Resolution No. 270-14 Approving the National
Scenic Byways and State Recreational Trail Grant Agreement between the Iowa De-
partment of Transportation and the City of Dubuque, Iowa for the Bee Branch Creek
Mississippi River Trail Route in the Upper Bee Branch Creek Restoration Project was
adopted.
RESOLUTION NO. 270-14
APPROVING THE NATIONAL SCENIC BYWAYS AND STATE RECREATIONAL
TRAIL GRANT AGREEMENT BETWEEN THE IOWA DEPARTMENT OF TRANS-
PORTATION AND THE CITY OF DUBUQUE, IOWA FOR THE BEE BRANCH CREEK
MISSISSIPPI RIVER TRAIL ROUTE IN THE UPPER BEE BRANCH CREEK RESTO-
RATION PROJECT
Whereas, The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU), enacted in 2005, continued the National Scenic By-
ways Program, and Federal regulations provide that federal funds for the National Sce-
nic Byways Program are to be administered by the Department of Transportation; and
Whereas, the State Recreational Trail funding is established by Iowa Code Chapter
465B; and
Whereas, the City of Dubuque submitted an application to the Iowa Department of
Transportation requesting $1,000,000 from National Scenic Byways and $100,000 in
State Recreational Trail assistance to help finance the Bee Branch Creek Mississippi
River Trail as part of the Upper Bee Branch Creek Restoration Project; and
Whereas, the National Scenic Byways funding for the Bee Branch Creek Mississippi
River Trail was awarded by the Department of Transportation August 17, 2011 and the
State Recreational Trail funding was approved by Transportation Commission Order
No. PPM -2012-12 on October 11, 2011; and
Whereas, the City Council has determined that execution of the National Scenic By-
ways and State Recreational Trail Grant Agreement is in the best interests of the City of
Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. The National Scenic Byways and State Recreational Trail Grant Agree-
ment is hereby approved.
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Section 2. The City Manager is hereby authorized to execute the Grant Agreement
and such other documents as are necessary to bind the City and to deliver the Grant
Agreement and such other documents as the Iowa Department of Transportation may
reasonably request.
Passed, approved and adopted this 2nd day of September, 2014.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
10. Identity Theft Prevention Program Update: City Manager recommending approval
of an update to the City's Identity Theft Prevention Program to include areas of City op-
eration in addition to utilities. Upon motion the documents were received, filed and ap-
proved.
11. Final Plat — Miller Place No. 2: Zoning Advisory Commission recommending ap-
proval of the Final Plat of Miller Place No.2 subject to waiving lot frontage requirements
for Lot 1 Miller Place No. 2. Upon motion the documents were received and filed and
Resolution No. 271 -14 Approving the Final Plat of Miller Place No. 2 in Dubuque Coun-
ty, Iowa was adopted.
RESOLUTION NO. 271-14
APPROVING THE FINAL PLAT OF MILLER PLACE NO. 2 IN DUBUQUE COUNTY,
IOWA
Whereas, there has been filed with the City Clerk a Final Plat of Miller Place No. 2 in
Dubuque County, Iowa; and
Whereas, said Final Plat provides 0 feet of frontage for Lot 1 on a public or approved
private street, where street frontage is required by Section 11-14 of Title 16 of the City
of Dubuque Code of Ordinances, Unified Development Code; and
Whereas, said 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 statutes and ordinances relating thereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Section 11-14 of Title 16 of the Code of Ordinances, Unified Devel-
opment Code, is waived to allow 0 feet of frontage on a public or approved private street
for Lot 1.
Section 2. That the Final Plat of Miller Place No. 2 is hereby approved and the Mayor
and City Council are hereby authorized and directed to endorse the approval of the City
of Dubuque, Iowa upon said Final Plat.
