12 17 18 City Council AgendaROLL CALL ORDER FOR MEETING OF
December 17, 2018
Del Toro, Resnick, Shaw, Jones, Rios, Buol, Larson
CITY OF DUBUQUE, IOWA
CITY COUNCIL MEETING
Historic Federal Building
350 W. 6th Street
December 17, 2018
Council meetings are video streamed live and archived at
www.cityofdubuque.org/media and on Dubuque's CityChannel on the Mediacom cable
system at cable channel 8 and digital 117.2
WORK SESSION
1.5:30 PM Crime Prevention Efforts
Police Chief Mark Dalsing will present information on the crime prevention efforts by the
Dubuque Police Department.
REGULAR SESSION
6:00 PM
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
1.Dubuque Main Street 2018 Committee Member of the Year Recognition of Denette
Kellogg.
Dubuque Main Street Executive Director Dan LoBianco will present the 2018
Committee Member of the Year award to Library Administrative Assistant Denette
Kellogg.
CONSENT ITEMS
The consent agenda items are considered to be routine and non-controversial and all
consent items will be normally voted upon in a single motion without any separate discussion
on a particular item. If you would like to discuss one of the Consent Items, please go to the
microphone and be recognized by the Mayor and state the item you would like removed from
the Consent Agenda for separate discussion and consideration.
1.Minutes and Reports Submitted
Cable TV Commission of 12/5; City Council Proceedings of 12/3; Community Development
Advisory Commission of 10/17, 11/28; Five Flags Civic Center Advisory Commission of 11/26;
Historic Preservation Commission of 11/5; Housing Commission of 11/27; Human Rights
Commission of 11/5; Library Board of Trustees Council Update #177 of 11/29; Long Range
Planning Advisory Commission of 11/13; Park and Recreation Advisory Commission of 11/13;
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Zoning Advisory Commission of 12/5; Zoning Board of Adjustment of 11/15; Proof of Publication
for City Council Proceedings of 11/5, 11/19; Proof of Publication for List of Claim and Summary of
Revenues for Month Ending 10/31.
Suggested Disposition: Receive and File
2.Notice of Claims and Suits
Giese Sheet Metal Co., Inc. for property damage.
Suggested Disposition: Receive and File; Refer to 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 Assurance Pool: Giese Sheet Metal Co., Inc. for
property damage.
Suggested Disposition: Receive and File; Concur
4.Approval of City Expenditures
City Manager recommending Council approval for payment of City expenditures.
RESOLUTION Authorizing the Finance Director-City Treasurer to make certain payments of bills
that must be paid and approved for payment in accordance with City procedures
Suggested Disposition: Receive and File; Adopt Resolution(s)
5.Legal Aid Fair Housing Initiatives Grant
City Manager recommending approval to submit a letter in support of Iowa Legal Aid’s Fair
Housing Initiative Program grant application.
Suggested Disposition: Receive and File; Approve
6.Certified Local Government (CLG) Grant Agreement for 2020 Preserve Iowa
Summit
City Manager recommending approval of a Certified Local Government (CLG) Program Grant
Agreement for the City of Dubuque to host the 2020 Preserve Iowa Summit.
RESOLUTION Authorizing CLG Grant Agreement with State Historic Preservation Office to host
the Preserve Iowa Summit
Suggested Disposition: Receive and File; Adopt Resolution(s)
7.Certified Local Government (CLG) Grant Agreement for Four Mounds
Preservation Planning
City Manager recommending approval of a Certified Local Government (CLG) Program Grant
Agreement for preservation planning at Four Mounds Park.
RESOLUTION Authorizing CLG Grant Agreement with State Historic Preservation Office for Four
Mounds.
Suggested Disposition: Receive and File; Adopt Resolution(s)
8.Consultant Recommendation for Chaplain Schmitt Veteran's Memorial Project
City Manager recommending approval giving authorization to the City Manager to negotiate the
final terms of an agreement with RDG and to execute a contract for design, engineering and
construction administration services for the Chaplain Schmitt Veteran’s Project.
