10 3 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 October 3, 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, City Attorney Brumwell
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
Mayor Buol welcomed recently appointed City Attorney Crenna Brumwell.
PRESENTATION(S)
1. International Economic Development Council 2016 Leadership Award was pre-
sented to Mayor Roy D. Buol by Rick Dickinson, Executive Director and CEO of Greater
Dubuque Development Corp.
2. Tom McDonald Safety (ISRMSA) Award: Civil Engineer Jon Dienst presented the
Tom McDonald Safety Award from the Iowa Streets and Road Maintenance Supervisors
Association (ISRMSA) recognizing the City of Dubuque for the Grandview Avenue/Delhi
Street/Grace Street Roundabout Project.
PROCLAMATION(S)
1. Keeping the Lights on After School Day (October 13, 2016) was accepted by Beth
McGorry of St. Mark Youth Enrichment, 1201 Locust Street.
2. White Cane Safety Day (October 15, 2016) was accepted by Judy Jacobs and
Mary Barges on behalf of Tri-State Blind Society and Dubuque Association for the Blind
respectively, 3333 Asbury Road.
3. Gentleman Day (October 19, 2016) was accepted by: Nelly Hill of Waypoint Ser-
vices Dubuque, 452 W. 4th Street.
4. Trick -or -Treat Night (October 31, 2016) was accepted by Mayor Roy D. Buol.
5. Chaplain Aloysius Schmitt Week (October 3-7, 2016) was accepted by Dick Bridg-
es, Past Commander, American Legion Post 6, 1306 Delhi Street.
6. Arts and Humanities Month (October 2016) was accepted by Arts and Cultural Af-
fairs Commissioners Ellen Henkels, Susan Reidel, David Schmitz, and Mary Armstrong
7. Make -a -Will Month (October 2016) was accepted by Make -a -Will Month Commit-
tee Members Susan Henricks, David Schmitz, and Ric Jones.
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CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Resnick. Council Member Jones requested #5 be
held for separate discussion. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Proceedings 9/19; Civil Service
Commission of 8/9, 9/26; Sister City Relationships Advisory Commission of 9/14; Proofs
of Publication on City Council Proceedings of 9/6, 9/12; Proof of Publication for List of
Claims and Summary of Revenues for Month Ending 8/31. Upon motion the documents
were received and filed.
2. Notice of Claims and Suits: Marvin Brantley for vehicle damage; Donna Klein for
property damage. Upon motion the documents were received, filed and referred to the
City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Marvin Brantley for vehicle damage; Donna Klein for property damage;
Ciara Neealy for vehicle damage. Upon motion the documents were received, filed and
concurred.
4. International Day of Peace Recognition of City Employees: City Manager transmit-
ting information about Human Rights Director Kelly Larson and Circles Coach Ermina
Soler receiving recognition from Dubuque's International Day of Peace Committee. Up-
on motion the documents were received and filed.
5. Dubuque Fire Department - 2016 Mission: Lifeline® EMS Silver Award: The Dubu-
que Fire Department received a 2016 Mission: Lifeline® EMS Silver Award from the
American Heart Association for implementing quality improvement measures for the
treatment of patients who experience severe heart attacks. Motion by Jones to receive
and file. Seconded by Connors. Jones recognized Fire Department staff for their
achievement. Motion carried 7-0.
6. Pool Assessment Study Consultant Selection: City Manager recommending ap-
proval of the selection of MSA Professional Services, Inc. to complete a facility assess-
ment and report (Tasks 1A and 1B) for both the Flora and Sutton Pools. Upon motion
the documents were received, filed and approved.
7. Acceptance of Ingress and Egress Easement - 3080 Cedar Crest Court: City Man-
ager recommending acceptance of a Grant of Ingress and Egress Easement over prop-
erty at 3080 Cedar Crest Court. Upon motion the documents were received and filed
and Resolution No. 338-16 Accepting a Grant of Ingress and Egress Easement through,
over and across part of Lot 2 of Lot 3 of Cedar Ridge Farm Place No. 7, in the City of
Dubuque, Iowa was adopted.