Passed, approved and adopted this 2nd day of September, 2014.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
12. Pre -Annexation Agreement - Spiegel Family Realty Company Iowa, LLC: City
Manager recommending approval of the Spiegel Family Realty Company Iowa, LLC
Pre -Annexation Agreement for Lot 1-2 of Miller Place in accordance with the Fringe Ar -
6
ea Development Standards, and authorize the Mayor to sign the agreement on behalf of
the City of Dubuque. Upon motion the documents were received and filed and Resolu-
tion No. 272-14 Approving a Pre -Annexation Agreement between the City of Dubuque,
Iowa and Spiegel Family Realty Company Iowa, LLC was adopted.
RESOLUTION NO. 272-14
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THECITY OF DUBU-
QUE, IOWA AND SPIEGEL FAMILY REALTY COMPANY IOWA, LLC
Whereas, Spiegel Family Realty Company Iowa, LLC, 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 1-2 of Miller Place in the NW 1/4 Section 23, T88N, R2E of the 5th P.M. in Dubu-
que County, Iowa; and
Whereas, Spiegel Family Realty Company Iowa, LLC have entered into a Pre- an-
nexation Agreement with the City of Dubuque a copy of which is attached hereto gov-
erning 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 in-
terest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Spiegel Family Realty
Company Iowa, LLC and the City of Dubuque is hereby approved.
Passed, approved and adopted this 2nd day of September, 2014.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
13. Pre -Annexation Agreement - Doris Graf: City Manager recommending approval of
the Doris Graf Pre -Annexation Agreement for Lot 1 of Graf Farm Subdivision in accord-
ance with the Fringe Area Development Standards, and authorize the Mayor to sign the
agreement on behalf of the City of Dubuque. Upon motion the documents were received
and filed and Resolution No. 273-14 Approving a Pre -Annexation Agreement between
the City of Dubuque, Iowa and Doris Graf was adopted.
RESOLUTION NO. 273-14
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND DORIS GRAF
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Whereas, Doris Graf, the owner 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 1 of Graf subdivision in Dubuque County, Iowa; and
Whereas, Doris Graf 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 in-
terest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Doris Graf and the City of
Dubuque is hereby approved.
Passed, approved and adopted this 2nd day of September, 2014.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
14. Consent Decree Semi Annual Report - September 2014: City Manager request-
ing approval to certify the September 30th Semi Annual Consent Decree Report to be
submitted to the U.S. Department of Justice, U.S. EPA and the Iowa Department of
Natural Resources. Upon motion the documents were received, filed and approved.
15. Fiscal Year 2014 City Street Financing Report: City Manager recommending ap-
proval of the Fiscal Year 2014 City Street Financing Report. Upon motion the docu-
ments were received and filed and Resolution No. 274-14 Approving the City of Dubu-
que Fiscal Year 2014 City Street Financing Report was adopted.
RESOLUTION NO. 274-14
APPROVING THE CITY OF DUBUQUE FISCAL YEAR 2014 CITY STREET FINANC-
ING REPORT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBQUE, IOWA:
Section 1.That the City Street Finance Report for the period of July 1, 2013, to June
30, 2014, 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 2nd day of September, 2014
Roy D. Buol, Mayor
Attest: Trish Gleason, Assistant City Clerk
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16. Multicultural Family Center Agreement: City Manager recommending approval of
an Agreement between the City of Dubuque and the Multicultural Family Center. Upon
motion the documents were received, filed and approved.
17. Workers' Compromise Settlement - Alvy Kennedy: City Attorney recommending
approval of Compromise Settlement for Alvy Kennedy vs. City of Dubuque. Upon mo-
tion the documents were received, filed and approved.
18. Alcohol Compliance Civil Penalty for Alcohol License - Diamond Jo Casino: City
Manager recommending approval of the Alcohol Compliance Settlement Agreement
with Diamond Jo Casino, 301 Bell Street. Upon motion the documents were received,
filed and approved.
19. Alcohol and Tobacco License Applications: City Manager recommending approv-
al of annual liquor, beer, wine and tobacco licenses applications as submitted. Upon
motion the documents were received and filed and Resolution No. 275-14 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, Arti-
cle B Liquor, Beer and Wine Licenses and Permits and Resolution No. 276-14 Approv-
ing applications for retail cigarette/tobacco sales permits, as required by Iowa Code
453A.47A were adopted.
