1 4 16 City Council Proceedings Official_Regular1
OFFICIAL CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on January 4, 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 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. Swearing-In of Council Members-Elect and Mayor Pro-Tem: Mayor Buol adminis-
tered the Oath of Office to Council Members-Elect David Resnick (At-Large), Luis Del
Toro (Ward 2), Jake Rios (Ward 4), and Mayor Pro-Tem Ric Jones.
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: City Council Minutes of 12/21/15; Library Board of
Trustees Update of 12/17/15; Proof of Publication for City Council Proceedings of
12/7/15, 12/14/15; Proof of Publication for List of Claims and Summary of Revenues
Month Ending 11/31/15. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Ronald McDonald for property damage. Upon motion
the documents were received, filed and referred to the City Attorney.
3. Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Ronald McDonald for property damage. Upon motion the documents
were received, filed and concurred.
4. Dubuque Convention and Visitors Bureau Annual Report: City Manager transmit-
ting the Dubuque Convention and Visitors Bureau's Annual Report for Fiscal Year 2015.
Upon motion the documents were received and filed.
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5. Accepting the Permanent Easement for Sanitary Sewer at 11885 Miners Lane:
City Manager recommending acceptance of a permanent easement for sanitary sewer
from Jeffrey, Sandra and Howard Arensdorf over property at 11885 Miners Lane in
Dubuque County. Upon motion the documents were received and filed and Resolution
No. 1-16 Accepting a Grant of Permanent Easement for Sanitary Sewer through, over
and across part of Lot 2-2 Ohmert Farms in the County of Dubuque, Iowa was adopted.
RESOLUTION NO. 1-16
ACCEPTING A GRANT OF PERMANENT EASEMENT FOR SANITARY SEWER
THROUGH, OVER AND ACROSS PART OF LOT 2-2 OHMERT FARMS IN THE
COUNTY OF DUBUQUE, IOWA
Whereas, Jeffrey, Sandra L. and Howard W. Arensdorf have executed a Permanent
Easement for Sanitary Sewer through, over and across Part of Lot 2-2 Ohmert Farms in
the County of Dubuque, 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 2-2 Ohmert Farms in the County of Dubuque, Iowa from Jef-
frey, Sandra L. and Howard W. Arensdorf, 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 4th day of January, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
6. Accepting the Fire Station #4 Driveway and Sidewalk Replacement Project: City
Manager recommending acceptance of the construction contract for the Fire Station #4
Driveway and Sidewalk Replacement Project, as completed by Midwest Concrete Inc.
Upon motion the documents were received and filed and Resolution No. 2-16 Accepting
the Fire Station #4 Driveway and Sidewalk Replacement Project and authorizing the
payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 2-16
ACCEPTING THE FIRE STATION #4 DRIVEWAY AND SIDEWALK REPLACEMENT
PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO
THE CONTRACTOR
Whereas, the Public Improvement Contract for the Fire Station #4 Driveway and
Sidewalk Replacement Project (the Project) has been completed and the City Engineer
has examined the work and filed a certificate stating that the Project has been complet-
ed according to the terms of the Public Improvement Contract and that the City Engi-
neer recommends that the Project be accepted.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
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Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Driveway Replacements and City Catch Basin & Curbing appropriations for the contract
amount of $23,670.08, less any retained percentage provided for therein as provided in
Iowa Code chapter 573, and to pay such retainage only in accordance with the provi-
sions of Iowa Code chapter 573.
Passed, approved and adopted this 4th day of January, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE FIRE STATION
#4 DRIVEWAY AND SIDEWALK REPLACEMENT PROJECT
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Fire Station #4 Driveway and Sidewalk Replacement Project, that the
Project has been performed in compliance with the terms of the Public Improvement
Contract, and that the total cost of the completed work is $27,220.59.
Dated this _____ day of _________, 2015.
/s/ Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the _____ day of _________, 2015.
/s/Kevin Firnstahl, City Clerk
7. Civil Service Commission: Civil Service Commission submitting the Certified List
for Fire Department’s promotional positions of Fire Equipment Operator and Medical Of-
ficer. Upon motion the documents were received, filed and made a Matter of Record.
December 7, 2015
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, an examination for the positions
of Fire Equipment Operator and Medical Officer were administered on November 4-5,
2015. We hereby certify that the individuals listed below have passed these written ex-
aminations and the vacancy for these positions should be made from this list and that
this list is good for two (2) years from above date.
