9 6 16 City Council Proceedings Official _RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on September 6, 2016
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick,
Rios; City Manager Van Milligen (Joined at 6:24 p.m.) Assistant City Manager Cindy
Steinhauser, 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
1. Mayor Buol administered the Oath of Office to Mayor Pro -Tem Kevin Lynch.
PROCLAMATION(S)
1. Kayla Banwarth Day (August 25, 2016) was read by Mayor Buol having presented
the original to Ms. Banwarth at a previous event.
2. Days of Peace and Ceasefire (September 13-25, 2016) was accepted by Days of
Peace Committee Members R.R.S. Stewart and Evelyn Nadeau.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Del Toro. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings of 8/15, 8/30; Commu-
nity Development Advisory Commission of 8/16; Library Board of Trustees Update #151
of 7/28; Transit Advisory Board of 8/11; Proof of Publication for City Council Proceed-
ings of 8/1, 8/2, 8/3, 8/4 and 8/15; Proof of Publication for List of claims and Summary of
Revenues for Month Ending 7/11. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Barbara Kelly for vehicle damage; Newel Marcov for
vehicle damage; and James Weitz for property damage. Upon motion the documents
were received, filed and referred to the City Attorney.
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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: Barbara Kelly for vehicle damage; Newel Marcov for vehicle damage; and
James Weitz for property damage. Upon motion the documents were received, filed and
concurred.
4. Government Finance Officers Association (GFOA) Certificate of Achievement for
Excellence in Financial Reporting: City Manager transmitting the 28th consecutive Cer-
tificate of Achievement for Excellence in Financial Reporting from the Government Fi-
nance Officers Association (GFOA) for Fiscal Year ended June 30, 2015. Upon motion
the documents were received and filed.
5. Ermina Soler Named Wonder Women: Heroines of Dubuque by Girl Scouts of
Eastern Iowa and Western Illinois: Correspondence from the Girl Scouts of Eastern Io-
wa and Western Illinois honoring Circles Coordinator Ermina Soler with the Wonder
Women - Heroines of Dubuque Award. Upon motion the documents were received and
filed.
6. Dubuque Jaycees 2017 Fireworks Request: Correspondence from Thomas Pars-
ley, General Manager for Radio Dubuque, in partnership with the Dubuque Jaycees re-
questing approval to conduct a fireworks display on Sunday, July 3, 2017 from 9:00
p.m. to 10:30 p.m. on Volunteer Road between Hawthorne and Lime Streets with a rain
date of July 4. Upon motion the documents were received, filed and approved.
7. Appointment to Housing Trust Fund Committee: Housing Commission recom-
mending approval to appoint Commissioner Dorothy Schwendinger as the Commis-
sion's representative on the Housing Trust Fund Committee. Upon motion the docu-
ments were received, filed and approved.
8. Workers' Compensation Settlement for James Hoerner: City Attorney recommend-
ing approval of an Agreement for Settlement regarding a Workers' Compensation claim
that was filed against the City of Dubuque by James Hoerner. Upon motion the docu-
ments were received, filed and approved.
9. Zaber v. City of Dubuque: City Attorney transmitting the Court ruling from Zaber v.
City of Dubuque ordering the distribution of unclaimed funds from the settlement ac-
count to four charitable organizations and requesting authorization for the City Attor-
ney's Office to take such action as may be appropriate to seek review of the ruling by
the Iowa Appellate Courts. Upon motion the documents were received, filed and ap-
proved.
10. Iowa DOT Funding Agreement - NW Arterial and Chavenelle Road Left Turn
Lane Improvements: City Manager recommending approval for the Mayor to execute a
Funding Agreement with the Iowa Department of Transportation for an Urban -State
Traffic Engineering Program (U -STEP) grant to assist with the construction of proposed
left turn lane improvements at the intersection of the Northwest Arterial and Chavenelle
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Road. Upon motion the documents were received and filed and Resolution No. 306-16
Approving a Funding Agreement (No. 6-16-USTEP-15) with the Iowa Department of
Transportation for an Urban -State Traffic Engineering Program (U -STEP) Grant to as-
sist with the construction of proposed left turn lane improvements at the intersection of
Northwest Arterial and Chavenelle Road was adopted.