RESOLUTION NO. 275-14
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 ap-
proved; 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
Club Heat
1850 Central Ave.
Class C Liquor (Sunday)
Denny's Lux Club
3050 Asbury Rd.
Class C Liquor (Outdoor) (Sunday)
Europa Cafe of Dubuque
4031 Pennsylvania Ave.
Special Class C Liquor
Fat Tuesday's
1121 University Ave.
Class C Liquor (Sunday)
Grand River Center
500 Bell St.
Class C Liquor (Catering) (Sunday)
Los Aztecas Mexican
Restaurant
2700 Dodge St.
Class C Liquor (Sunday)
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Lucky 13 Tap
385 E 13th St.
Class C Liquor (Sunday)
Mandolin Inn, The
199 Loras Blvd.
Class B Native Wine (Living Qrts.)
(Sunday)
Phillips 66/Arby's
10 South Main
Class C Beer (Sunday)
The Copper Kettle Inc.
2987 Jackson St.
Class C Liquor, Class B Native
Wine (Catering) (Living Qrts.) (Out-
door) (Sunday)
Wal-Mart Supercenter
4200 Dodge St.
Class E Liquor, Class C Beer,
Class B Wine (Sunday)
Special Event
Dubuque Jaycees Tri-
State Chili Cook -Off
10-3-14
Cable Car Square
Class B Beer (Outdoor)
Adding Service
Tott's Tap
3457 Jackson St.
Adding Sunday
New
Hy -Vee #1 Market Cafe
3500 Dodge St
Class C Liquor (Sunday)
Super Stop III
1101 Rhomberg Ave.
Class E liquor (Sunday)
Passed, approved and adopted this 2"tl day of September, 2014.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
RESOLUTION NO. 276-14
APPROVING APPLICATIONS FORRETAIL CIGARETTE/TOBACCO SALES PER-
MITS, AS REQUIRED BY IOWA CODE 453A.47A
Whereas, applications for Cigarette/Tobacco Sales 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 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
following named applicants and locations for cigarette/tobacco sales permit.
Super Stop III
1101 Rhomberg Ave
Dave's Downtown Conoco
500 Locust St.
Passed, approved and adopted this 2n day of September, 2014.
Roy Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the
public hearings as indicated, and direct the City Clerk to publish notices as prescribed
by law. Seconded by Connors. Motion carried 7-0.
10
1. FY15 First Budget Amendment: City Manager recommending the first Fiscal Year
2015 Budget Amendment be set for public hearing on September 15, 2014. Upon mo-
tion the documents were received and filed and Resolution No. 277-14 Setting the date
for the Public Hearing on Amendment No. 1 to the Fiscal Year 2015 Budget for the City
of Dubuque was adopted. A public hearing is set for a meeting to commence at 6:30
p.m. on September 15, 2014 in the Historic Federal Building.
RESOLUTION NO. 277-14
SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 1 TO THE
FISCAL YEAR 2015 BUDGET FOR THE CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time
and place for a public hearing on amendments to the budget and publish notice before
the hearing as provided in Iowa Code Section 362.3.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on proposed Amend-
ment No. 1 to the Fiscal Year 2015 budget for the City of Dubuque at the City Council
Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on
Monday, September 15, 2014, beginning at 6:30 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish no-
tice of the public hearing, according to law, together with the required budget infor-
mation.
Passed, approved and adopted this 2nd day of September 2014.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
2. English Mill Road Pumping Facility Project: City Manager recommending initiation
of the bidding process for the English Mill Road Pumping Facility Project, and further
recommending that a public hearing be set for September 15, 2014. Upon motion the
documents were received and filed and Resolution No. 278-14 English Mill Road Pump-
ing Facility Project Preliminary Approval of the Specifications, Form of Contract, and Es-
timated Cost; Setting Date of Public Hearing on the Specifications, Form of Contract,
and Estimated Cost; and ordering the advertisement for bids was adopted. A public
hearing is set for a meeting to commence at 6:30 p.m. on September 15, 2014 in the
Historic Federal Building.