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RESOLUTION NO. 338-16
ACCEPTING A GRANT OF INGRESS AND EGRESS EASEMENT THROUGH, OVER
AND ACROSS PART OF LOT 2 OF LOT 3 OF CEDAR RIDGE FARM PLACE NO. 7,
IN THE CITY OF DUBUQUE, IOWA
Whereas, BM Properties, LLC has executed an Ingress and Egress Easement
through, over and across Part of Lot 2 of Lot 3 of Cedar Ridge Farm Place No. 7, in the
City of Dubuque, Dubuque County, Iowa, which provides the City of Dubuque access to
the existing storm water detention facility on located on Lot A Cedar Ridge Farm Place
No. 8 for maintenance to said facility.
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 Ingress and Egress Easement through, over and
across Part of Lot 2 of Lot 3 of Cedar Ridge Farm Place No. 7, in the City of Dubuque,
Dubuque County, Iowa from BM Properties, 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.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution in the offices of the City Assessor, Dubuque County Re-
corder and Dubuque County Auditor.
Passed, approved and adopted this 3rd day of October, 2016
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
8. Acceptance of Permanent Easement for Sanitary Sewer - 4825 Asbury Road: City
Manager recommending acceptance of a Grant of Sanitary Sewer Easement from Half
Moon, LLC for a permanent sanitary sewer easement across 4825 Asbury Road. Upon
motion the documents were received and filed and Resolution No. 339-16 Accepting a
Grant of Easement for Sanitary Sewer through, over and across part of Lot 1 of 2 of
Remake) Place, in the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 339-16
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER THROUGH, OVER
AND ACROSS PART OF LOT 1 OF 2 OF REMAKEL PLACE, IN THE CITY OF
DUBUQUE, IOWA
Whereas, Half Moon, LLC has executed a Permanent Easement for Sanitary Sewer
through, over and across Part of Lot 1 of 2 of Remake) Place 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 Permanent Easement for Sanitary Sewer through,
over and across Part of Lot 1 of 2 of Remake) Place in the City of Dubuque, Dubuque
County, Iowa as shown on the Grant of Easement for Sanitary Sewer Utility, from Half
Moon, LLC, a copy of which is attached hereto.
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Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Section 3. The City Clerk is hereby authorized to and directed to record this resolu-
tion and easement with the Dubuque County Recorder.
Passed, approved and adopted this 3rd day of October, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
9. Acceptance of Grant of Sanitary Sewer Utility Easement - 3225 Pennsylvania Ave-
nue: City Manager recommending acceptance of a Grant of Sanitary Sewer Easement
from Dubuque Senior Housing IV, LLC, for a permanent easement for sanitary sewer
across part of 3225 Pennsylvania Avenue. Upon motion the documents were received
and filed and Resolution No. 340-16 Accepting a Grant of Easement for Sanitary Sewer
Through, over and across part of Lot 1 of Lange Estate, in the City of Dubuque, Iowa
was adopted.
RESOLUTION NO. 340-16
ACCEPTING A GRANT OF EASEMENT FOR SANITARY SEWER THROUGH, OVER
AND ACROSS PART OF LOT 1 OF LANGE ESTATE, IN THE CITY OF DUBUQUE,
IOWA
Whereas, Dubuque Senior Housing IV, LLC has executed a Permanent Easement for
Sanitary Sewer through, over and across Part of Lot 1 of Lange Estate in the City of
Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa hereby approves of, accepts
and consents to the Grant of Permanent Easement for Sanitary Sewer through, over
and across Part of Lot 1 of Lange Estate in the City of Dubuque, Dubuque County, Iowa
as shown on the Plat of Sanitary Sewer Easement recorded as Instrument No. 2016-
00011887 in the Dubuque County Recorder's Office, from Dubuque Senior Housing IV,
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.
Section 3. The City Clerk is hereby authorized to and directed to record this resolu-
tion and easement with the Dubuque County Recorder.
Passed, approved and adopted this 3rd day of October, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
10. Upper Mississippi River - A Vital Resource for Regional Economic Prosperity
Brochure: City Manager transmitting the Upper Mississippi River - A Vital Resource for
Regional Economic Prosperity Brochure. Upon motion the documents were received
and filed.