RESOLUTION NO. 306-16
APPROVING A FUNDING AGREEMENT (NO. 6-16-USTEP-15) WITH THE IOWA
DEPARTMENT OF TRANSPORTATION FOR AN URBAN -STATE TRAFFIC ENGI-
NEERING PROGRAM (U -STEP) GRANT TO ASSIST WITH THE CONSTRUCTION
OF PROPOSED LEFT TURN LANE IMPROVEMENTS AT THE INTERSECTION OF
NORTHWEST ARTERIAL AND CHAVENELLE ROAD
Whereas, in order to facilitate the upcoming Southwest Arterial Menards Frontage
Road and the Southwest Arterial US20 Interchange Grading construction projects, a lo-
cal road detour using the Seippel Road to Chavenelle to the Northwest Arterial is nec-
essary; and
Whereas, the City is currently experiencing operational and capacity challenges at
the Chavenelle and NW Arterial intersection; and
Whereas, the City and Iowa Department of Transportation propose left turn lane im-
provements to extend the existing northbound Northwest Arterial left turn lane onto
Chavenelle to an approximate 400' storage length, while also adding a new Chavenelle
left turn lane onto the Northwest Arterial, providing an approximate 210' storage length;
and
Whereas, the City and Iowa Department of Transportation has determined that im-
provements to this intersection, are in the best interest of the public due to operational
and capacity concerns, construction of proposed left turn lane improvements will im-
prove the level of service of the Northwest Arterial and Chavenelle Road intersection;
and
Whereas, the probable total cost for the turn lane improvements is estimated at
$293,000. The Urban -State Traffic Engineering Program (U -STEP) grant will fund
$140,000 of eligible construction costs, and the remaining cost, $153,000 would be
funding by the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
Section 1. That said Urban -State Traffic Engineering Program (U -STEP) grant fund-
ing will be used within the City of Dubuque to assist with the construction of proposed
left turn lane improvements at the intersection of Northwest Arterial and Chavenelle
Road is hereby approved.
Section 2. That the Mayor be hereby authorized and directed to execute two copies
of said Funding Agreement for Urban -State Traffic Engineering Program (U -STEP)
grant funding to assist with the construction of proposed left turn lane improvements at
the intersection of Northwest Arterial and Chavenelle Road.
Passed, approved and adopted this 6th day of September, 2016.
Attest: Kevin S. Firnstahl, City Clerk
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Roy D. Buol, Mayor
11. Retitling of Position - Public Works Truck Driver to Utility Worker: City Manager
recommending approval to retitle the position of Truck Driver to Utility Worker in the
Public Works Department. Upon motion the documents were received, filed and ap-
proved.
12. Public Works - Change in Equipment Operator Position: City Manager recom-
mending approval to create one additional Landfill Equipment Operator position and
eliminate one Equipment Operator II position in the Public Works Department. Upon
motion the documents were received, filed and approved.
13. Pre -Annexation Agreement — TeKippe: City Manager recommending approval of
a Pre -Annexation Agreement with Kenneth J. and Marlene TeKippe, property owners of
Lot 9 in Twin Ridge Subdivision No. #4. Upon motion the documents were received and
filed and Resolution No. 307-16 Approving a Pre -Annexation Agreement between the
City of Dubuque, Iowa and Kenneth J. and Marlene TeKippe was adopted.
RESOLUTION NO. 307-16
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND KENNETH J. AND MARLENE TEKIPPE
Whereas, Kenneth J. and Marlene Tekippe, owners of the following described prop-
erty 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:
Lots 9 in Twin Ridge Subdivision No. 4 in Section 12 in Table Mound Township,
Dubuque County, Iowa, according to the recorded plat thereof; and
Whereas, Kenneth J. and Marlene Tekippe 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 Kenneth J. and Marlene
Tekippe and the City of Dubuque is hereby approved.
Passed, approved and adopted this 6th day of September, 2016.
Attest: Kevin S. Firnstahl, City Clerk
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Roy D. Buol, Mayor
14. Pre -Annexation Agreement - Hardwood Flooring Services, Inc.: City Manager
recommending approval of a Pre -Annexation Agreement with Hardwood Flooring Ser-
vices, Inc., proper owner of 10638 Key West Drive. Upon motion the documents were
received and filed and Resolution No. 308-16 Approving a Pre -annexation Agreement
between the City of Dubuque, Iowa and Hardwood Flooring Services, Inc. was adopted.
RESOLUTION NO. 308-16
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND HARDWOOD FLOORING SERVICES, INC.
Whereas, Hardwood Flooring Services, Inc., 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 29, 30, 31 and the south one-half of Lot 32, in the city of Key West, Dubuque
County, Iowa, according to the recorded plats thereof; and
Whereas, Hardwood Flooring Services, Inc., has 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 Hardwood Flooring Ser-
vices, Inc. and the City of Dubuque is hereby approved.
Passed, approved and adopted this 6th day of September, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Purchase of Services Grant - Four Mounds HEART Program: City Manager rec-
ommending approval of a Community Development Block Grant Agreement with Four
Mounds HEART Program for Fiscal Year 2017 to provide youth education and training
opportunities. Upon motion the documents were received, filed and approved.
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16. Tri-State Occupational Health Agreement Amendment: City Manager recom-
mending approval of an Amendment to the Agreement between Tri-State Occupational
Health, L.L.C. and the City of Dubuque for case management services for workers
compensation claims and Police and Fire job related injuries and illnesses. Upon motion
the documents were received, filed and approved.
17. Childhood Lead Poisoning Prevention Programs Contracts and Subcontracts:
City Manager recommending approval of a contract with the Dubuque County Board of
Health and the Iowa Department of Public Health for continued funding of the Childhood
Lead Poisoning Prevention Program, and a renewed agreement with the Visiting Nurse
Association for services related to the Childhood Lead Poisoning Prevention Program
and Healthy Homes Program. Upon motion the documents were received, filed and ap-
proved.
18. Felderman's Subdivision - Acceptance of Improvements: City Manager recom-
mending acceptance of the public improvements that the developer, Arboretum Devel-
opment LLC, has recently completed in Felderman's Subdivision. Upon motion the doc-
uments were received and filed and Resolution No. 309-16 Accepting public improve-
ments in Felderman's Subdivision in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 309-16
ACCEPTING PUBLIC IMPROVEMENTS IN FELDERMAN SUBDIVISION, IN THE
CITY OF DUBUQUE, IOWA
Whereas, pursuant to Resolutions 167-10, certain public improvements including
street paving with curb, sanitary sewer main, water main, storm sewers and catch ba-
sins, street lighting, and storm water detention facilities were installed by the developer
of Felderman Subdivision in the City of Dubuque, Iowa; and
Whereas, the improvements have been completed and the City Manager has exam-
ined the work and has filed a certificate stating that the same has been completed in
accordance with the plans approved by the City Council and in conformance with City
specifications, and has recommended that the improvements be accepted by the City
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that said
public improvements in Felderman Subdivision be and the same is hereby accepted.
Section 2. That maintenance of said public improvements shall be the responsibility
of the owners, Arboretum Development LLC, for a period of two (2) years from the date
of this resolution.
Passed, approved and adopted this 6th day of September, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
19. Pebble Cove Subdivision and Pebble Cove #2 Subdivision - Acceptance of Im-
provements: City Manager recommending acceptance of the public improvements that
the developer, Kivlahan Farms L.C., has recently completed in Pebble Cove Subdivision
6
and Pebble Cove #2 Subdivision. Upon motion the documents were received and filed
and Resolution No. 310-16 Accepting public improvements in Pebble Cove Subdivision
and Pebble Cove #2 Subdivision, in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 310-16
ACCEPTING PUBLIC IMPROVEMENTS IN PEBBLE COVE SUBDIVISION AND
PEBBLE COVE # 2 SUBDIVISION IN THE CITY OF DUBUQUE, IOWA
Whereas, pursuant to Resolutions 171-08 and 172-08, certain public improvements
including street paving with curb, sanitary sewer main, water main, storm sewers and
catch basins, street lighting, and storm water detention facilities were installed by the
developer of Pebble Cove Subdivision and Pebble Cove # 2 Subdivision in the City of
Dubuque, Iowa; and
Whereas, the improvements, except for storm water detention facilities, have been
completed and the City Manager has examined the work and has filed a certificate stat-
ing that the same has been completed in accordance with the plans approved by the
City Council and in conformance with City specifications, and has recommended that
the improvements be accepted by the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the recommendation of the City Manager be approved and that said
public improvements in Pebble Cove Subdivision and Pebble Cove # 2 Subdivision, ex-
cept for storm water detention facilities, be and the same is hereby accepted.
Section 2. That maintenance of said public improvements shall be the responsibility
of the owners, Kivlahan Farms L.C., for a period of two (2) years from the date of this
resolution.
Passed, approved and adopted this 6th day of September, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
20. 2016 Asphalt Overlay Access Ramp Project Two Award: City Manager recom-
mending the award for the 2016 Asphalt Overlay Access Ramp Project Two be officially
recorded in the minutes of the City Council. Upon motion the documents were received,
filed and made a Matter of Record.
21. 2016 Asphalt Overlay Access Ramps Project Three Award: City Manager rec-
ommending that the award for the 2016 Asphalt Overlay Access Ramp Project Three be
officially recorded in the minutes of the City Council. Upon motion the documents were
received, filed and made a Matter of Record.
22. AECOM Technical Services, Inc. - SW Arterial Supplemental Agreement No. 17:
City Manager recommending authorization to execute a supplemental agreement with
AECOM Technical Services, Inc., subject to the concurrence of the Iowa Department of
Transportation, which approves revisions to the original scope of services to the Con-
sultant Professional Services Contract to complete the final engineering design phase of
the Southwest Arterial. Upon motion the documents were received and filed and Reso-
lution No. 311-16 Approving the Consultant Professional Services -Supplemental
7
Agreement No. 17 between AECOM Technical Services, Inc. and the City of Dubuque
for the completion of final engineering design phase of the Southwest Arterial Project
was adopted.
RESOLUTION NO. 311-16
APPROVING THE CONSULTANT PROFESSIONAL SERVICES -SUPPLEMENTAL
AGREEMENT NO. 17 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 Iowa DOT specification 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.
17 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 City Manager be authorized and directed to execute three copies
of said Consultant Professional Services - Supplemental Agreement No. 17 with
AECOM Technical Services, Inc. for the final engineering design phase of the South-
west Arterial project.
Passed, approved and adopted this 6th day of September, 2016.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
23. Signed Contracts: Wenzel Towing Service Contract Amendment to FY 2016-2018
Contract. Upon motion the documents were received and filed.
24. Alcohol Compliance Civil Penalty for Alcohol License Holder — Buffalo Wild
Wings: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Buffalo Wild Wings, 2805 Northwest
Arterial. Upon motion the documents were received, filed and approved.
25. Alcohol Compliance Civil Penalty for Alcohol License Holder - Ron's Discount
Smokes: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Ron's Discount Smoke & Beverage
Center #1, 3300 Asbury Road. Upon motion the documents were received, filed and
approved.
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26. Alcohol License Applications: City Manager recommending approval of annual
beer, liquor and wine licenses as submitted. Upon motion the documents were received
and filed and Resolution No. 312-16 Approving applications for beer, liquor, and/or wine
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li-
cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses
and Permits was adopted.
RESOLUTION NO. 312-16
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
Europa Cafe of Dubuque 4031 Pennsylvania Ave. Class C Liquor
Phillips 66/Arby's 10 South Main Class C Beer (Sunday)
Red Robin America's
Gourmet Burgers
Ron's Discount Smokes &
Beverage Center # 1
Special Event
Dubuque Jaycees 10-1
L. May 10-14
Adding Privilege
Cuemasters Billiards
Permanent Transfer
Club Rondavoo
formally Club 23
2775 NW Arterial
3300 Asbury Rd.
4th and Bluff St.
2000 University Ave.
900 Central Ave.
Class C Liquor (Outdoor) (Sun-
day)
Class C Beer, Class B Native
Wine (Sunday)
Class B Beer (Outdoor)
Special Class C Liquor
Adding Outdoor Service
From 1902 Central Ave.
to 1850 Central Ave. Class C Liquor (Sunday)
Passed, approved and adopted this 6th day of September, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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ITEMS 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 notice as prescribed by
law. Seconded by Del Toro. Motion carried 7-0.
1. NW Arterial and Chavenelle Road Left Turn Lane Improvement Project: City Man-
ager recommending initiation of the public bidding procedure for the Northwest Arteri-
al/Chavenelle Road Intersection Left Turn Lane Improvements Project, and further rec-
ommends that a public hearing be set for September 19, 2016. Upon motion the docu-
ments were received and filed and Resolution No. 313-16 Preliminary approval of plans,
specifications, form of contract, and estimated cost; setting date of public hearing on
plans, specifications, form of contract, and estimated cost; and ordering the advertise-
ment for bids was adopted setting a public hearing for a meeting to commence at 6:00
p.m. on September 19, 2016 in the Historic Federal Building.
RESOLUTION NO. 313-16
NORTHWEST ARTERIAL / CHAVENELLE INTERSECTION LEFT TURN LANE IM-
PROVEMENTS PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING
THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the
Northwest Arterial / Chavenelle Intersection Left Turn Lane Improvements Project in the
estimated amount $293,000, are hereby preliminarily approved and ordered filed in the
office of the City Clerk for public inspection.
A public hearing will be held on the 19th day of September, 2016 at 6:00 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 plans and specifications, form of contract
and estimated cost of said Project, and the City Clerk be and is hereby directed to
cause the attached notice of the time and place of such hearing to be published in a
newspaper having general circulation in the City of Dubuque, Iowa, which notice shall
be published not less than four days nor more than twenty days prior to the date of such
hearing. At the hearing, any interested person may appear and file objections to the
proposed plans, specifications, form of contract, or estimated cost of the Project.
Northwest Arterial / Chavenelle Intersection Left Turn Lane Improvements is hereby
ordered to be advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the attached Notice to Bidders to be pub-
lished in the Master Builders of Iowa Plan Room and posted on the City of Dubuque
10
website at www.cityofdubuque.org/bids. Publication will occur not less than thirteen but
not more than forty-five days before the date for filing bids before 2:00 p.m. on the 22nd
day of September 2016. Bids shall be opened and read by the City Clerk at said time
and will be submitted to the City Council for final action at 6:00 p.m. on the 3rd day of
October, 2016, in the Historic Federal Building Council Chambers (second floor), 350
West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 6th day of September, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Fiscal Year 2017 First Budget Amendment: City Manager recommending the first
Fiscal Year 2017 Budget Amendment be set for public hearing for September 19, 2016.
Upon motion the documents were received and filed and Resolution No. 314-16 Setting
the date for the public hearing on Amendment No. 1 to the Fiscal Year 2017 Budget for
the City of Dubuque was adopted setting a public hearing for a meeting to commence at
6:00 p.m. on September 19, 2016 in the Historic Federal Building.
RESOLUTION NO. 314-16
SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 1 TO THE
FISCAL YEAR 2017 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 2017 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 19, 2016, beginning at 6:00 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 6th day of September 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
3. Dubuque Regional Airport Parking Lot Repair Project 2016: City Manager recom-
mending initiation of the public bidding procedure for the Dubuque Airport Parking Lot
Repair Project 2016, and further recommends that a public hearing be set for Septem-
ber 19, 2016. Upon motion the documents were received and filed and Resolution No.
315-16 Preliminary approval of plans, specifications, form of contract, and estimated
cost; setting date of public hearing on plans, specifications, form of contract, and esti-
mated cost; and ordering the advertisement for bids was adopted setting a public hear-
ing for a meeting to commence at 6:00 p.m. on September 19, 2016 in the Historic Fed-
eral Building.
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RESOLUTION NO. 315-16
DUBUQUE AIRPORT PARKING LOT REPAIR PROJECT 2016
IMPROVEMENT PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING
THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the
Dubuque Airport Parking Lot Repair Project 2016 Improvement Project in the estimated
amount $122,048.21, are hereby preliminarily approved and ordered filed in the office of
the City Clerk for public inspection.
A public hearing will be held on the 19th day of September, 2016, at 6:00 p.m. in the
Historic Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque,
Iowa, at which time interested persons may appear and be heard for or against the pro-
posed plans and specifications, form of contract and estimated cost of said Project, and
the City Clerk be and is hereby directed to cause the attached notice of the time and
place of such hearing to be published in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested person
may appear and file objections to the proposed plans, specifications, form of contract, or
estimated cost of the Project.
The Dubuque Airport Parking Lot Repair Project 2016 Improvement 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 City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the attached Notice to Bidders to be pub-
lished 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 filing bids before 2:00 p.m. on the 23rd day of September, 2016. Bids shall be
opened and read by the City Clerk at said time and will be submitted to the City Council
for final action at 6:00 p.m. on the 3rd day of October, 2016, in the Historic Federal
Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 6th day of September 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Lease of Property to Interstate Power and Light Company for Construction of Solar
Array: City Manager recommending he City Council set a public hearing for September
19, 2016, to approve a lease with Interstate Power and Light Company for approximate-
ly 21.14 acres of property recently acquired by the City of Dubuque near the Dubuque
Industrial Center West north of Humke Road and west of Seippel Road for construction
of a solar array. Upon motion the documents were received and filed and Resolution
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No. 316-16 Resolution of Intent to dispose of an interest in City of Dubuque owned
property by lease between the City of Dubuque and Interstate Power and Light Compa-
ny was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on
September 19, 2016 in the Historic Federal Building.
RESOLUTION NO. 316-16
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE OWNED PROPER-
TY BY LEASE BETWEEN THE CITY OF DUBUQUE AND INTERSTATE POWER
AND LIGHT COMPANY
Whereas, the City of Dubuque (City) is the owner of the following described property
legally described as:
Lot 2 in "W.A. Norman Place" in Section 25, Center Township, Dubuque County,
Iowa, according to the plat thereof (the Property) and;
Whereas, City desires to lease that part of the Property described in attached Exhibit
A (the Premises) to Interstate Power and Light Company pursuant to the Real Property
Lease Agreement (the Lease) now on file at the Office of the City Clerk, City Hall, 13
and Central, Dubuque, Iowa; and
Whereas, the City Council has tentatively determined that it would be in the best in-
terests of the City to enter into the Lease; and
Whereas, the City Council has determined that the proposed Lease should be set for
public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the Premises by
Lease with Interstate Power and Light Company.
Section 2. That the City Clerk is hereby authorized and directed to cause this Resolu-
tion and a notice to be published as prescribed by Iowa Code Section 364.7 of a public
hearing on the City's intent to dispose of the Premises to be held on the 19th day of Sep-
tember, 2016, at 6:00 o'clock p.m. at the Historic Federal Building, 350 West 6th Street,
Dubuque, Iowa.
Passed, approved and adopted this 6th day of September, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions.
1. Long Range Planning Advisory Commission: One, 3 -year term through July 1,
2017 (Vacant term of Clements). Applicant: Ronald Collins, 243 Cardiff St.
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Appointments were made to the following Boards/Commissions.
2. Long Range Planning Advisory Commission: One, 3 -year term through July 1,
2019 (Vacant term of Prochaska). Applicant: Michael Wright, 385 Burch St. Motion by
Connors to appoint Mr. Wright to a 3 -year term through July 1, 2019. Seconded by
Lynch. Motion carried 7-0.
3. Transit Advisory Board: One, 3 -year term through July 30, 2019 (Expired term of
Lohrmann). Applicant: Carrie Lohrmann, 1879 Denver Dr. Motion by Jones to appoint
Ms. Lohrmann to a 3 -year term through July 30, 2019. Seconded by Lynch. Motion car-
ried 7-0.
PUBLIC HEARINGS
1. Removal of Phyllrich Drive from Residential Parking Permit District H: Proof of
publication on notice of public hearing to consider the removal of Phyllrich Drive from
Residential Parking Permit District H and the City Manager recommending approval.
Motion by Lynch to receive and file the documents and that the requirement that a pro-
posed 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 Resnick. City
Engineer Gus Psihoyos responded to questions from the City Council regarding chang-
es in student parking in the residential area since the completion of Hempstead High
School's parking renovation project. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 42-16 Amend-
ing City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14
Parking, Division 7 Residential Parking Permit Program, Section 9-14-321.740 Residen-
tial Parking Permit District H by removing Phyllrich Drive between Keystone Drive and
Keymont Drive. Seconded by Resnick. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 42-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI-
CLES AND TRAFFIC, CHAPTER 14 PARKING, DIVISION 7 RESIDENTIAL PARKING
PERMIT PROGRAM, SECTION 9-14-321.740 RESIDENTIAL PARKING PERMIT DIS-
TRICT H BY REMOVING PHYLLRICH DRIVE BETWEEN KEYSTONE DRIVE AND
KEYMONT DRIVE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 9-14-321.740 of the City of Dubuque Code of Ordinances is
amended to read as follows:
9-14-321.740: RESIDENTIAL PARKING PERMIT DISTRICT H:
A. The following described area constitutes a residential parking permit district desig-
nated as Residential Parking Permit District H:
Hansel Drive, between Keystone Drive and Keymont Drive.
Keymont Drive from Key Way Drive to its westerly terminus.
Vizaleea Drive from Pennsylvania Avenue to Keystone Drive
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B. No vehicles shall park curbside in Residential Parking Permit District H during the
hours of seven o'clock (7:00) AM to three o'clock (3:00) PM, except Saturdays, Sun-
days, and holidays, without displaying a valid parking permit issued by the city.
Section 2. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 6th day of September, 2016.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 9th day of September,
2016.
/s/Kevin S. Firnstahl, CMC, City Clerk
PUBLIC INPUT
Jill Crippes, 2257 Chaney Road #1, addressed the City Council about her interest in
purchasing the Five Flags Center and use it as a church. Mayor Buol advised Ms.
Crippes to submit her proposal to the City Clerk for submission to the City Council.
ACTION ITEMS
1. Greater Dubuque Development Corporation - Quarterly Update: President and
CEO Rick Dickinson presented a verbal update on the activities of the Greater Dubuque
Development Corporation. Topics included meeting and exceeding the goals of the
NEXT Campaign in the areas of job creation, population growth, average wage, ex-
panding and developing NEXT Campaign goals beyond Fiscal Year 2017. Mr. Dickin-
son responded to questions from the City Council regarding Moody's Investor Service
assessments and predictions for cities that do not factor in present and future programs
that may benefit the city's rating. He added the GDDC tracks Moody's reports and
makes inquiries. Mr. Dickinson also addressed the analytics of regional job growth and
how it is impacted by population growth and the inability to break it down by community.
Motion by Jones to receive and file the information. Seconded by Lynch. Motion carried
7-0.
2. Five Flags Civic Center Quarterly Report: SMG Regional General Manager HR
Cook provided the quarterly report on the Five Flags Civic Center. Topics included: a
financial report, a breakdown of events and attendance, notable events past and future,
new logo unveiling, business partnerships, concession changes and the addition of a
new, recurring event for dog owners, "Wags at Flags" during the winter months. Motion
by Connors to receive and file the information. Seconded by Jones. Motion carried 7-0.
3. Cottingham & Butler Insurance Services, Inc. - IEDA Contract: City Manager rec-
ommending approval of a contract among Cottingham & Butler Insurance Services, Inc.,
the City of Dubuque and the Iowa Economic Development Authority. Motion by Lynch to
receive and file the documents and adopt Resolution No. 317-16 Authorizing the execu-
tion of a Contract for State Business Financial Assistance by and among Cottingham &
Butler Insurance Services, Inc., the City of Dubuque, Iowa, and the Iowa Economic De-
velopment Authority. Seconded by Connors. Motion carried 7-0.
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RESOLUTION NO. 317-16
AUTHORIZING THE EXECUTION OF A CONTRACT FOR STATE BUSINESS FI-
NANCIAL ASSISTANCE BY AND AMONG COTTINGHAM & BUTLER INSURANCE
SERVICES, INC., THE CITY OF DUBUQUE, IOWA, AND THE IOWA ECONOMIC
DEVELOPMENT AUTHORITY
Whereas, Cottingham & Butler Insurance Services, Inc. has proposed making a One
Million Two Hundred Thousand Dollar ($1,200,000.00) investment in tenant improve-
ments to twenty-five thousand square feet (25,000 sq. ft.) of office space in the Roshek
Building at 700 Locust Street in the City of Dubuque, Iowa which will allow the creation
of ninety (90) full-time jobs in the City; and
Whereas, the City Council of the City of Dubuque, Iowa has considered the proposal
and has determined that the proposed project will contribute to the local economy; 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 Iowa Economic Development Authority has requested execution of an
Economic Development Assistance Contract in order to finalize incentives and docu-
ment associated terms for the tenant improvements of Cottingham & Butler Insurance
Services, Inc.'s proposed project at 700 Locust Street in the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the execution of the Economic Development Assistance Contract 16 -
DF -046 for participation in the Iowa Economic Development Authority's Financial Assis-
tance Program on behalf of Cottingham & Butler Insurance Services, Inc., a copy of
which is attached hereto, is hereby approved.
Section 2. That the Mayor is hereby authorized to execute and the City Manager is
hereby directed to submit the Economic Development Assistance Contract to the Iowa
Economic Development Authority together with such other documents as may be re-
quired.
Passed, approved, and adopted this 6th day of September, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Rejection of Bids - Grandview Avenue and Loras Boulevard and Grandview Ave-
nue and University Avenue Intersection Improvement Projects: City Manager recom-
mending the rejection of the competitive bid proposals received for the Grandview Ave-
nue & Loras Boulevard and Grandview Avenue & University Avenue Intersection Im-
provement Project due to the reconsideration of a traffic control device for the intersec-
tion improvements at Grandview Avenue & University Avenue. Motion by Lynch to re-
ceive and file the documents and adopt Resolution No. 318-16 Rejecting competitive
bid proposals received for the Grandview Avenue & Loras Boulevard and Grandview
Avenue & University Avenue Intersection Improvement Project. Seconded by Resnick.
Motion carried 7-0. City Manager Van Milligen and City Engineer Gus Psihoyos re-
sponded to questions from the City Council regarding the impact the change
16
would have on grant funding, the impact on current and future traffic flow from the re-
cently completed roundabout. At the request of City Council, staff will inquire with con-
sultants about the option of a mini/painted roundabout.
RESOLUTION NO. 318-16
REJECTING COMPETITIVE BID PROPOSALS RECEIVED FOR THE GRANDVIEW
AVENUE & LORAS BOULEVARD AND GRANDVIEW AVENUE & UNIVERSITY AV-
ENUE INTERSECTION IMPROVEMENT PROJECT
Whereas, competitive sealed bid proposals were submitted for the Grandview Ave-
nue & Loras Boulevard and Grandview Avenue & University Avenue Intersection Im-
provement Project (the Project) pursuant to Resolution No. 277-16 and Notice to Bid-
ders published in a newspaper published in the City of Dubuque, Iowa on the 19th day
of July, 2016; and
Whereas, the competitive sealed bid proposals were opened and read on the 4th day
of August, 2016; and
Whereas, the City Council has deemed it advisable to reject all competitive sealed
bid proposals for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The competitive sealed bid proposals for the Grandview Avenue & Loras
Boulevard and Grandview Avenue & University Avenue Intersection Improvement Pro-
ject is hereby rejected.
Section 2. The City Clerk is authorized and instructed to return the bid deposit of the
unsuccessful bidders for the Grandview Avenue & Loras Boulevard and Grandview Av-
enue & University Avenue Intersection Improvement Project.
Passed, approved and adopted this 6th day of September, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
5. Code of Ordinances Amendment - Title 15 Swimming Pool Regulations: City Man-
ager recommending approval of a change to Title 14-9-1 of the City of Dubuque Code of
Ordinances redefining the depth and amending fencing regulations for swimming pools
to be consistent with the International Property Maintenance Code. 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 Del Toro. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 43-16
Amending City of Dubuque Code of Ordinances Title 14 Building and Development,
Chapter 9 Swimming Pools, Sections 14-9-1 Definition and 14-9-4 Fencing Require-
ments to make language consistent with the International Property Maintenance Code.
Seconded by Del Toro. Motion carried 7-0.
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OFFICIAL PUBLICATION
ORDINANCE NO. 43-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 14 BUILDING AND
DEVELOPMENT, CHAPTER 9 SWIMMING POOLS, SECTIONS 14-9-1 DEFINITION
AND 14-9-4 FENCING REQUIREMENTS TO MAKE LANGUAGE CONSISTENT WITH
THE INTERNATIONAL PROPERTY MAINTENANCE CODE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 14-9-1 of the City of Dubuque Code of Ordinances is amended to
read as follows:
14-9-1: DEFINITION: As used in this chapter, a "swimming pool" is defined as any
constructed or prefabricated swimming pool, hot tub, or spa used for swimming, bathing
or wading, containing water over twenty-four inches (24") in depth.
Section 2. Section 14-9-4 of the City of Dubuque Code of Ordinances is amended to
read as follows:
14-9-4: FENCING REQUIREMENTS: Swimming pool fencing shall be in compliance
with Section 303 of the International Property Maintenance Code.
Section 3. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 6th day of September, 2016.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 9th day of September,
2016.
/s/Kevin S. Firnstahl, City Clerk
6. Traffic Stop Analysis Project: City Manager recommending approval of a Memo-
randum of Understanding between the City of Dubuque and St. Ambrose University to
complete a traffic stop study in Dubuque. Motion by Connors to receive and file the
documents and approve the recommendation. Seconded by Jones. Police Chief Mark
Dalsing responded to questions from the City Council regarding the qualifications of St.
Ambrose University, current and ongoing departmental intercultural training, and con-
cerns about justifying the need for the analysis versus putting the funds toward improv-
ing the current system. Motion carried 6-1 with Del Toro voting nay.
7. Expansion of Conservation District to Include 553 E. 14th Street: City Manager rec-
ommending approval of the expansion of the Washington Neighborhood Conservation
District to include 553 E. 14th Street. Motion by Connors to consider the first reading of a
proposed ordinance amending Title 16 of the City of Dubuque Code of Ordinances, Uni-
fied Development Code, by amending Article 10-11-A-4 pertaining to expansion of the
Washington Street Neighborhood Conservation District. Motion failed for lack of a sec-
ond.
Motion by Resnick to table to October 17, 2016. Seconded by Del Toro. Motion car-
ried 5-2 with Buol and Jones voting nay.
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8. Building Conditions Report for Property at 3000 Jackson Street: Building Services
Manager Todd Carr, Assistant City Attorney Maureen Quann, Assistant City Attorney
Crenna Brumwell and Planning Services Manager Laura Carstens presented a Building
Conditions Report for property at 3000 Jackson Street, a portion of the former Dubuque
Brewing and Malting Company complex (a/k/a H&W Building). Topics included historical
background, code enforcements and timelines by City departments, court enforcement
and timelines by City Attorney's Office, response to July 21, 2016 partial building col-
lapse, work plan to remove threat to public safety, and overview of the City's code en-
forcement tools. Staff and the City Manager responded to questions from the City
Council regarding the imminent threat of public safety, comparisons to other preserva-
tion projects, property/business insurance, and options the property owner has for the
future of the building. Staff will provide updates to the City Council on the safety issue
and any changes in the disposition of the property. Motion by Connors to receive and
file the documents. Seconded by Lynch. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Mayor Buol invited citizens to the State of the City Address at 7 p.m. on Thursday,
September 8, 2016 in the City Council Chambers, 350 W. 6th Street (second floor). The
Address will be broadcast on cable channel 8 and digital 117.2.
There being no further business, upon motion the City Council adjourned at 9:21 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
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