RESOLUTION NO. 278-14
ENGLISH MILL ROAD PUMPING FACILITY PROJECT
PRELIMINARY APPROVAL OF THE SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON THE SPECIFI-
CATIONS, 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 con-
struction cost for the project to construct the English Mill Road Pumping Facility are
11
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 September, 2014, at 6:30 p.m. in the
Historic Federal Building Council Chambers at which time interested persons may ap-
pear and be heard for or against the proposed specifications, form of contract and esti-
mated cost of said Project, and the Assistant 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 specifications, form of contract, or estimated cost of the Project.
The English Mill Road Pumping Facility Project 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 Assistant City Clerk is hereby directed to advertise for bids for the improvements
herein provided, by publishing the attached Notice to Bidders to be published in a
newspaper having general circulation in the City of Dubuque, Iowa, which notice shall
be published not less than four but not more than forty-five days before the date for fil-
ing bids before 2:00 p.m. on the 25th day of September, 2014. Bids shall be opened and
read by the City Clerk at 2:00 p.m. and will be submitted to the City Council for final ac-
tion at the public hearing at 6:30 p.m. on the 6th day of October, 2014, in the Historic
Federal Building Council Chambers (Second Floor), 350 West 6th Street, Dubuque, lo-
wa.
Passed, adopted and approved this 2nd day of September, 2014.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
3. English Mill Water Main Extension Project: City Manager recommending initiation
of the bidding process for the English Mill Water Main Extension Project, and further
recommends that a public hearing be set for September 15, 2014. Upon motion the
documents were received and filed and Resolution No. 279-14 English Mill Road Water
Main Extension Project Preliminary Approval of the Specifications, Form of Contract,
and Estimated Cost; Setting Date of Public Hearing on the Specifications, Form of Con-
tract, and Estimated Cost; and Ordering the Advertisement for Bids was adopted. A
public hearing is set for a meeting to commence at 6:30 p.m. on September 15, 2014 in
the Historic Federal Building.
RESOLUTION NO. 279-14
ENGLISH MILL ROAD WATER MAIN EXTENSION PROJECT
PRELIMINARY APPROVAL OF THE SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON THE SPECIFI-
CATIONS, 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:
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The proposed plans, specifications, form of contract and estimated cost for the con-
struction cost for the project to improve the English Mill Road Water Main are hereby
preliminarily approved and ordered filed in the office of the City Clerk for public inspec-
tion.
A public hearing will be held on the 15th day of September, 2014, at 6:30 p.m. in the
Historic Federal Building Council Chambers at which time interested persons may ap-
pear and be heard for or against the proposed specifications, form of contract and esti-
mated cost of said Project, and the Assistant 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 specifications, form of contract, or estimated cost of the Project.
The English Mill Road Water Main Extension Project is hereby ordered to be adver-
tised 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 Assistant City Clerk is hereby directed to advertise for bids for the improvements
herein provided, by publishing the attached Notice to Bidders to be published in a
newspaper having general circulation in the City of Dubuque, Iowa, which notice shall
be published not less than four but not more than forty-five days before the date for fil-
ing bids before 2:00 p.m. on the 25th day of September, 2014. Bids shall be opened and
read by the City Clerk at 2:00 p.m. and will be submitted to the City Council for final ac-
tion at the public hearing at 6:30 p.m. on the 6th day of October, 2014, in the Historic
Federal Building Council Chambers (Second Floor), 350 West 6th Street, Dubuque, Io-
wa.
Passed, adopted and approved this 2nd day of September, 2014.
Attest: Trish Gleason, Assistant City Clerk
BOARDS/COMMISSIONS
Roy D. Buol, Mayor
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions.
1. Airport Commission: One, 4 -year term through September 14, 2018 (Expiring term
of Accinelli); Applicant: Steven Accinelli, 3007 Huntington Dr.