Suggested Disposition: Receive and File; Approve
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9.Dubuque Board of Realtors Agreement
City Manager recommending approval of a three-year Agreement between the City of Dubuque’s
Housing and Community Development Department and the Dubuque Board of Realtors to list
City-owned properties.
Suggested Disposition: Receive and File; Approve
10.Cotthingham & Butler Amendment to IEDA Contract
City Manager recommending approval of a resolution authorizing an amendment to Contract 18-
DF-TC-020 by and among Cottingham & Butler Insurance Services, Inc., the City of Dubuque,
and the Iowa Economic Development Authority (IEDA).
RESOLUTION Approving an Amendment to the Economic Development Financial Assistant
Contract by and among Cottingham & Butler Insurance Services, Inc., the City of Dubuque, Iowa
and the Iowa Economic Development Authority
Suggested Disposition: Receive and File; Adopt Resolution(s)
11.Resource Enhancement and Protection (REAP)Grant Agreement for Four Mounds
Park Ecological Restoration for Fiscal Year 2019
City Manager recommending approval of an Iowa Department of Natural Resources Resource
Enhancement and Protection (REAP) Grant Agreement for the Four Mounds Park Ecological
Restoration Project.
RESOLUTION Authorizing CLG Grant Agreement with IDNR for Four Mounds Ecological
Restoration
Suggested Disposition: Receive and File; Adopt Resolution(s)
12.Tree City USA Application
City Manager recommending approval to submit an application for Dubuque to become recertified
as a Tree City USA.
Suggested Disposition: Receive and File; Approve
13.Sustainable Dubuque Community Grants Recommendation Part 2
City Manager recommending approval of the Resilient Community Advisory Commission's
recommendation for funding the Winter Farmer's Market from the Sustainable Dubuque
Community Grant Program.
Suggested Disposition: Receive and File; Approve
14.U.S. Army Corps of Engineers Planning Assistance to States - Agreement for
Watershed Plan Development
City Manager recommending authorization for the Mayor to execute the agreement with the U.S.
Army Corps of Engineers, (USACE) in order for the USACE to provide riverfront planning and
watershed management plan update and development.
Suggested Disposition: Receive and File; Approve
15.Urban Sustainability Directors Network (USDN) Equity Diversity and Inclusion
(EDI) Fellowship
City Manager recommending approval of a funding request to the Urban Sustainability Director’s
Network Grant Program for the Equity, Diversity and Inclusion Fellowship Program.
Suggested Disposition: Receive and File; Approve
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16.Workers' Compensation Claims Administrative Services Agreement Addendum
City Manager recommending approval of an Addendum to the Agreement between the City of
Dubuque and Alternative Service Concepts for services related to the administration of the City’s
Workers' Compensation Program.
Suggested Disposition: Receive and File; Approve
17.Request for Proposals for the Third-Party Administration of the Self-Funded
Workers' Compensation Program
City Manager recommending approval to enter into an agreement with Arthur J. Gallagher Risk
Management Services, Inc. to review and analyze the proposals for third-party administration of
the City’s self-funded workers' compensation program.
Suggested Disposition: Receive and File; Approve
18.FDA Five-Year Food Information Sharing Agreement
City Manager recommending approval to execute the FDA Five-Year, Single-Signature, Long-
Term Food Information Sharing Agreement for sharing non-public food information.
Suggested Disposition: Receive and File; Approve
19.Plat of Survey for Cedar Lake East Thirteenth Addition
Zoning Advisory Commission recommending approval of the Plat of Survey of Lot 1 and Lot 2 of
Cedar Lake - East Thirteenth Addition, locally known as 3271 North Cedar Court, subject to
waiving the lot frontage requirement for Lot 2.
RESOLUTION Approving the Plat of Survey of Lot 1 and Lot 2 of Cedar Lake - East Thirteenth
Addition in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
20.Acceptance of the Clarke Drive and Locust Street Intersection Improvements
Project
City Manager recommending acceptance of the construction contract for the Clarke Drive and
Locust Street Intersection Improvement Project as completed by McDermott Excavating.
RESOLUTION Accepting the Clarke Drive and Locust Street Intersection Improvement Project
and authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
21.Mediacom Communications Company
Correspondence from Lee Grassley, Senior Manager of Government Relations for Mediacom
Communications Company, informing the City of rate adjustments being implemented on or about
January 1, 2019.
Suggested Disposition: Receive and File
22.Signed Contract(s)
Amendment to Staffing Agreement with Dubuque Initiatives; Revocable License with Premier
Bank Revocable License for Iowa St. Parkway. IIW, P.C. for DICW/McFadden Project
Engineering Services
Suggested Disposition: Receive and File
Changed
23.Improvement Contracts / Performance, Payment and Maintenance Bonds
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Temperley Excavating, Inc. for the 30th and Leibe Street Sanitary Sewer Reconstruction
Project; Tschiggfrie Excavating Co. for the Kerper Blvd. Sanitary Sewer Reconstruction Project
Suggested Disposition: Receive and File; Approve
24.Business License Refund
Request from Port of Dubuque Marina C-Store for a refund of the Liquor License No. BB0034433,
located at 450 East 3rd Street, due to business closing for the season.
Suggested Disposition: Receive and File; Approve
25.Alcohol License Applications
City Manager recommending approval of annual beer, liquor and wine licenses as submitted.
RESOLUTION Approving applications for beer, liquor, and/or wine permits, as required by City of
Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor
Control, Article B Liquor, Beer and Wine Licenses and Permits
Suggested Disposition: Receive and File; Adopt Resolution(s)
ITEMS SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date
indicated.
1.Historic Federal Building Roof Replacement Project (Initiation)
City Manager recommending preliminary approval of the construction plans and
specifications and establish January 7, 2019 as the date of the public hearing and
authorize the City Clerk to advertise for bid proposals for the Historic Building Roof
Restoration Project through the adoption of the resolution.
RESOLUTION Historic Federal Building - Roof Restoration Project
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for January 7, 2019
2.Amendment Residential Parking Permit District H
City Manager recommending that the City Council schedule a public hearing for
January 7, 2019, on the proposed amendment(s) to District H, which adds Keystone
Drive, both sides, from Phyllrich Drive to its westerly terminus and changes the parking
restriction to 7 AM to 3 PM. on school days only.
RESOLUTION Setting a public hearing on amending Residential Parking Permit District
H to include both sides of Keystone Drive from Key Way Drive to its westerly terminus
and to modify the day / time parking restrictions in District H
Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for January 7, 2019
3.Upper Bee Branch Creek Railroad Culvert Crossing Project
City Manager recommending initiation of the public bidding procedure for the Upper Bee
Branch Creek Railroad Culverts Project, and further recommends that a public hearing
be set for January 7, 2019.
RESOLUTION Preliminary approval of plans, specifications, form of contract, and
estimated costs; setting a date of public hearing on plans, specifications, form of
contract, and estimated cost; and ordering the advertisement for bids
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Suggested Disposition:
Receive and File; Adopt Resolution(s), Set Public Hearing for January 7, 2019
BOARDS/COMMISSIONS
1.Boards and Commission Appointments
Appointments to the following commissions to be made at this meeting.
Housing Board of Appeals
Two, 3-year terms through January 11, 2022 (Expiring terms of Spence and White)
Applicants:
Gil Spence, 975 Grove Terrace
Ron White, 3197 Highland Park Dr.
Human Rights Commission
Three, 3-year terms through January 1, 2022 (Expiring terms of Breitfelder, Hammel,
and Parks)
Applicants:
Adrienne Breitfelder, 1365 Solon St.
Gerald Hammel Jr., 1225 ½ Rhomberg Ave. (Additional Applicant)
Kathrin Parks, 486 Clarke Dr.
This commission is subject to the State of Iowa Gender Balance Law.
9 Commissioners total; currently 3 males/3 females/3 vacancies
Mediacom Charitable Foundation
One, 1-year term through December 31, 2019 (Expiring term of Chavenelle)
Applicant:
Gail Chavenelle, 1155 Kelly Lane
PUBLIC HEARINGS
Citizens are invited to address the City Council regarding the following agenda items.
Please come to the podium and state your name and address when the item you wish
to speak to is being considered.
1.DICW Urban Renewal Plan Amendment 2018.3 - Resolution of Adoption
Proof of publication on notice of public hearing to consider approval of the Amended
and Restated Urban Renewal Plan, Version 2018.3, for the Dubuque Industrial Center
Economic Development District, and the City Manager recommending approval.
RESOLUTION Approving the Amended and Restated Urban Renewal Plan, Version
2018.3, for the Dubuque Industrial Center Economic Development District
Suggested Disposition: Receive and File; Adopt Resolution(s)
2.Code of Ordinances Amendment Title 16 - Zoning Advisory Commission Voting
Quorum
Proof of publication for notice of public hearing to consider a request from the City of
Dubuque to Amend Unified Development Code (Zoning Ordinance) sections 16-9-1 (J)
(5), 16-9-5.2(8), 16-9-6.2(8), and 16-9-6.3(8) to modify voting requirements for the
Zoning Advisory Commission and the Zoning Advisory Commission recommending
approval.
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ORDINANCE Amending Title 16 Unified Development Code of the City Code of
Ordinances, by amending Section 16-9-1(J)(5), Section 16-9-5-2(B), Section 16-9-6-2
(B) and Section 16-9-6-3 to remove the requirement for a minimum of four affirmative
votes by the Zoning Advisory Commission for a recommendation of approval for
rezonings and text amendments
Suggested Disposition: Receive and File; Motion B; Motion A
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the City Council on the Action
Items on the agenda or on matters under the control of the City Council. Citizens are asked
to approach the podium and state their name and address before proceeding with their
comments. Individual remarks are limited to five minutes, and the overall Public Input period
is limited to 30 minutes. Under the Iowa Open Meetings Law, the City Council can take no
formal action on comments given during Public Input which do not relate to Action Items on
the Agenda.
ACTION ITEMS
These are items where discussion is held by the City Council - public comments are
not allowed except as authorized by the Mayor.
1.DICW Urban Renewal Plan Amendment 2018.3 - Ordinance
City Manager recommending approval of an ordinance amending the Tax Increment
Ordinance for the Dubuque Industrial Center Economic Development District as the
District’s boundaries were amended by Version 2018.3 of the Amended and Restated
Urban Renewal Plan.
ORDINANCE Amending Ordinance No. 18-18, Previously Amended, providing that
General Property Taxes Levied and collected each year on all property located within
the Amended and Restated Dubuque Industrial Center Economic Development District
Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and
for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque
Community School District, and other Taxing Districts, be paid to a special fund for
payment of principal and interest on loans, monies advanced to and indebtedness,
including Bonds issued or to be issued, incurred by said City in connection with the
Amended and Restated Dubuque Industrial Center Economic Development District
Urban Renewal Redevelopment Project
Suggested Disposition: Receive and File; Motion B; Motion A
2.Swiss Valley Urban Renewal Area - Termination Resolution
City Manager recommending approval of proceedings terminating the Swiss Valley
Economic Development District Urban Renewal Area and approving an ordinance
repealing any ordinances implementing tax increment financing in the District.
RESOLUTION Terminating the Urban Renewal Plan for the Swiss Valley Economic
Development District and Ending the Swiss Valley Economic Development District
Urban Renewal Area
Suggested Disposition: Receive and File; Adopt Resolution(s)
3.Swiss Valley Urban Renewal Area - Termination Ordinance
City Manager recommending approval of the resolution terminating the Urban Renewal
Plan for the Swiss Valley Economic Development District Urban Renewal Area and the
ordinance repealing any ordinances implementing tax increment financing in the
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District, as tax increment financing cannot continue in the District once the Urban
Renewal Plan for the District is terminated.
ORDINANCE Repealing Ordinance providing for the division of taxes levied on taxable
property in the Swiss Valley Economic Development District Urban Renewal Area, City
of Dubuque, Iowa, pursuant to Section 403.19 or the Code of Iowa ORDINANCE
Repealing Ordinances providing for the division of taxes levied on taxable property in
the Swiss Valley Economic Development District Urban Renewal Area, City of
Dubuque, Iowa, Pursuant to Section 403.19 of the Code of Iowa
Suggested Disposition: Receive and File; Motion B; Motion A
4.Peru Road Urban Renewal District - Ordinance
City Manager recommending approval of the ordinance repealing the TIF District for the
Peru Road Urban Renewal Area.
ORDINANCE Repealing Ordinance No. 45-17 Providing for the division of taxes on
taxable property in the Peru Road Economic Development District Urban Renewal
Area, City of Dubuque, Iowa pursuant to Section 403.19 of the Code of Iowa
Suggested Disposition: Receive and File; Motion B; Motion A
5.Peru Road Urban Renewal District - Resolution of Adoption
City Manager recommending approval of the Amended and Restated Urban Renewal
Plan for the Peru Road Urban Renewal Area.
RESOLUTION Approving the Amended and Restated Urban Renewal Plan for the Peru
Road Urban Renewal Area
Suggested Disposition: Receive and File; Adopt Resolution(s)
6.Comprehensive Annual Financial Report (CAFR) and Auditor's Communication
City Manager transmitting the Fiscal Year 2018 Comprehensive Annual Financial
Report (CAFR), Auditor’s Communication with Those Charged with Governance Letter,
along with the City Finance staff’s responses to the auditor’s findings.
There will be a presentation.
Suggested Disposition:
Receive and File; Presentation
7.Phase 2 Planning for an Expanded/Improved Five Flags Civic Center
City Manager is transmitting the Phase 2 Planning for an Expanded/Improved Five
Flags Civic Center.
The Consultants will make a presentation.
Suggested Disposition:
Receive and File; Presentation
8.Donation of Land Bordering Eagle Point Park Approval Added
Late
City Manager recommending acceptance of the donation of 11.57 acres of land from
the Jeffrey Deforest Davis Revocable Inter Vivos Trust as an addition to Eagle Point
Park and further recommends approval of a resolution and authorization for the City
Manager to execute an offer to buy real estate and the City Attorney’s Office be
authorized to complete necessary actions to complete the donation by year-end.
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RESOLUTION Accepting Deed to certain real estate in Dubuque County, Iowa from the
Jeffrey DeForest Davis Revocable Inter Vivos Trust
Suggested Disposition: Receive and File; Adopt Resolution(s)
9.Upper Bee Branch Culvert Crossing Project - Canadian Pacific Railroad Property
Acquisition
City Manager recommending adoption of resolutions approving the terms of the
Construction Agreement, Easement Agreements, and Environmental Right-of-Entry
Agreement related to the acquisition and use of easements through property owned by
Canadian Pacific Railway at 506 Garfield Avenue for the purpose of constructing and
maintaining the improvements associated with the Upper Bee Branch Creek Railroad
Culverts Project.
There will be a presentation.
RESOLUTION Accepting Grants of Easements through certain real property owned by
Canadian Pacific Railway in the City of Dubuque, Iowa for the Bee Branch Railroad
Culverts Project
RESOLUTION Approving the Construction Agreement and Environmental Right-of-Way
Agreement for the acquisition and use of easements through certain real property
owned by Canadian Pacific Railway in the City of Dubuque, Iowa for the Bee Branch
Railroad Culverts Project
Suggested Disposition:
Receive and File; Adopt Resolutions, Presentation
10.Budget and Fiscal Policy Guidelines for Fiscal Year 2020
City Manager recommending adoption of the Fiscal Year 2020 Budget Policy
Guidelines.
Suggested Disposition: Receive and File; Approve
COUNCIL MEMBER REPORTS
CLOSED SESSION
Pending Litigation and Real Estate Transfer Negotiations – Chapter 21.5(1)(c), -(j)
Code of Iowa
ADJOURNMENT
The agenda with supporting documents may be accessed at www.cityofdubuque.org or at the
City Clerk's Office, 50 W. 13th Street, during regular business hours.
This notice is given pursuant to Chapter 21, Code of Iowa, and applicable local regulations of
the City of Dubuque, Iowa and/or governmental body holding the meeting.
Any visual or hearing impaired persons needing special assistance or persons with special
accessibility needs should contact the City Clerk's Office at (563) 589-4100 or TTY/TTD (563)
690-6678.
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/s/Kevin S. Firnstahl, CMC
City Clerk