10 1 18 City Council Proceedings Official_Regular CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:00 p.m. on October 1 , 2018 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol (via telephone), Mayor Pro Tem Del Toro; Council Members
Jones, Larson, Resnick, Rios, Shaw; City Manager Van Milligen, City Attorney Brumwell
Mayor Pro Tem Del Toro 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 be-
fore the City Council.
PLEDGE OF ALLEGIANCE
PRESENTATION(S)
Mayor Pro Tem Del Toro thanked Kristina Castaneda and Nate Jenkins for providing
music prior to the start of the meeting in recognition of Arts and Humanities Month.
2. St. Columbkille's Elementary School Green Ribbon Schools Award: Assistant City
Manager Cori Burbach presented the U.S. Department of Education's Green Ribbon
Schools award to St. Columbkille's Elementary School. The award was accepted by
School Principal Barb Roling and school representatives.
3. Rising Star Award Presentation: Steve Fisher of TH Media and BizTimes presented
the Rising Star Award to Arts and Cultural Affairs Coordinator Debra Alleyne.
PROCLAMATION(S)
1. Crop Walk Day (October 7, 2018) was accepted by Reverend Father Dustin Lyon of
St. Elias the Prophet Church.
2. Lights on Afterschool Day (October 25, 2018) was accepted by Beth McGorry of St.
Mark Youth Enrichment.
3. Arts and Humanities Month (October 2018) was accepted by David Schmitz of the
Arts and Cultural Affairs Commission and the Dubuque Museum of Art, and Michael
Jelinske of St. Mark Youth Enrichment Art Smarts Program.
4. Trick-or-Treat Night (October 31, 2018, 5:30-7:30 p.m.)was accepted by Mayor Pro
Tem Luis Del Toro.
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Jones. Motion carried 7-0.
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1. Minutes and Reports Submitted: City Council Proceedings for 9/17; Civil Service
Commission of 8/30, 9/26; Park and Recreation Advisory Commission of 9/11 ; Transit
Advisory Board of 9/13; Proof of publication for City Council proceedings of 9/4, 9/10.
Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Dubuque County Sheriff's Office for property damage,
Bettye Kronstad for vehicle damage, Mark Topf 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: Kelsey Caspersen for vehicle damage, Dubuque County Sheriff's Office for
property damage, Bettye Kronstad for vehicle damage, Mark Topf for property damage,
Brock Tyner for vehicle damage, Doug Winner for vehicle damage. Upon motion the doc-
uments were received, filed, and concurred.
4. Approval of City Expenditures: City Manager recommending Council approval for
payment of City expenditures. Upon motion the documents were received, filed and ap-
proved.
5. State Fireworks Grant Award: City Manager recommending acceptance of a grant
from the Iowa State Fire Marshal to purchase a rated storage magazine for confiscated
fireworks. Upon motion the documents were received, filed and approved.
6. Consolidated Annual Performance and Evaluation Report (CAPER) July 1, 2017 to
June 30, 2018: City Manager recommending approval of a resolution authoring submis-
sion to HUD of the Consolidated Annual Performance and Evaluation Report (CAPER)
for the period of July 1, 2017 through June 30, 2018. Upon motion the documents were
received and filed, and Resolution No. 285-18 Authorizing the submission of a Consoli-
dated Annual Performance and Evaluation Report (CAPER) for the period commencing
July 1 , 2017 and concluding June 30, 2018 was adopted.
RESOLUTION NO. 285-18
AUTHORIZING THE SUBMISSION OF A CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORT (CAPER) FOR THE PERIOD COMMENCING JULY 1,
2017 AND CONCLUDING JUNE 30, 2018
Whereas, the City of Dubuque, Iowa, is an entitlement grant recipient under the Com-
munity Development Block Grant (CDBG) Program of the U.S. Department of Housing
and Urban Development (HUD); and
Whereas, the CDBG regulations require each entitlement recipient must submit a per-
formance and evaluation report, Consolidated Annual Performance and Evaluation Re-
port (CAPER); and
Whereas, the City has 1) prepared a CAPER for the program year commencing July
1, 2017 and concluding June 30, 2018; 2) published notice of availability of the CAPER
in the Telegraph Herald and City of Dubuque website on August 28, 2018 and; 3) made
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copies of the CAPER available for public review; 4) held a public hearing pursuant to
required 15 days published notice before the Community Development Advisory Com-
mission on September 26, 2018; and
Whereas, the Community Development Advisory Commission requests a subsequent
public hearing to review additional data related to the CAPER; and
Whereas, the Community Development Advisory Commission has voted to approve
the CAPER and to recommend City Council approval for timely submission to HUD.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . That the Consolidated Annual Performance and Evaluation Report(CAPER)
for the period commencing July 1, 2017 and concluding June 30, 2018 is hereby approved
for submission.
Section 2. That the Mayor of the City of Dubuque is hereby authorized and directed to
execute the Consolidated Annual Performance and Evaluation Report (CAPER) on behalf
of the City of Dubuque, Iowa.
Section 3. That the City Manager is hereby authorized to direct staff to complete and
submit the Consolidated Annual Performance and Evaluation Report (CAPER) along with
any public comment to the U.S. Department of Housing and Urban Development.
Section 4. That the City Manager, at the request and recommendation of the Commu-
nity Development Advisory Commission, is authorized to direct staff to provide additional
data related to the CAPER for the October 17, 2018 Community Development Advisory
Commission meeting.
Passed, approved and adopted this 1st day of October 2018
Luis Del Toro, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
7. Civil Service Commission - Certified List: Civil Service Commission submitting the
Certified List for the position of Police Lieutenant. Upon motion the document was re-
ceived, filed, and made a Matter of Record.
September 26, 2018
Honorable Mayor and
Members of the City Council
In accordance with Chapter 400 of the Code of Iowa, a promotional examination for
the position of Police Lieutenant was administered on August 22, 2018. I hereby certify
that the individuals listed below have passed the examination process and any vacancy
for this position should be made from this list. This list is good for a period of two years
from the above date.
Police Lieutenant
1. Brandon Bauer, 2. Danielle Beck, 3. Bruce Deutsch, 4. Craig Salmonson, 5. Luke
Bock, 6. Abby Ray, Richard Fullmer, 7. Michael McTague
Respectfully Submitted,
Daniel White, Chairperson
Civil Service Commission
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8. Eagle Point Park Environmental Restoration Management Project Consultant Se-
lection: City Manager recommending approval of the selection of Emmons & Olivier Re-
sources Inc., to undertake the Eagle Point Park Environmental Restoration Management
Project Design, Construction Management and Grant Administration. Upon motion the
documents were received, filed and approved.
9. K9s4COPS Grant Application: City Manager recommending approval to submit a
grant application to K9s4COPs. Upon motion the documents were received, filed and
approved.
10. AmeriCorps Healthy Futures Planning Grant Program Coordinator Approval: City
Manager recommending approval for the position of AmeriCorps Healthy Futures Pro-
gram Coordinator temporary position, as provided for in the AmeriCorps Healthy Future
Grant Planning Agreement. Upon motion the documents were received, filed and ap-
proved.
11. Purchase of Services Grant Recommendations for Fiscal Year 2019: City Manager
recommending approval of the Fiscal Year 2019 Purchase of Services grant funding ap-
plications as submitted by the Community Development Advisory Commission. Upon mo-
tion the documents were received, filed and approved.
12. Project Acceptance - 2018 Asphalt Overlay Ramp Project Three: City Manager
recommending acceptance of the construction contract for the 2018 Asphalt Overlay Ac-
cess Ramp Project Three as completed by Midwest Concrete, Inc. Upon motion the doc-
uments were received and filed, and Resolution No. 286-18 Accepting the 2018 Asphalt
Overlay Access Ramp Project Three and authorizing the payment to the contractor was
adopted.
RESOLUTION NO. 286-18
ACCEPTING THE 2018 ASPHALT OVERLAY ACCESS RAMP PROJECT THREE
AND AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the 2018 Asphalt Overlay Access Ramp
Project Three, (the Project) has been completed by the Contractor, Midwest Concrete,
Inc. (Contractor), the City Engineer has examined the work and recommends that the
Project be accepted; and
Whereas, the final contract amount for the Project is $139,018.81; and
Whereas, the Contractor has previously been paid $132,067.87, leaving a balance of
$6,950.94; and
Whereas, the City Council finds that the recommendation of the City Engineer should
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.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance
of the retainage of $6,950.94 as provided in Iowa Code chapter 573, and to pay such
4
retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code
chapter 26.13.
Passed, approved and adopted this 1st day of October 2018.
Luis Del Toro, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2018 ASPHALT
OVERLAY ACCESS RAMP PROJECT THREE
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the 2018 Asphalt Overlay Access Ramp Project Three, and that said Pro-
ject has been performed in compliance with the terms of the Public Improvement Con-
tract, and that the total cost of the completed work is $146,410.35.
Dated this 27th day of September 2018.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 27th day of September 2018.
/s/Kevin S. Firnstahl, City Clerk
13. Project Acceptance - 2018 Asphalt Overlay Ramp Project Four: City Manager rec-
ommending acceptance of the construction contract for the 2018 Asphalt Overlay Access
Ramp Project Four, as completed by Reuter Mechanical Inc, d/b/a East Iowa Construc-
tion. Upon motion the documents were received and filed, and Resolution No. 287-18
Accepting the 2018 Asphalt Overlay Access Ramp Project Four and authorizing the pay-
ment to the contractor was adopted.
RESOLUTION NO. 287-18
ACCEPTING THE 2018 ASPHALT OVERLAY ACCESS RAMP PROJECT FOUR AND
AUTHORIZING THE PAYMENT TO THE CONTRACTOR
Whereas, the public improvement contract for the 2018 Asphalt Overlay Access Ramp
Project Four, (the Project) has been completed by the Contractor, Reuter Mechanical,
Inc. dba East Iowa Construction (Contractor), the City Engineer has examined the work
and recommends that the Project be accepted; and
Whereas, the final contract amount for the Project is $62,500.6400; and
Whereas, the Contractor has previously been paid $59,375.61, leaving a balance of
$3,125.03; and
Whereas, the City Council finds that the recommendation of the City Engineer should
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.
Section 2. The Finance Director is hereby directed to pay to the Contractor the balance
of the retainage of $3,125.03 as provided in Iowa Code chapter 573, and to pay such
retainage in accordance with the provisions of Iowa Code chapter 573 or Iowa Code
chapter 26.13.
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Passed, approved and adopted this 1st day of October 2018.
Luis Del Toro, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 2018 ASPHALT
OVERLAY ACCESS RAMP PROJECT FOUR
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the 2018 Asphalt Overlay Access Ramp Project Four, and that said Project
has been performed in compliance with the terms of the Public Improvement Contract,
and that the total cost of the completed work is $69,892.18.
Dated this 24th day of September 2018.
/s/Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 24th day of September 2018.
/s/Kevin S. Firnstahl, City Clerk
14. Keymont Court - North Fork Trails Subdivision Acceptance of Street and Paver
Improvements: City Manager recommending acceptance of the maintenance of the per-
meable paver street in North Fork Trails No. 5, Lots 1 through 10. Upon motion the doc-
uments were received and filed, and Resolution No. 288-18 Accepting Maintenance of
Street Improvements in North Fork Trails No. 5 - Lots 1 through 10 was adopted.
RESOLUTION NO. 288-18
ACCEPTING MAINTENANCE OF STREET IMPROVEMENTS IN NORTH FORK
TRAILS NO. 5 - LOTS 1 THROUGH 10
Whereas, pursuant to Resolution No. 322-16, certain public improvements in North
Fork Trails No. 5 in the City of Dubuque, Iowa including street paving with curb and gutter,
sidewalk ramps, sanitary sewer main, water main, storm sewers and catch basins, fiber
optics conduit, street lighting, and storm water detention facilities were accepted by the
City of Dubuque; and
Whereas, pursuant to Section 3 of Resolution 322-16, street maintenance, except for
snow removal and deicing, was to be the responsibility of the owner, 4-ALL, LLC, until 80
percent (8 lots) of the lots are improved. Maintenance by the owner was to consist of
routine inspection, sweeping and/or vacuuming any sediment from the void area or sub-
grade and adding pervious material to the void area as necessary. The street mainte-
nance was also to include the removal and replacement of pavers, as necessary, to main-
tain the design gradient and design cross section of the street; and
Whereas, the Developer of North Fork Trails No. 5 has requested that the City assume
maintenance responsibilities of the street; and
Whereas, the requirements for street maintenance listed in Section 3 of Resolution No.
322- 16 have been met based on inspection by City Staff.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City hereby assumes street maintenance responsibilities as of the
date of this resolution.
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Passed, approved and adopted this 1st day of September 2016.
Luis Del Toro, Mayor Pro-Tem
Attest: Kevin S. Firnstahl, City Clerk
15. Healthy Homes & Childhood Lead Poisoning Prevention Program Contract 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 Preven-
tion Program and Healthy Homes Program. Upon motion the documents were received,
filed and approved.
16. Wellmark Blue Cross and Blue Shield of Iowa Administrative Services Agreement:
City Manager recommending approval of the Administrative Services Agreement be-
tween the City of Dubuque and Wellmark Blue Cross and Blue Shield of Iowa effective
July 1, 2018, through June 30, 2019, and authorize the City Manager to sign the agree-
ment. Upon motion the documents were received, filed and approved.
17. Release of All Civil Claims Related to 999 Maquoketa Drive: City Manager recom-
mending approval of a Settlement Agreement and Release of All Claims between the City
of Dubuque and Michael and Angela Friederick for civil claims. Upon motion the docu-
ments were received and filed, and Resolution No. 289-18 Approving a Settlement Agree-
ment and Release of Claims between Michael and Angela Friederick and the City of
Dubuque for release of all civil claims was adopted.
RESOLUTION NO. 289-18
APPROVING A SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS BETWEEN
MICHAEL AND ANGELA FRIEDERICK AND THE CITY OF DUBUQUE FOR RELEASE
OF ALL CIVIL CLAIMS
Whereas, Michael Friederick was the water account holder for a bulk meter servicing
a mobile home park at 999 Maquoketa Drive, in Dubuque, Iowa; and
Whereas, the City of Dubuque, Iowa, hereinafter called "City" or "the City" provided
water to 999 Maquoketa Drive through the City's water distribution system; and
Whereas, disputes arose between the City and the Frederick's regarding unpaid water
consumption at 999 Maquoketa Drive; and
Whereas, to avoid further expense and the uncertainty of civil litigation, the parties
have reached a settlement that resolves their disputes and the civil litigation and the par-
ties desire to memorialize the terms and conditions thereof in the attached Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Settlement Agreement is approved on behalf of the City of Dubuque.
The Mayor and City Clerk are authorized to execute the Settlement Agreement and Re-
lease of Claims.
Section 2. The City Manager, City Attorney, and the City's legal counsel are hereby
authorized to take all necessary actions to execute the Settlement Agreement and Re-
lease of Claims.
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Passed, approved and adopted this 1st day of October 2018.
Luis Del Toro, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
18. Lloyd Raymond Haywood Lawsuit Dismissal: Senior Counsel providing corre-
spondence and Judgment confirming dismissal of the lawsuit filed by Lloyd Raymond
Haywood. Upon motion the documents were received and filed.
19. Signed Contract(s): Applied Ecological Services for the Valentine Park Restoration
SRF Project. Upon motion the document was received and filed.
20. Improvement Contracts / Performance, Payment and Maintenance Bonds: Ad-
vanced Environmental Testing and Abatement, Inc. for Asbestos Abatement at the former
Bowling and Beyond Site; Drew Cook & Sons Excavating Co, Inc. for the Millwork District
Parking Lot #2 (Elm Street); Gansen Excavating, Inc., for Twin Ridge Lift Station Aban-
donment; Mainline Excavating Co., Inc. for the Eagle Point Park Watermain Extension &
Water Service Replacement Phase I; Peterson Contractors, Inc. for the McFadden Farm
Grading Phase I; Playpower LT Farmington, Inc. for the Flora Park 2-5-Year-Old Play-
ground Equipment and Poured-in-Place Surfacing Project. Upon motion the documents
were received, filed and approved.
21. Business License Refund: Request from Champps Americana Restaurant and Bar
previously located at 3100 Dodge Street fora refund of the Liquor License No. LB0001995
due to business closing; Request from Cuemaster Billiards Bar previously located at 900
Central Avenue for a refund of the Liquor License No. LC0042329 due to business clos-
ing; and request from North Side Liquor located at 2013 Central Avenue for a refund of
Tobacco Permit No. DBQ-39-19 due to business name change and business reorganiza-
tion. Upon motion the documents were received, filed and approved.
22. 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. 290-18 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 was adopted.
RESOLUTION NO. 290-18
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 approved;
and
8
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
Chipotle Mexican Grill I 3450 Dodge St., Class C Liquor (Outdoor) (Sunday)
Suite 101
....................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Denny's Lux Club I 3050 Asbury Rd. I Class C Liquor (Outdoor) (Sunday) iI
Eagle Country Market I 1800 Elm St. Class E Liquor, Class B Wine,
Class C Beer (Sunday)
Fat Tuesday's 1 1121 University Ave. Class C Liquor (Sunday)
Fiesta Cancun I 2515-1 NW Arterial Class C Liquor (Outdoor) (Sunday)
Authentic Mexican
Restaurant
.
Grand River Center I 500 Bell St. Class C Liquor (Catering) (Sunday)
Grand Tap The I 802 Central Ave. ' Class C Liquor (Outdoor) (Sunday)
Hy-Vee #1 Clubroom 3500 Dodge St. Special Class C Liquor (Sunday)
The Copper Kettle, Inc. I 2987 Jackson St. Class C Liquor, Class B Native
Wine, Class B Wine (Catering) (Liv-
ing qtrs.) (Outdoor) (Sunday)
Wal-Mart Supercenter 4200 Dodge St. I Class E Liquor, Class B Wine,
#2004 Class C Beer (Sunday)
Adding a Privilege
...................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................1
Casey's General Store I 1072 Cedar Cross Rd. I Adding Class B Wine (Carryout
#3473 I Wine)
:...........................................................................................................................................:......................................................................................................................................:.................................................................................................................................................................................................................:
Casey's General Store I 2699 Rockdale Rd. I Adding Class B Wine (Carryout
#2420 1 I Wine)
Casey's General store I 4003 Peru Rd. 1 Adding Class B Wine (Carryout
#2421 i Wine)
...........................................................................................................................................:..............................................................................................................................:.................................................................................................................................................................................................................:
Special Event(s) per Special Event Application Su_ bmittal
Dubuque Jaycees Chili Cook Off Special Class C (Outdoor)
Y p ( )
Passed, approved, and adopted this 1st day of October 2018.
Luis Del Toro, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
ITEMS SET FOR PUBLIC HEARING
9
Motion by Jones 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 Resnick. Motion carried 7-0.
1. Miracle League of Dubuque Lease Agreement: City Manager recommending that a
public hearing be set for October 15, 2018, to consider a Lease Agreement between the
City of Dubuque and Miracle League of Dubuque for a portion of Veteran's Park. Upon
motion the documents were received and filed, and Resolution No. 293-18 Setting date
of public hearing on Lease Agreement between the City of Dubuque, Iowa and the Miracle
League of Dubuque was adopted setting a public hearing for a meeting to commence at
6:00 p.m. on October 15, 2018 in the Historic Federal Building.
RESOLUTION NO. 293-18
SETTING DATE OF PUBLIC HEARING ON LEASE AGREEMENT BETWEEN THE
CITY OF DUBUQUE, IOWA AND THE MIRACLE LEAGUE OF DUBUQUE
Whereas this Project allows individuals with special needs to participate in organized
recreational programs and activities just like their brothers, sisters, families and friends;
and
Whereas Miracle League of Dubuque wishes to enter into this lease to provide oppor-
tunities for all; and
Whereas this Project furthers the 2035 Vision of the City Council that "Dubuque 2035
is a sustainable and resilient city and an inclusive and equitable community...Our resi-
dents experience healthy living and active lifestyle....and have an abundance of fun
things to do...".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
A public hearing will be held on the 15th day of October, 2018, 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 lease, 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 circu-
lation 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 lease.
Passed, adopted and approved this 1st day of October 2018.
Luis Del Toro, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
2. Alta Vista Urban Revitalization Area: City Manager recommending approval of a
Resolution of Finding under Iowa Code Chapter 404, which is required to develop an
Urban Revitalization Plan for 1225 Alta Vista Street. It is further recommended that a
public hearing be set for November 5, 2018 to adopt an Urban Revitalization Plan for the
Nativity Urban Revitalization Area. Upon motion the documents were received and filed,
and Resolution No. 291-18 Urban Revitalization Resolution of Finding that the Rehabili-
tation, Conservation, Redevelopment, Economic Development, or a combination thereof
10
of Church of the Nativity PL in the City of Dubuque, Iowa is necessary in the interest of
public health, safety, or welfare of the residents of the City was adopted setting a public
hearing for a meeting to commence at 6:00 p.m. on November 5, 2018 in the Historic
Federal Building.
RESOLUTION NO. 291-18
URBAN REVITALIZATION RESOLUTION OF FINDING THAT THE REHABILITATION,
CONSERVATION, REDEVELOPMENT, ECONOMIC DEVELOPMENT, OR A COMBI-
NATION THEREOF OF CHURCH OF THE NATIVITY PL IN THE CITY OF DUBUQUE,
IOWA IS NECESSARY IN THE INTEREST OF PUBLIC HEALTH, SAFETY, OR WEL-
FARE OF THE RESIDENTS OF THE CITY
Whereas, as a preliminary step to exercising the authority to approve an area for"urban
revitalization" conferred upon Iowa municipalities by Chapter 404 of the Code of Iowa, a
municipality must adopt a resolution finding that the rehabilitation, conservation, redevel-
opment, economic development, or a combination thereof of the area is necessary in the
interest of public health, safety, or welfare of the residents of the City; and
Whereas, Church of the Nativity PI in the City of Dubuque, Iowa, according to the rec-
orded plat thereof (the Area) is the location of Church of the Nativity; and
Whereas, Horizon Development Group, Inc (the Company) is proposing public im-
provements related to housing and residential development on the property; and
Whereas, the City Council finds that the Area is appropriate for public improvements
related to housing and residential development and necessary in the interest of the wel-
fare of the residents of the City, and the property substantially meets the criteria for Urban
Revitalization according to Section 404.1 of the Code of Iowa, 2018.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . Church of the Nativity PI in the City of Dubuque, Iowa is appropriate as an
area designated for public improvements related to housing and residential development
as defined in Section 404.1 (5) of the Code of Iowa, 2018, and is hereby designated the
Nativity Urban Revitalization Area.
Section 2. The City Manager is hereby directed to prepare a proposed Urban Revitali-
zation Plan for the Nativity Road Urban Revitalization Area in conformance Chapter 404
of the Iowa Code, 2018 for review and approval by the City Council.
Section 3. The City Clerk is directed to publish notice of a public hearing on the adop-
tion of an Urban Revitalization Plan for the Nativity Urban Revitalization Area to be held
on November 5, 2018, at 6:00 p.m. in the Historic Federal Building in Dubuque, Iowa, 350
W. 6th Street, Dubuque, Iowa and that said notice shall generally identify the area covered
by the Plan and the general scope of the Urban Revitalization Plan activities planned for
such area
Passed and approved this 1st day of October 2018.
Luis Del Toro, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
3. Radford Road Urban Revitalization Area: City Manager recommending approval of
a Resolution of Finding under Iowa Code Chapter 404, which is required to develop an
Urban Revitalization Plan for 1895 Radford Road. It is further recommended that a public
11
hearing be set for November 5, 2018 to adopt an Urban Revitalization Plan for the Rad-
ford Road Urban Revitalization Area. Upon motion the documents were received and
filed, and Resolution No. 292-18 Urban Revitalization Resolution of Finding that the re-
habilitation, conservation, redevelopment, economic development, or a combination
thereof of Lot 1 Wolff Place No 2 in the City of Dubuque, Iowa is necessary in the interest
of public health, safety, or welfare of the residents of the City was adopted setting a public
hearing for a meeting to commence at 6:00 p.m. on November 5, 2018 in the Historic
Federal Building.
RESOLUTION NO. 292-18
URBAN REVITALIZATION RESOLUTION OF FINDING THAT THE REHABILITATION,
CONSERVATION, REDEVELOPMENT, ECONOMIC DEVELOPMENT, OR A COMBI-
NATION THEREOF OF LOT 1 WOLFF PLACE NO 2 IN THE CITY OF DUBUQUE,
IOWA IS NECESSARY IN THE INTEREST OF PUBLIC HEALTH, SAFETY, OR WEL-
FARE OF THE RESIDENTS OF THE CITY
Whereas, as a preliminary step to exercising the authority to approve an area for"urban
revitalization" conferred upon Iowa municipalities by Chapter 404 of the Code of Iowa, a
municipality must adopt a resolution finding that the rehabilitation, conservation, redevel-
opment, economic development, or a combination thereof of the area is necessary in the
interest of public health, safety, or welfare of the residents of the City; and
Whereas, Lot 1 Wolff Place No 2 in the City of Dubuque, Iowa, according to the rec-
orded plat thereof (the Area) is the location of Spahn & Rose Lumber Co.; and
Whereas, Landover Corporation (the Company) is proposing construction of residential
development of multi-family housing on the property; and
Whereas, the City Council finds that the Area is appropriate for public improvements
related to housing and residential development and is necessary in the interest of the
welfare of the residents of the City, and the property substantially meets the criteria for
Urban Revitalization according to Section 404.1 of the Code of Iowa, 2018.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . Lot 1 Wolff Place No 2 in the City of Dubuque, Iowa is appropriate as an
area for public improvements related to housing and residential development as defined
in Section 404.1 (5) of the Code of Iowa, 2018, and is hereby designated the Radford
Road Urban Revitalization Area.
Section 2. The City Manager is hereby directed to prepare a proposed Urban Revitali-
zation Plan for the Radford Road Urban Revitalization Area in conformance Chapter 404
of the Iowa Code, 2018 for review and approval by the City Council.
Section 3. The City Clerk is directed to publish notice of a public hearing on the adop-
tion of an Urban Revitalization Plan for the Radford Urban Revitalization Area to be held
on November 5, 2018, at 6:00 p.m. in the Historic Federal Building in Dubuque, Iowa, 350
W. 6th Street, Dubuque, Iowa and that said notice shall generally identify the area covered
by the Plan and the general scope of the Urban Revitalization Plan activities planned for
such area
Passed and approved this 1st day of October 2018.
Luis Del Toro, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
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BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions. Applicant appointments will be made at the next City
Council meeting.
1. Airport Commission: One, 4-year term through July 1, 2022 (Vacant term of Cham-
bers). Applicant: Michael Phillips, 1029 Dunham Dr. Mr. Phillips spoke in support of his
appointment and provided a brief biography.
2. Housing Commission: One, 3-year term through August 17, 2021 (Vacant term of
Hoeper). Applicants: Michelle Becwar, 2115 Coates St.; and Antonino T. Erba, 1505 Fair-
view PI. Ms. Becwar spoke in support of her appointment and provided a brief biography.
3. Human Rights Commission: One, 3-year term through January 1, 2020 (Vacant term
of Perry). Applicants: Erin Muenster, 2030 Embassy West Dr.; David Olson, 909 Spires
Dr.; and Samuel Wright, 508 West Locust St. Mr. Olson and Mr. Wright spoke in support
of their respective appointment and provided brief biographies.
4. Resilient Community Advisory Commission: One, 3-year term through July 1, 2020
(Vacant term of Hoeper). Applicants: Lalith Jayawickrama, 2360 Cherry St.; and Laura
Loucks, 444 1/2 5th St. Mr. Jayawickrama and Ms. Loucks spoke in support of their re-
spective appointments and provided brief biographies.
PUBLIC HEARINGS
1. Fiscal Year 2019 First Budget Amendment: Proof of publication for notice of public
hearing to consider approval of the First Budget Amendment for Fiscal Year 2019, and
the City Manager recommending approval. Motion by Resnick to receive and file and
adopt Resolution No. 294-18 Amending the current budget for the Fiscal Year ending
June 30, 2019. Seconded by Shaw. Motion carried 7-0.
RESOLUTION NO. 294-18
AMENDING THE CURRENT BUDGET FOR THE FISCAL YEAR ENDING JUNE 30,
2019 (AS AMENDED LAST ON NA.)
Be it Resolved by the Council of the City of Dubuque
Section 1 . Following notice published 09/20/2018 and the public hearing held,
10/01/2018 the current budget (as previously amended) is amended as set out herein
and in the detail by fund type and activity that supports this resolution which was consid-
ered at that hearing:
13
Total Budget Total Budget
as certified Current after Current
or last amended Amendment Amendment
(Revenues&Other Financing Sources
Taxes Levied on Property 1 25,766,328 0 25,766,328
Less: Uncollected Property Taxes-Levy Year 2 0 0 0
Net Current Property Taxes 3 25,766,328 0 25,766,328
Delinquent Property Taxes 4 0 0 0
TIF Revenues 5 10,182,997 0 10,182,997
Other City Taxes 6 18,093,849 0 18,093,849
Licenses&Permits 7 1,562,233 91,673 1,653,906
Use of Money and Property 8 13,276,669 195,179 13,471,848
Intergovernmental 9 34,564,606 40,843,873 75,408,479
Charges for Services 10 43,495,519 37,122 43,532,641
Special Assessments 11 30,000 0 30,000
Miscellaneous 12 8,173,863 132,159 8,306,022
Other Financing Sources 13 11,406,977 5,851,239 17,258,216
Transfers In 14 33,168,399 5,002,011 38,170,410
Total Revenues and Other Sources 15 199,721,440 52,153,256 251,874,696
(Expenditures&Other Financing Uses
Public Safety 16 29,625,497 686,163 30,311,660
Public Works 17 12,601,671 1,279,705 13,881,376
Health and Social Services 18 1,003,132 38,809 1,041,941
Culture and Recreation 19 12,657,491 835,409 13,492,900
Community and Economic Development 20 14,224,282 222,565 14,446,847
General Government 21 9,504,245 206,076 9,710,321
Debt Service 22 10,602,063 500 10,602,563
Capital Projects 23 27,768,715 53,113,871 80,882,586
Total Government Activities Expenditures 24 117,987,096 56,383,098 174,370,194
Business Type/Enterprises 25 56,814,009 17,919,888 74,733,897
Total Gov.Activities&Business Expenditures 26 174,801,105 74,302,986 249,104,091
Transfers Out 27 33,168,399 5,002,011 38,170,410
Total Expenditures/Transfers Out 28 207,969,504 79,304,997 287,274,501
Excess Revenues&Other Sources Over
(Under) Expenditures/Transfers Out for Fiscal Year 29 -8,248,064 -27,151,741 -35,399,805
Beginning Fund Balance July 1 30 39,769,337 48,790,383 88,559,720
Ending Fund Balance June 30 31 31,521,273 21,638,642 53,159,915
Passed this 1st day of October 2018.
Luis Del Toro, Mayor Pro Tern
Attest: Kevin S. Firnstahl, City Clerk
2. Intent to Dispose of an Interest in Real Property Owned by the City of Dubuque by
Lease Supplements Between the City of Dubuque, Iowa and Southwestco Wireless, Inc.
D/B/A Verizon Wireless: Proof of publication on notice of public hearing to consider dis-
posal of an interest in real property owned by the City of Dubuque by Lease Supplements
between the City of Dubuque, Iowa and Southwestco Wireless, Inc. d/b/a Verizon Wire-
less, and the City Manager recommending approval. Motion by Jones to receive and file
the documents and adopt Resolution No. 295-18 Disposing of an interest in real property
owned by the City of Dubuque by Lease Supplements between the City of Dubuque, Iowa
14
and Southwestco Wireless, Inc. d/b/a Verizon Wireless. Seconded by Resnick. Motion
carried 4-3 with Del Toro, Larson and Shaw voting nay.
Citing research sources, Hillary Baker, 2572 Broadway Street; and Bryan Blair and
son, 3895 Creston Street, expressed their concerns with what they believe are negative
effects on health and environment from radio frequency energy caused by cell towers and
transmissions. Mr. Blair added that he disapproved of the site selection as he felt it would
devalue property.
During lengthy discussion, Sustainable Innovations Coordinator David Lyons of
Greater Dubuque Development Corporation responded to questions from the City Council
citing issues with state and federal pre-emption, loss of local control through legislative
prohibitions, frequency strength, benefits to the city and emergency management ser-
vices, location over installations, buried equipment vs. pole-mounted requirements, small
cell vs. 5G verbiage, future agreements with other large companies and contract wording,
installation on public right-of-way vs. private property installations, legal implications and
challenges stemming from local prohibitions, and discussing the pro/con health research.
RESOLUTION NO. 295-18
DISPOSING OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF
DUBUQUE BY LEASE SUPPLEMENTS BETWEEN THE CITY OF DUBUQUE, IOWA
AND SOUTHWESTCO WIRELESS, INC. D/B/A VERIZON WIRELESS
Whereas, the City of Dubuque City (City) and Southwestco Wireless, Inc. d/b/a Verizon
Wireless (Verizon) entered into a Master Lease Agreement dated May 10, 2018 (the
Agreement), which granted Verizon the right to lease certain City property for the pur-
poses and subject to the conditions set forth in the Agreement; and
Whereas, Verizon desires to lease a part of the City property as shown on DBQ Key
West SC1 Exhibit 1, DBQ Key West SC3 Exhibit 1 and DBQ Asbury SC7 Exhibit 1 (the
Premises); and
Whereas, City desires to lease the Premises to Verizon pursuant to the Lease Supple-
ments, attached hereto; and
Whereas, the City Council, by Resolution No. 279-18 dated September 17, 2018 de-
clared its intent to dispose of City interest in Premises; and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on September 17, 2018 at 6:00 p.m. in the Historic Federal Building, 350 W.
6th Street, Dubuque, Iowa; and
Whereas, the City Council has determined that it would be in the best interests of City
to enter into the Lease Supplements and lease the Premises to Verizon.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque approves Lease Supplements between City and Veri-
zon and the lease of the Premises to Verizon.
Section. The Mayor is authorized and directed to sign the Lease Supplement on behalf
of the City of Dubuque.
Passed, approved and adopted this 1st day of October 2018.
Luis Del Toro, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
15
3. Maquoketa Valley Electric Cooperative Extension of Franchise: Proof of publication
for notice of public hearing to consider approval of an extension to Maquoketa Valley
Electric Cooperative's electric franchise agreement, and the City Manager recommending
approval.
Motion by Shaw to receive and file the documents and that the requirement that a
proposed ordinance be considered and voted on for passage at two Council meetings
prior to the meeting at which it is to be passed be suspended. Seconded by Jones. Motion
carried 7-0.
Motion by Shaw for final consideration and passage of Ordinance No. 38-18 Extending
the term of the Franchise granted to Maquoketa Valley Electric Cooperative. Seconded
by Jones. Motion carried 7-0.
OFFICIAL PUBLICATION
ORDINANCE NO. 38-18
EXTENDING THE TERM OF THE FRANCHISE GRANTED TO MAQUOKETA VALLEY
ELECTRIC COOPERATIVE
Whereas, City of Dubuque Ordinance No. 20-04, granted to Maquoketa Valley Electric
Cooperative, its successors and assigns (the Company), the right and non-exclusive fran-
chise (the Franchise) to maintain and operate in the City of Dubuque, Iowa (City) its ex-
isting electrical system within the limits to the City of Dubuque; and
Whereas, the Franchise expires October 3, 2018; and
Whereas, the Company has agreed to an extension of the Franchise to negotiate a
new franchise; and
Whereas, the City Council finds that it is in the best interest of the City of Dubuque to
grant the extension.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1 . The term of the Franchise is hereby extended to and including November 5,
2018.
Section 2. This Ordinance shall take effect upon publication.
Passed, approved and adopted the 1st day of October 2018.
/s/Luis Del Toro, Mayor Pro Tem
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 5th day of October 2018.
/s/Kevin S. Firnstahl, City Clerk
4. Maquoketa Valley Electric Cooperative Franchise Agreement: Proof of publication
on notice of public hearing to consider approval of an ordinance granting a new Franchise
Agreement with Maquoketa Valley Electric Cooperative. Motion by Jones to table the item
to November 5, 2018. Seconded by Resnick. Motion carried 7-0.
5. Maquoketa Valley Electric Cooperative Franchise Fee: Proof of publication on notice
of public hearing to consider approval of an ordinance imposing a franchise fee of 5% on
Maquoketa Valley Electric Cooperative. Motion by Jones to table the item to November
5, 2018. Seconded by Resnick. Motion carried 7-0.
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PUBLIC INPUT
Dr. Angela Brandel of the University of Dubuque; Steven Chavez, 7288 Rte. 52 So.;
and Michael Wilder, 370 Julien Dubuque Drive, with other committee members requested
that the City Council consider an annual proclamation recognizing Indigenous Peoples'
Day for October 8 to raise awareness and recognition of the struggles of America's indig-
enous people and refuting the history of Christopher Columbus. Mayor Buol stated that
he could be supportive following some research with fellow mayor colleagues.
ACTION ITEMS
1. Arts and Culture Master Plan Update: Arts and Cultural Affairs Coordinator Debra
Alleyne and Commissioner David Schmitz Member provided a slide presentation on arts
and cultural activities over the last 12 months. Highlights included: ongoing achievements,
economic impact, community arts representatives, master plan overview, task forces and
working groups, and 2012-2018 timeline. Motion by Shaw to receive and file the docu-
ments. Seconded by Larson. Motion carried 7-0.
2. Miracle League of Dubuque - Field Development Agreement, Naming Recognition
Request and CAT Grant Application for Veteran's Memorial Park: City Manager recom-
mending approval of Miracle League Field Development Agreement, Naming Recognition
Request and CAT Grant Application for the Veteran's Memorial Park. Motion by Jones to
receive and file the documents, approve the Field Development Agreement and Naming
Recognition request, and adopt Resolution No. 296-18 Approving CAT Grant application
to Enhance Iowa for Miracle League of Dubuque Baseball Field and All-Inclusive Play-
ground Project. Seconded by Resnick. Motion carried 7-0.
RESOLUTION NO. 296-18
APPROVING CAT GRANT APPLICATION TO ENHANCE IOWA FOR MIRACLE
LEAGUE OF DUBUQUE BASEBALL FIELD AND ALL-INCLUSIVE PLAYGROUND
PROJECT
Whereas, Enhance Iowa has allocated Community Attraction and Tourism (CAT) Pro-
gram grant funds for projects that help position a community to take advantage of eco-
nomic development opportunities in tourism and strengthen a community's competitive-
ness as a place to work and live; and
Whereas this Project allows individuals with special needs to participate in organized
recreational programs and activities just like their brothers, sisters, families and friends;
and
Whereas this Project furthers the 2035 Vision of the City Council that "Dubuque 2035
is a sustainable and resilient city and an inclusive and equitable community...Our resi-
dents experience healthy living and active lifestyle...and have an abundance of fun things
to do..."
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
17
Section 1 . The Miracle League of Dubuque is hereby authorized to submit the CAT
grant application for the Miracle League of Dubuque Baseball Field and All-Inclusive Play-
ground Project with the City of Dubuque as a co-applicant for a project to be developed
on property owned by the City of Dubuque.
Section 2. The City agrees to contribute up to ten percent (10%) of the grant amount
approved for Miracle League but not in an amount more than $50,000.00 subject to Mir-
acle League obtaining all other commitments required for a successful CAT Grant appli-
cation.
Passed, approved and adopted this 1st day of October 2018.
Luis Del Toro, Mayor Pro Tem
Attest: Kevin S. Firnstahl, City Clerk
3. SW Arterial Construction Update Video: Cable TV Division presented a video of the
recent progress of the Southwest Arterial Project for September 2018). Motion by Resnick
to receive and file the information. Seconded by Larson. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Jones reported that he would support an Indigenous Peoples' Day
proclamation as requested by Dr. Brandel during Public Input.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:48 p.m. to discuss pending litigation
and real estate transfer negotiations pursuant to Chapter 21.5(1)(c), -(j) of the Code of
Iowa. Seconded by Shaw. Mayor Pro Tern Del Toro stated for the record that the attorney
who will consult with City Council on the issues to be discussed in the closed session is
City Attorney Crenna Brumwell. Motion carried 7-0.
The City Council reconvened in open session at 9:30 p.m. stating that staff had been
given proper direction.
There being no further business, upon motion the City Council adjourned at 9:31 p.m.
/s/Kevin S. Firnstahl, CMC, City Clerk
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