Fire Equipment Operator
1.Kyle Mueller
2.Robert Klaren
3.Douglas Merkes
4.Adam Kahler
5.Ryan Kieffer
6.Michael Kuhn
7.Timothy Griebel
Medical Officer
1.Samuel Janecke
Respectfully submitted,
/s/ Daniel White, Chairperson
Civil Service Commission
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8. Potter vs. City of Dubuque: City Attorney recommending approval of the Partial
Dismissal and Release in the suit of Suzanne Potter vs. the City of Dubuque et al. Upon
motion the documents were received, filed and approved.
9. Loras College/Great Lakes Career Ready Internship Grant Program – Cost-
Effective Intern Opportunity: City Manager recommending approval to employ three in-
terns between the City Manager’s Office and the Economic Development using the
Great Lakes Career Ready Internship Grant Program through Loras College. Upon mo-
tion the documents were received, filed and approved.
10. Mediacom Communications Company: Correspondence from Lee Grassley, Sen-
ior Government Relations Manager for Mediacom Communications Company advising
the City of rate adjustments and programming changes effective on or about January 17
through February 7, 2016. Upon motion the documents were received and filed.
11. Code of Ordinances - Adoption of Supplement No. 20: City Clerk recommending
adoption of Supplement No. 20 to the City of Dubuque Code of Ordinances. Upon mo-
tion the documents were received and filed and Resolution No. 3-16 Adopting Supple-
ment No. 20 to the Code of Ordinances of the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 3-16
ADOPTING SUPPLEMENT NO. 20 TO THE CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA
Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance
No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entire-
ty; and
Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code of Ordinances and said amendments
have been printed as supplements to the Code of Ordinances; and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolu-
tion, become part of the Code of Ordinances.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 20 of the Code of Ordinances of the City of Dubu-
que, Iowa, covering Ordinance Nos. 53-15, 54-15, 56-15, 57-15, 61-15, 62-15, 66-15,
67-15, 69-15 and code change as adopted by the City Council through November 2,
2015, prepared by the Sterling Codifiers, Inc., and filed in the Office of the City Clerk of
the City of Dubuque, Iowa is hereby adopted and becomes part of the Code of Ordi-
nances of the City of Dubuque, Iowa.
Passed, approved and adopted this 4th day of January, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
12. Assistance to Firefighters Grant Application: City Manager recommending ap-
proval to submit an Assistance to Firefighters Grant application to purchase two training
manikins for EMS skills practice. Upon motion the documents were received, filed and
approved.
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13. Public Health Preparedness Intern: City Manager recommending approval to hire
an intern in the Health Services Department to work on a NIMS-compliant local invento-
ry of assets and resources available for emergency response and mutual aid requests
using Public Health Emergency Preparedness grant funds through the Dubuque County
Health Department. Upon motion the documents were received, filed and approved.
14. National League of Cities – Financial Inclusion Technical Assistance Project: City
Manager recommending the City partner with the Community Foundation of Greater
Dubuque on an application to the National League of Cities Financial Inclusion Tech-
nical Assistance Project. Upon motion the documents were received, filed and ap-
proved.
15. Alcohol and Tobacco License Applications: City Manager recommending approv-
al of annual liquor, beer, wine and tobacco license applications as submitted. Upon mo-
tion the documents were received and filed and Resolution No. 4-16 Approving applica-
tions for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordi-
nances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B
Liquor, Beer and Wine Licenses and Permits; and Resolution No. 5-16 Approving appli-
cations for retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa
Code 453A.47A were adopted.
RESOLUTION NO. 4-16
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
Awn Stop mart, 1998 Jackson St., Class C Beer (Sunday)
Baymont Inn & Suites, 4025 Mc Donald Dr., Class B Liquor (Outdoor) (Sunday)
Champs Americna/Best Western, 3100 Dodge St., Class B Liquor (Catering) (Outdoor)
(Sunday)
Hy-Vee Club Room, 400 S. Locust St., Special Class C Liquor (Sunday)
Maggo's Pizza, 1875 University Ave., Special Class C Liquor (Sunday)
Passed, approved and adopted this 4th day of January, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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RESOLUTION NO. 5-16
APPROVING APPLICATIONS FOR RETAIL CIGARETTE / TOBACCO SALES / NIC-
OTINE / VAPOR PERMITS, 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.
New
Casey’s General Store, 1072 Cedar Cross
Clear View Vapes, 3080 Cedar Crest Ct.