2. Zoning Board of Adjustment: One, 5 -year term through March 25, 2019 (Vacant
term of Hutchinson); Applicant: Joyce Pope, 560 West 13th St.
Appointments to the following commissions to be made at this meeting:
1. Housing Commission: One, 3 -year term through August 17, 2017 (Expiring term of
Eudaley); Applicant: Amy Eudaley, 950 Wood St. Motion by Lynch to appoint Amy Eu-
daley to a 3 -year term through August 17, 2017. Seconded by Connors. Motion carried
7-0.
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2. Sister City Relationship Advisory Commission: One, 3 -year term through February
1, 2016 (Vacant term of Rhomberg); Applicant: Bryan Zygmont, 608 Clarke Dr. Motion
by Lynch to appoint Bryan Zygmont to a 3 -year term through February 1, 2016. Se-
conded by Connors. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council on the following items.
1. Dubuque Technology Park - Economic Development District Amendment: Proof of
publication on notice of public hearing to consider a Resolution of Necessity for an
Amendment to the Dubuque Technology Park Economic Development District Urban
Renewal Plan to include Subarea C and the City Manager recommending approval. Mo-
tion by Lynch to receive and file the documents and adopt Resolution No. 280-14 Ap-
proving the Amended and Restated Urban Renewal Plan for the Dubuque Technology
Park Economic Development District. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 280-14
APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE
DUBUQUE TECHNOLOGY PARK ECONOMIC DEVELOPMENT DISTRICT
Whereas, by Resolution 233-14 on August 4, 2014 the City Council of the City of
Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renew-
al Plan for the Dubuque Technology Park Economic Development District (the "Dis-
trict"); and
Whereas, the Amended and Restated Urban Renewal Plan for the Dubuque Tech-
nology Park Economic Development District dated is on file in the City Clerk's Office;
and
Whereas, the City of Dubuque's primary objective for the Amended and Restated Ur-
ban Renewal Plan for the Dubuque Technology Park Economic Development District is
to provide opportunities which will further economic development purposes and objec-
tives as described in the Urban Renewal Plan; and
Whereas, the City Council finds that certain areas adjacent to the District as shown
on the Amended and Restated Urban Renewal Plan for the Dubuque Technology Park
Economic Development District meet the definition of an economic development area
as found in Chapter 403 of the Iowa Code and should be included therein; and
Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has
held a public hearing on the proposed amended and restated Plan after public notice
thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Amended and Restated Urban Renewal Plan for the Dubuque
Technology Park Economic Development District is hereby approved.
Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and
directed to file a certified copy of this Resolution in the office of the Dubuque County
Recorder.
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Passed, approved and adopted this 2nd day of September, 2014.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1. Eagle Point Solar: Motion by Lynch to receive and file and hear presentation. Barry
Shear, President of Eagle Point Solar, provided a slide presentation on the process and
outcome of a Supreme Court case which would allow municipalities to purchase solar
energy. Shear responded to questions from the council. Seconded by Jones. Motion
carried 7-0.
2. Wells Fargo Bank, N.A Deed Donation - Property at 767 University Avenue along
with Cash Contribution: City Manager recommending the City accept donation of the
property at 767 University Avenue along with a $20,000 cash contribution from Wells
Fargo Bank. Motion by Braig to receive and file the documents and adopt Resolution
No. 281-14 Accepting the Deed to Certain Real Estate in Dubuque County, Iowa from
Wells Fargo Bank, NA. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 281-14
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IO-
WA FROM WELLS FARGO BANK, N.A.