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11. Friends of St. Mary's / Steeple Square - Fourth Amendment to Development
Agreement: City Manager recommending approval of the Fourth Amendment to the De-
velopment Agreement between the City of Dubuque and Friends of St. Mary's d/b/a
Steeple Square for the property located at 1501 Jackson Street. Upon motion the doc-
uments were received and filed and Resolution No. 341-16 Approving the Fourth
Amendment to the Development Agreement between the City of Dubuque, Iowa and
Friends of St. Mary's d/b/a Steeple Square was adopted.
RESOLUTION NO. 341-16
APPROVING THE FOURTH AMENDMENT TO THE DEVELOPMENT AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA AND FRIENDS OF ST. MARY'S D/B/A
STEEPLE SQUARE
Whereas, the City of Dubuque (City) and Friends of St. Mary's d/b/a/Steeple Square
(Developer) entered into a Development Agreement, dated May 2, 2016, and as
amended by the First Amendment dated June 6, 2016, the second Amendment dated
July 18, 2016, and the Third Amendment dated September 19, 2016, for the rehabilita-
tion of 1501 Jackson Street, Dubuque, Iowa (the Property); and
Whereas, the parties desire to amend the Development Agreement with respect to
the closing date; and
Whereas, the City Council of the City of Dubuque finds that the City of Dubuque
should approve to the Fourth Amendment to Development Agreement.
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 hereby approves the Fourth
Amendment to Development Agreement, a copy of which is attached hereto.
Section 2. The Mayor is authorized and directed to sign the Fourth Amendment to
Development Agreement of behalf of the City of Dubuque.
Passed, approved and adopted this 3rd day of October, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Friends of St. Mary's / Steeple Square - Collateral Assignment of Development
Agreement: City Manager recommending approval of a Collateral Assignment of the
Development Agreement for the 1501 Jackson Street project to Dubuque Bank & Trust.
Upon motion the documents were received and filed and Resolution No. 342-16 Ap-
proving Collateral Assignment of Development Agreement related to rehabilitation of
1501 Jackson Street was adopted.
RESOLUTION NO. 342-16
APPROVING COLLATERAL ASSIGNMENT OF DEVELOPMENT AGREEMENT RE-
LATED TO REHABILITATION OF 1501 JACKSON STREET
Whereas, the property at 1501 Jackson Street in Dubuque, Iowa (the Building) is
owned by Friends of St. Mary's d/b/a Steeple Square (Owner); and
Whereas, Owner and the City of Dubuque (City) have entered into a Development
Agreement for the rehabilitation of the Building; and
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Whereas, Owner has created a special purpose entity to facilitate the use of federal
and state historic tax credits and other development programs in the rehabilitation pro-
ject, to wit, Jackson Street School, LLC which is owned by Friends of St. Mary's d/b/a
Steeple Square; and
Whereas, the City Council has approved an assignment of the Development Agree-
ment from Friends of St. Mary's d/b/a Steeple Square to Betty Building, LLC and the
Subrecipient Agreement from Wilmac to Jackson Street School, LLC; and
Whereas, Owner and Jackson Street School, LLC will enter into a loan agreement
with Dubuque Bank & Trust Co. (DB&T) for additional funding for the Building and
DB&T has requested that Jackson Street School, LLC sign a collateral Assignment of
the Development Agreement to DB&T (the Assignment), which Assignment requires
that City join in the Assignment; and
Whereas, the City Council finds that the Assignment should be approved.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DUBUQUE,
IOWA AS FOLLOWS:
Section 1. The Assignment of the Development Agreement attached hereto is hereby
approved.
Section 2. The Mayor is authorized and directed to sign the Assignment of the Sub -
recipient Agreement and Assignment of the Development Agreement on behalf of the
City of Dubuque.
Passed, approved and adopted this 3rd day of October, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Request for Professional Consulting Engineering Services: City Manager recom-
mending authorization to seek proposals for qualified professional engineering consult-
ants to assist the City in obtaining favorable financing for budgeted sanitary sewer and
associated water main capital improvement projects through the State of Iowa's State
Revolving Loan fund. Upon motion the documents were received, filed and approved.