Passed, approved and adopted this 4th day of January 4, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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 Connors. Motion carried 7-0.
1. Roasting Solutions, LLC - Development Agreement / Acquisition: City Manager
recommending the City Council set a public hearing for January 19, 2016 to approve the
Development Agreement between the City of Dubuque and Roasting Solutions, LLC for
the acquisition of 12.03 acres and a $3.2 million capital investment in a new 34,000
square-foot facility employing 17 full-time equivalent positions in the Dubuque Industrial
Center South. Upon motion the documents were received and filed and Resolution No.
6-16 Intent to dispose of an interest in City of Dubuque real estate pursuant to a Devel-
opment Agreement between the City of Dubuque and Roasting Solutions, LLC and fix-
ing the date for a public hearing of the City Council of the City of Dubuque, Iowa on the
proposed issuance of Urban Renewal Tax Increment Revenue Grant Obligations and
providing for the publication of notice thereof was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on January 19, 2016 in the Historic Federal Building.
RESOLUTION NO. 6-16
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE
PURSUANT TO A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF DUBU-
QUE AND ROASTING SOLUTIONS, LLC AND FIXING THE DATE FOR A PUBLIC
HEARING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA ON THE
PROPOSED ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE
GRANT OBLIGATIONS AND PROVIDING FOR THE PUBLICATION OF NOTICE
THEREOF
Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property
(the Property);
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Lot 1 of Dubuque Industrial Center South Second Addition in the City of Dubuque,
Iowa; and
Whereas, City and Roasting Solutions, LLC have entered into a Development
Agreement, subject to the approval of the City Council, pursuant to which City will con-
vey the Property to Roasting Solutions, LLC, and Roasting Solutions, LLC will construct
on the Property certain Improvements described in the Development Agreement; and
Whereas, the City Council has tentatively determined that it would be in the best in-
terests of City to approve the Development Agreement, including the conveyance of the
Property to Roasting Solutions, LLC; and
Whereas, the Development Agreement provides for the issuance by City of economic
development grants to Roasting Solutions, LLC, referred to therein as Urban Renewal
Tax Increment Revenue Grant Obligations, payable from the tax increment revenues
collected in respect of the Improvements to be constructed by Roasting Solutions, LLC
in accordance with the Development Agreement, for the purpose of carrying out the ob-
jectives of an Urban Renewal Plan as hereinafter described; and
Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa
requires that the City Clerk publish a notice of the proposal and of the time and place of
the meeting at which the City Council proposes to take action thereon and at which
meeting the City Council shall receive oral and/or written objections from any resident or
property owner of said City to such proposed action.
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 foregoing-
described Property by Deed to Roasting Solutions, LLC pursuant to the proposed De-
velopment Agreement.
Section 2. The City Clerk is hereby authorized and directed to cause this Resolution
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 foregoing-described Property, to be held on
the 19th day of January, 2016 at 6:30 p.m. in the City Council Chambers at the Historic
Federal Building, 350 W. 6th Street, Dubuque, Iowa.
Section 3. The City Council will also meet at said time and place for the purpose of
taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obli-
gations and the execution of the Development Agreement relating thereto with Roasting
Solutions, LLC, the proceeds of which obligations will be used to carry out certain of the
special financing activities described in the Urban Renewal Plan for the Dubuque Indus-
trial Center Economic Development District, consisting of the funding of economic de-
velopment grants to Roasting Solutions, LLC pursuant to the Development Agreement
under the terms and conditions of said Urban Renewal Plan. It is expected that the ag-
gregate amount of the Tax Increment Revenue obligations will be approximately
$950,000.
Section 4. The City Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a newspaper, printed wholly in the English lan-
guage, published at least once weekly, and having general circulation in said City, said
publication to be not less than four days nor more than twenty days before the date of
said meeting on the disposal of the City’s interest in the Property and the issuance of
said obligations.
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Section 5. That the notice of the proposed action shall be in substantially the form at-
tached hereto.
Passed, approved and adopted this 4th day of January, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
2. Intent to Dispose of Property - 2300 Jackson Street: City Manager recommending
the City Council set a public hearing for January 19, 2016, for the purpose of disposing
of City-owned real estate at 2300 Jackson Street to Tami M. Paisley. Upon motion the
documents were received and filed and Resolution No. 7-16 Intent to dispose of an in-
terest in City of Dubuque real estate, setting a time and place for a hearing and provid-
ing for the publication of notice thereof was adopted setting a public hearing for a meet-
ing to commence at 6:30 p.m. on January 19, 2016 in the Historic Federal Building.