Whereas, Wells Fargo Bank, N.A. has offered to donate real estate, known locally as
767 University Avenue (the Property), to the City of Dubuque and to contribute twenty
thousand dollars ($20,000) to the City for either the rehabilitation or demolition of the
Property; and
Whereas, the City of Dubuque entered into an Agreement with Wells Fargo Bank,
N.A., a copy of which is attached hereto, for the conveyance of the Property legally de-
scribed as follows:
LOT 1 OF LOT 2 OF LOT 3 OF THE SUBDIVISION OF OUT LOT 738 IN THE
CITY OF DUBUQUE, IOWA, AND A RIGHT OF WAY OVER LOT 3 OF LOT 3,
AND OVER THE EAST 20 FEET OF LOT 8, OF THE SUBDIVISION OF OUT LOT
738, IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED
PLAT THEREOF; and
Whereas, the Agreement contains an addendum which covers the donation of the
funds for rehabilitation or demolition; and
Whereas, the terms of the Agreement have now been met.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
1. The City of Dubuque hereby approves the Agreement and accepts the monetary
donation and Deed from Wells Fargo Bank, N.A.
2. The City Clerk is hereby authorized and directed to record this Resolution and the
Deed with the Dubuque County Recorder.
15
Passed, approved and adopted this 2nd day of September, 2014.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
3. City Code Ordinance Amendment - Definition of Motorized Bicycle or Motor Bicy-
cle: City Manager recommending approval of an amendment to City Code Ordinance 9-
1-321.1 regarding the definition of Motorized Bicycle or Motor Bicycle. Motion by Jones
to receive and file the documents and that the requirement that a proposed ordinance
be considered and voted on for passage at two Council meetings prior to the meeting at
which it is to be passed be suspended. Seconded by Braig. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No 56-14 Amend-
ing City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 1
General Provisions, Section 9-1-321.1 by changing the definition of Motorized Bicycle or
Motor Bicycle to mirror State Code in the Speed Capacity of a Motorized Bicycle or Mo-
tor Bicycle. Seconded by Braig. Motion carried 7-0
OFFICIAL PUBLICATION
ORDINANCE NO. 56-14
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI-
CLES AND TRAFFIC, CHAPTER 1 GENERAL PROVISIONS, SECTION 9-1- 321.1
BY CHANGING THE DEFINITION OF MOTORIZED BICYCLE OR MOTOR BICYCLE
TO MIRROR STATE CODE IN THE SPEED CAPACITY OF A MOTORIZED BICYCLE
OR MOTOR BICYCLE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-1-321.1 of the City of Dubuque Code of Ordinances is amended
to read as follows:
9-1-321.1: DEFINITIONS:
The following words and phrases, when used in this title shall, for the purpose of this
title, have the meanings respectively ascribed to them in this section:
MOTORIZED BICYCLE OR MOTOR BICYCLE: A motor vehicle having a saddle or a
seat for the use of a rider and designed to travel on not more than three (3) wheels in
contact with the ground, and not capable of operating at a speed in excess of thirty-nine
(39) miles per hour on level ground unassisted by human power.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 2nd day of September, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald newspaper on the 5th day of September,
2014.
/s/Trish L. Gleason, Assistant City Clerk
4. City Code of Ordinances Amendment - Title 10- Sidewalk Installation and Repair:
City Manager recommending approval of an amendment to Section 10-1-2-B Sidewalk
16
Installation and Repair of the City of Dubuque Code of Ordinances. Motion by Connors
to receive and file the documents and that the requirement that a proposed ordinance
be considered and voted on for passage at two Council meetings prior to the meeting at
which it is to be passed be suspended. Seconded by Jones. Motion carried 7-0. Attor-
ney Lindahl responded to questions from the council and explained that this amendment
was based on an Iowa Supreme Court ruling and that Iowa City, Iowa has already
passed a similar ordinance.
Motion by Connors for final consideration and passage of Ordinance No. 57-14
Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property,
Chapter 1 Streets, Sidewalks and Other Public Places, Section 10-1-2-B Sidewalk In-
stallation and Repair by further defining the duty and liability of the abutting property
owner. Seconded by Braig. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 57-14
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 10 PUBLIC WAYS
AND PROPERTY, CHAPTER 1 STREETS, SIDEWALKS AND OTHER PUBLIC
PLACES, SECTION 10-1-2-B SIDEWALK INSTALLATION AND REPAIR BY FUR-
THER DEFINING THE DUTY AND LIABILITY OF THE ABUTTING PROPERTY
OWNER
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF DUBUQUE,
IOWA:
Section 1. Section 10-1-2-B of the City of Dubuque Code of Ordinances is amended
to read as follows:
10-1-2: SIDEWALK INSTALLATION AND REPAIR:
B. Duty of Abutting Property Owner to Maintain. The abutting property owner must
maintain the area from the back of the curb to the right of way line, and must keep such
area in a safe condition free from defects, debris, nuisances, obstructions or any other
hazard. The abutting property owner is liable for damages caused by failure to maintain
such area. The abutting property owner must maintain such area in a safe condition, in
a state of good repair, and free from defects. The abutting property owner is liable for
damages caused by failure to maintain such area. Notwithstanding the obligations im-
posed hereunder, the property owner may not remove diseased trees or dead wood or
plant, trim, remove or treat any tree or plant material on public right of way without first
obtaining a permit from the city forester.
Section 2. This Ordinance takes effect upon publication.
Passed, approved and adopted this 2nd day of September, 2014.
/s/Roy D. Buol, Mayor
Attest: /s/Trish L. Gleason, Assistant City Clerk
Published officially in the Telegraph Herald newspaper on the 5th day of September,
2014.
/s/Trish L. Gleason, Assistant City Clerk
5. Dubuque County Emergency Management Commission: Tom Berger of the Dubu-
que County Emergency Management Agency (EMA) requesting a new appointment of
the Mayor or Mayor's representative on the EMA Commission due to the retirement of
17
Fire Chief Dan Brown. Mayor Buol recommending appointment of Fire Chief Rick Stei-
nes, as the representative to the EMA Commission. Motion by Connors to approve the
mayor recommendation of Fire Chief Rick Steines as the representative to the EMA
Commission. Seconded by Braig. Motion carried 7-0.
6. FY 2015 Annual Action Plan Amendment 1: City Manager recommending approval
of the Fiscal Year 2015 Annual Action Plan- Amendment 1 for the Community Devel-
opment Block Grant (CDBG) program. Motion by Braig to receive and file the docu-
ments and adopt Resolution No. 282-14 Approving Fiscal Year 2015 (Program Year
2014) Annual Action Plan Amendment 1 for Community Development Block Grant
(CDBG) Funds. Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 282-14
APPROVING FISCAL YEAR 2015 (PROGRAM YEAR 2014) ANNUAL ACTION PLAN
AMENDMENT 1 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS
Whereas, the City of Dubuque prepared and filed an Annual Action Plan for Fiscal
Years 2015; and
Whereas, the City of Dubuque now desires to amend said Annual Plan by reallocat-
ing funds between existing activities; and
Whereas, said amendment is a substantial amendment as provided in the City's Citi-
zen Participation Plan and therefore must be approved by resolution of the City Council
after a public hearing by the Community Development Advisory Commission; and
Whereas, the City advertised a 30 day public comment period beginning July 18,
2014; and
Whereas, the Community Development Advisory Commission reviewed said
amendment on August 20, 2014 and voted to approve said amendment and recom-
mend approval by the City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Annual Action Plan for Fiscal Years 2014 and 2015 are hereby
rescinded and the balance of funds from these plans are incorporated into a Fiscal Year
2015 (Program Year 2014) Annual Action Plan — Amendment 1, attached hereto as Ex-
hibit A.
Section 2. That said Fiscal Year 2015 (Program Year 2014) Annual Action Plan
Amendment 1 attached hereto as Exhibit A is hereby approved.
Section 3. That the City Manager is hereby authorized and directed to submit a copy
of this resolution and amendment to the U.S. Department of Housing and Urban Devel-
opment.
Passed, approved and adopted this 2nd day of September, 2014
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
7. Southwest Arterial Supplemental Agreement No. 14: City Manager recommending
authorization for the Mayor to execute the Consultant Professional Services — Supple-
mental Agreement with AECOM Technical Services, Inc. for the final engineering design
18
phase of the Southwest Arterial Project, subject to the concurrence of the Iowa Depart-
ment of Transportation. Motion by Lynch to receive and file the documents and adopt
Resolution No. 283-14 Approving the Consultant Professional Services - Supplemental
Agreement No. 14 between AECOM Technical Services, Inc. and the City of Dubuque
for the completion of final engineering design phase of the Southwest Arterial Project.
Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 283-14
APPROVING THE CONSULTANT PROFESSIONAL SERVICES - SUPPLEMENTAL
AGREEMENT NO. 14 BETWEEN AECOM TECHNICAL SERVICES, INC. AND THE
CITY OF DUBUQUE FOR THE COMPLETION OF FINAL ENGINEERING DESIGN
PHASE OF THE SOUTHWEST ARTERIAL PROJECT
Whereas, the City of Dubuque is proceeding with the Southwest Arterial Project, from
U.S. Highway 20 to U.S. Highway 61/151, in Dubuque, Iowa; and
Whereas, as a result of proposed design and plan modifications, the original scope of
services needs to be revised to reflect modifications to previously -completed design el-
ements, as well as new tasks which are required to continue to advance the completion
of the final engineering design phase; and
Whereas, the Consultant Professional Services - Supplemental Agreement authoriz-
es AECOM to provide the revised scope of services to continue to advance the comple-
tion of the final engineering design phase.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That said Consultant Professional Services - Supplemental Agreement No.
14 between AECOM Technical Services, Inc. and the City of Dubuque for the final engi-
neering design phase of the Southwest Arterial project is hereby approved, subject to
the concurrence of the Iowa Department of Transportation.
Section 2. That the Mayor be authorized and directed to execute three copies of said
Consultant Professional Services - Supplemental Agreement No. 14 with AECOM
Technical Services, Inc. for the final engineering design phase of the Southwest Arterial
project.
Passed, approved and adopted this 2nd day of September, 2014.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
8. SRF Green Alley Bid Set 2 Year 2 - Postponement of the Award: City Manager
recommending postponement of the award of the contract until the September 15, 2014
City Council meeting. Motion by Braig to receive and file the documents and adopt Res-
olution No. 284-14 Postponing the Award of the Contract for the SRF Green Alley Bid
Set 2 — Year 2 Project. Seconded by Connors. Motion carried 7-0.
RESOLUTION NO. 284-14
POSTPONING THE AWARD OF THE CONTRACT FOR THE SRF GREEN ALLEY
BID SET 2 — YEAR 2 PROJECT
Whereas, competitive sealed bid proposals have been submitted by contractors for
the SRF Green Alley Bid Set 2 — Year 2 (the Project) pursuant to Resolution No. 217-14
19
and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa
on the 25th day of July, 2014; and
Whereas, said competitive sealed bid proposals were opened and read on the 21st
day of August, 2014; and
Whereas, a contract for the Project was scheduled to be awarded at the September
2, 2014, City Council meeting; and
Whereas, the City Council deems it advisable to postpone the award of a contract for
the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The award of a contract for the SRF Green Alley Bid Set 2 — Year 2 Project is post-
poned to the City Council meeting on September 15, 2014.
Passed, approved and adopted this 2nd day of September, 2014.
Roy D. Buol, Mayor
Attest: Trish L. Gleason, Assistant City Clerk
9. Park and Recreation Advisory Commission Correspondence: Restated Motion by
Jones to receive and file the documents and instruct the Parks and Recreation Advisory
Commission to hold a public hearing regarding dogs in parks. Seconded by Braig. Mo-
tion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Jones congratulated everyone involved in the Labor Day Parade for
having a successful event. Council agreed that staff should look into regulations requir-
ing drivers in all parades to be of legal age, siting public safety as the concern.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:45 p.m. to discuss property acqui-
sition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Seconded by Resnick. Motion
carried 7-0.
Upon motion at 8:20 p.m., the City Council reconvened in open session stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:21 p.m.
/s/Trish Gleason, CMC
Assistant City Clerk
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