14. Dubuque County General Relief Fund: City Manager recommending approval of
Fiscal Year 2017 Water Leak Repair funds to provide Dubuque County a 50/50 match
for payments from the Dubuque County General Relief Fund beginning in Fiscal Year
2017. Upon motion the documents were received, filed and approved.
15. "First Job" Recruiting and Hiring Compact: City Manager recommending approval
for the City of Dubuque becoming a participant in the "First Job" Recruiting and Hiring
Compact as part of the My Brother's Keeper initiative by signing on to the "First Job"
Recruiting and Hiring Compact. Upon motion the documents were received, filed and
approved.
16. Dubuque Racing Association Request to Refinance Existing DRA Loan: City
Manager recommending approval of a request from Dubuque Racing Association Pres-
ident and CEO Jesus Aviles to refinance the loan obligations coming due December 1,
2016. Upon motion the documents were received, filed and approved.
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17. Alcohol Compliance Civil Penalty for Alcohol License Holder — Easy Street: City
Manager recommending approval of the Acknowledgment/Settlement Agreement for an
alcohol compliance violation for Easy Street, 30 Main Street. Upon motion the docu-
ments were received, filed and approved.
18. Alcohol Compliance Civil Penalty for Alcohol License Holder — Holiday Inn Dubu-
que Five Flags: City Manager recommending approval of the Acknowledg-
ment/Settlement Agreement for an alcohol compliance violation for Holiday Inn Dubu-
que Five Flags, 450 Main Street. Upon motion the documents were received, filed and
approved.
19. 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. 343-16 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. 343-16
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:
Carlos O'Kelly's Mexican Cafe
Dog House Lounge
Europa Haus Restaurant
and Bierstube
Grand Tap The
1355 Associates Dr.
1646 Asbury Rd.
1301 Rhomberg Ave.
802 Central Ave.
Class C Liquor (Catering)
(Outdoor) (Sunday)
Class C Liquor (Outdoor)
(Sunday)
Class C Liquor (Catering)
Class C Liquor (Sunday)
Huhot Mongolian Grill
Hy -Vee Gas #2 Dubuque
555 J.F. Kennedy Rd
#685
2435 NW Arterial
Special Class C Liquor (Sun-
day)
Class C Beer, Class B Native
Wine (Sunday)
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L. May
Loras College —
Athletic and Wellness Center
1072 Main St.
1450 Alta Vista St.
Class C Liquor , Class B Wine
(Catering) (Outdoor) (Sunday)
Class C Liquor (Catering)
(Outdoor) (Sunday)
Passed, approved and adopted this 3rd day of October 2016.
Attest: Kevin S. Firnstahl, 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. Building Code and Advisory Appeals Board: One, 3 -year term through August 1,
2019 (Vacant term of Kolf, Architect/Engineer Representative). Applicant: Benjamin
Beard (Qualifies as Architect/Engineer Representative).
2. Community Development Advisory Commission: One, 3 -year term through Febru-
ary 15, 2017 (Vacant term of Craddieth, Low/Moderate Income Area Representative).
Applicant: Sara Burley, 2622 Broadway St. (Qualifies as LMI Representative). Ms. Bur-
ley spoke in support of her appointment.
PUBLIC HEARINGS
1. Opening Doors - Partial Release of Mortgages: Proof of publication for notice of
public hearing to consider the partial release of three mortgages granted by Opening
Doors to the City of Dubuque and the City Manager recommending approval. Motion by
Connors to receive and file the documents and adopt Resolution No. 344-16 Resolution
of Intent to dispose of an interest in real estate by Partial Release of certain mortgages
granted by Opening Doors to the City of Dubuque, Iowa. Seconded by Lynch. Motion
carried 7-0.
RESOLUTION NO. 344-16
DISPOSING OF AN INTEREST IN REAL ESTATE BY PARTIAL RELEASE OF CER-
TAIN MORTGAGES GRANTED BY OPENING DOORS TO THE CITY OF DUBUQUE,
IOWA
Whereas, Opening Doors, an Iowa nonprofit corporation, is the owner of Lot 2 of City
Lot 493 in the City of Dubuque, Iowa; and
Whereas, on November 22, 2011 Opening Doors granted to the City of Dubuque
mortgages on City Lot 493 in the City of Dubuque, Iowa recorded as Instrument Nos.
2012-1350, 2012-1352, and 2012-1353 (the "Mortgages"). The Mortgages contained an
incorrect legal description as Opening Doors owned only Lot 2 of City Lot 493 and not
the balance of City Lot 493 (Lots 1 and 3 of City Lot 493); and
Whereas, Opening Doors and Jackson Street School, LLC the owner of Lots 1 and 3
of City Lot 493, have requested that the Mortgages be released as to Lots 1 and 3; and
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Whereas, on September 19, 2016, the City Council pursuant to notice published as
required by law held a public hearing on its intent to dispose of the foregoing interest in
property by release of the Mortgages and overruled all objections thereto; and
Whereas, the City Council finds that it is in the best interest of the City to approve the
release of the Mortgages.
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 the Partial
Release of Mortgages disposing of the City's interest in real estate granted by Opening
Doors to the City of Dubuque, Iowa.
Section 2. The Mayor is hereby authorized and directed to execute the Partial Re-
lease of Mortgages.
Passed, approved and adopted this 3rd day of October, 2016.
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Roy D. Buol, Mayor
Brenda Wickham, 1779 Chaney Road, addressed the City Council regarding her de-
sire to allow dogs in Flora Park.
ACTION ITEMS
1. Dubuque Regional Airport Parking Lot Repair Project 2016 Award: City Manager
recommending award of the construction contract for the Dubuque Airport Parking Lot
Repair Project 2016 to the low bidder Tom Kueter Construction Co., Inc. Motion by
Lynch to receive and file the documents and adopt Resolution No. 345-16 Awarding the
public improvement contract for the Dubuque Airport Parking Lot Repair Project 2016.
Seconded by Jones. Motion carried 7-0.
RESOLUTION NO. 345-16
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE DUBUQUE AIRPORT
PARKING LOT REPAIR PROJECT 2016
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Whereas, sealed proposals have been submitted by contractors for the Dubuque Air-
port Parking Lot Repair Project 2016, (the Project) pursuant to Resolution No. 315-16
and Notice to Bidders published in the Master Builders of Iowa Plan Room on the 12th
day of September, 2016.
Whereas, said sealed proposals were opened and read on the 26th day of Septem-
ber, 2016 and it has been determined that Tom Kueter Construction Co. Inc. of Peosta,
Iowa with a bid in the amount of $76,587.60 is the lowest responsive, responsible bidder
for the Project.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
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That a Public Improvement Contract for the Project is hereby awarded to Tom Kueter
Construction Co., Inc. and the City Manager is hereby directed to execute a Public Im-
provement Contract on behalf of the City of Dubuque for the Project.
Passed, adopted and approved this 3rd day of October, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. NW Arterial / Chavenelle Road Left Turn Lane Improvement Project Award: City
Manager recommending award of the construction contract for the NW Arterial / Cha-
venelle Road Turn Lane Improvement Project to the low bidder Eastern Iowa Excavat-
ing & Concrete, LLC. Motion by Lynch to receive and file the documents and adopt
Resolution No. 346-16 Awarding the public improvement contract for the Northwest Ar-
terial / Chavenelle Intersection Left Turn Lane Improvement Project (Iowa DOT Project
No. UST -032-1(49)--4A-31). Seconded by Rios. Responding to questions from the City
Council, City Engineer Gus Psihoyos stated that he will inquire about the impact on the
left turn lane from eastbound Hwy 20 onto northbound NW Arterial during the detour pe-
riod. Motion carried 7-0.
RESOLUTION NO. 346-16
AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE NORTHWEST ARTE-
RIAL / CHAVENELLE INTERSECTION LEFT TURN LANE IMPROVEMENTS PRO-
JECT; IOWA DOT PROJECT NO. UST -032-1(49)-4A-31
Whereas, sealed bid proposals have been submitted and received by contractors for
the Northwest Arterial / Chavenelle Intersection Left Turn Lane Improvements Project,
(the Project) pursuant to Resolution No. 313-16 and Notice to Bidders published in a
newspaper published in the City of Dubuque, Iowa on the 14th day of September, 2016;
and
Whereas, said sealed bid proposals were opened and read on the 27th day of Sep-
tember, 2016 and it has been determined that Eastern Iowa Excavating & Concrete,
LLC of Cascade, Iowa, with a bid in the amount of $169,053.83 is the lowest respon-
sive, responsible bidder for the Project; and
Whereas, the Iowa Department of Transportation will cover 55% of eligible construc-
tion costs using U -STEP funding, up to a maximum of $200,000, and the City would be
responsible for 45% as local match in addition to engineering design and construction
administration related costs.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That a Public Improvement Contract for the Project is hereby awarded to Eastern Io-
wa Excavating & Concrete, LLC and the City Manager is hereby directed to execute a
Public Improvement Contract on behalf of the City of Dubuque for the Project.
Passed, approved and adopted this 3rd day of October, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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3. Park and Recreation Advisory Commission - Request to Change Washington Park
Landscape Mode for Pest Management: Park and Recreation Advisory Commission
recommending changing Washington Park from a "Mode 1" to a "Mode 2" Landscape in
the Integrated Pest Management Program (IPM). Motion by Connors to receive and file
the documents and approve the recommendation. Seconded by Jones. Motion carried
4-3 with Resnick, Del Toro and Buol voting nay. During discussion, Leisure Services
Manager Marie Ware responded to questions from the City Council regarding the im-
pact on staffing with increased hand work and line trimming and the appearance of
green space in and around parks and playground equipment that are no longer chemi-
cally maintained, increased public signage and education; and receipt of public com-
ment.
4. Park and Recreation Advisory Commission - Fiscal Year 2018 Budget Priority List:
Park and Recreation Advisory Commission submitting its Fiscal Year 2018 Budget Pri-
orities for City Council consideration. Motion by Jones to receive and file. Seconded by
Rios. City Council determined that this information will be considered through the Fiscal
Year 2018 budget process. Motion carried 7-0.
5. Arts and Cultural Affairs Advisory Commission Master Plan Recommendation: The
Arts and Cultural Affairs Advisory Commission recommending the acceptance of the
Arts and Cultural Master Plan as submitted by Lord Cultural Resources. Motion by Con-
nors to receive and file the documents and approve the recommendation. Seconded by
Jones. Motion carried 6-1 with Resnick voting nay. Arts Coordinator Debra Alleyne, Arts
Commission members Sue Reidel and David Schmitz provided a slide presentation
about the purpose, planning and process in developing the Arts and Culture Master
Plan including: defined goals, priorities and strategies, promotion and support, policies
and recommendations, and next steps. During discussion, the presenters responded to
questions from the City Council regarding concerns over adding additional bureaucracy
and staff, commission term limits, and changing the current successful process. City
Manager Van Milligen stated that the recommendations come from the Commission and
do not increase his level of authority adding that the recommendations outlined in the
plan would come back to the Council for discussion and final approval.
6. Request for Work Session - Comprehensive Plan Quarterly Update: City Manager
recommending the City Council schedule a work session on November 14, 2016 at 6:00
p.m. for the first quarterly update for Imagine Dubuque, the new City of Dubuque Com-
prehensive Plan. Motion by Jones to receive and file the documents and schedule the
work session as recommended. Seconded by Connors. Motion carried 7-0.
7. Request for Work Session - Source of Income Report: City Manager recommend-
ing the City Council schedule a work session for November 28, 2016, at 6:00 p.m. for
the Source of Income Committee to present their report. Motion by Jones to receive and
file the documents and schedule the work session as recommended. Seconded by
Connors. Motion carried 7-0.
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COUNCIL MEMBER REPORTS
Council Member Jones reported on the City receiving the 2016 Dubuque Main Street
People's Choice Impact Award for the Historic Millwork District.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:59 p.m. to discuss pending litiga-
tion and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Second-
ed by Connors. Mayor Buol stated for the record that the attorney who will consult with
the City Council on issues to be discussed in closed session is City Attorney Crenna
Brumwell. Motion carried 7-0.
Upon motion the City Council reconvened in open session at 8:51 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:52 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
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