RESOLUTION NO. 7-16
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE,
SETTING A TIME AND PLACE FOR HEARING AND PROVIDING FOR THE PUBLI-
CATION OF NOTICE THEREOF
Whereas, the City of Dubuque has obtained certain real property in connection with
the Washington Neighborhood Revitalize Project; and for purpose of its acquisition, re-
habilitation and re-sale for owner-occupied housing; and
Whereas, the City received an offer to purchase this property from Tami M. Paisley;
and
Whereas, such purpose supports the Neighborhood Stabilization Program and Wash-
ington Neighborhood Revitalization strategy as approved by the City Council; and
Whereas, by accepting the selected offer the City’s objectives of providing home-
ownership to an income-qualified buyer and rehabilitation of a vacated home can be re-
alized.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa, intends to dispose of its interest in the fol-
lowing legally-described property:
Lot 2 of Lot 63 in L.H. Langworthy’s Addition in the City of Dubuque, Iowa, accord-
ing to the recorded plat thereof – 2300 Jackson Street.
Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the
above described real estate to Tami M. Paisley for the sum of $110,000;
Section 3. 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 foregoing-described Property, to be held on
the 19th day of January, 2016, at 6:30 o’clock p.m. at the Historic Federal Building, 350
West 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 4th day of January, 2016.
Roy D Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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BOARDS/COMMISSIONS
City Council reviewed applications to the following Boards/Commissions.
1. Housing Code Appeals Board (Review): One, 3-year term through January 11,
2019 (Expiring term of White); and one, 3-year term through January 11, 2018 (Vacant
term of Miller); Applicants: Robert Schaub, 1745 Embassy West; and Ron White, 3197
Highland Park Dr.
2. Human Rights Commission (Review): Three, 3-year terms through January 1,
2019 (Expiring terms of Fisher, LoGuidice and Stone). Applicants: Sara Fisher, 3045
Kaufmann Ave.; Angela Jones, 2413 Pearl St.; Adrienne Scott, 1365 Solon St.; and
R.R.S. Stewart, 460 Summit St.
Appointment was made to the following Board.
3. Electrical Code Board (Appointment): One, 3-year term through May 21, 2017 (Va-
cant Electrical background term of Reiss). Applicant: Zach Dowell, 2055 Winne Ct. Mo-
tion by Jones to appoint Mr. Dowell to the remainder of a 3-year term through May 21,
2017. Seconded by Resnick. Motion carried 7-0.
ACTION ITEMS
1. Budget and Fiscal Policy Guidelines Fiscal Year 2017: City Manager recommend-
ing adoption of the Fiscal Year 2017 Budget Policy Guidelines. Motion by Jones to re-
ceive and file the documents and approve the Policy Guidelines as recommended. Se-
conded by Connors. During considerable discussion by the City Council, City Manager
Van Milligen and Budget Director Jennifer Larson responded to questions about the
recommended property tax increase and the impact on residential, commercial, indus-
trial and multi-residential property tax classes. The motion failed 3-4 with Lynch, Del To-
ro, Resnick and Rios voting nay.
Motion by Lynch to receive and file the documents and direct staff refigure the Guide-
lines with reducing the property tax increase for residential property to no more than
1.5% and commercial property to no more than 9.5%. Seconded by Resnick. Mayor
Buol asked that staff provide information on specific programs and areas considered for
cuts and reminded Council that these are only guidelines. Motion carried 5-2 with Del
Toro and Connors voting nay.
2. Mayor and City Council Appointments to Boards and Commissions: Review of
Mayor and City Council appointments to various boards and commissions. Communica-
tion from David Barnes, Executive Director of Operation: New View Community Action
Agency requesting confirmation of Council representatives for 2016. Motion by Connors
to receive and file the documents and accept the changes discussed. The City Clerk will
obtain additional information related to board membership on the Operation New View
Board, the Four Mounds Foundation Board, and the Dubuque County Early Childhood
Board and will communicate with the effected Council Members for confirmation. Motion
carried 7-0.
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COUNCIL MEMBER REPORTS
Council Member Jones reported on the opening of the Special Olympics to take place
at 6:00 p.m. on January 11, 2016 at the Grand River Center.
Council Member Del Toro thanked the citizens of Dubuque for their support through
last November’s election and that he looks forward to working with his City Council col-
leagues.
There being no further business, upon motion the City Council adjourned at 7:47 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk