4 15 19 City Clerk's Skelton Notes and Meeting CallCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on April 15, 2019 in the
second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor liuol; Council Members Del Toro, Jo es, Lr son, esnic9 F<ios, Shaw;
City Manager Van /lilligen, City Attorney Brumwell
1
Ab
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.
PRESENTATION
1. Women's Leadership Network Recognition of Leisure Services Manager Marie
Ware./
((�� PROCLAMATIONS
1. Arbor Day (April 26, 2019) was accepted by
2. Co munity Develo • ment Week (April 22-26, 2019) was accepted by ti
1
CONSENT ITEMS
Yays
Nays
Shaw
/..--"'
Larson
Jones
Del Toro
Resnick
Rios
Buol
1. Minutes and Reports Submitted
Airport Commission of 3/25; Arts and Cultural Affairs Advisory Commission of 3/22;
Catfish Creek Watershed Management Authority of 3/6; 4/4; City Council proceedings of
4/1; Community Development Advisory Commission of 3/20; Five Flags Civic Center
Commission of 3/25; Historic Preservation Commission of 3/21; Historic Preservation
Commission Fair Committee of 3/21; Library Board of Trustees Council Update #181 of
3/28; Long Range Planning Advisory Commission of 3/20; Resilient Community
Advisory Commission of 4/4; Zoning Advisory Commission of 4/3; Zoning Board of
Adjustment of 3/28; Proof of publication for City Council Proceedings of 3/18.
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Van Meter, 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: C. Dennis
Gansemer for vehicle damage; Donna Sindahl for vehicle damage; Van Meter, 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 130-19 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. Crescent Community Health Center 2018 Annual Report
City Manager providing a copy of the 2018 Annual Report for the Crescent Community
Health Center.
Suggested Disposition: Receive and File
2
Yays
Nays
Shaw
Larson
Jones
Del Toro
Resnick
Rios
Buol
6. ITC Midwest Economic Impact Brochure
City Manager providing a copy of the public information brochure from ITC Midwest on
the local economic impact of its electrical transmission system.
Suggested Disposition: Receive and File
7. U.S. Environmental Protection Agency Consent Decree Semi Annual Report
City Manager transmitting the March 31, 2019 Semi Annual Consent Decree Report that
has been submitted to the United States Environmental Protection Agency as required
by the Consent Decree.
Suggested Disposition: Receive and File
8. Restrictive Covenant for 1100 Roosevelt Street
City Manager recommending approval of a resolution attaching a 21 -year Owner -
Occupied Restrictive Covenant to 1100 Roosevelt Street.
RESOLD ITION 131-19 Attaching Single -Family Occupancy Restrictive Covenant to
1100 Roosevelt Street, Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
9. HRDP Grant Application for Eagle Point Park Archeological Survey
City Manager recommending approval of an application for Historic Resource
Development Program (HRDP) Grant for continuation of the Phase I Archaeological
Survey at Eagle Point Park.
RESOLUTION 132-19 Authorizing HRDP Grant Application to State Historic
Preservation Office for Continuation of Phase I Archaeology Survey at Eagle Point Park
Suggested Disposition: Receive and File; Adopt Resolution(s)
10. Sustainable Dubuque Grants
City Manager recommending approval of five grant applications from the Sustainable
Dubuque Grant Program as approved by the Resilient Community Advisory
Commission.
Suggested Disposition: Receive and File; Approve
3
Yays
Nays
Shaw
Larson
Jones
Del Toro
Resnick
Rios
Buol
11. Dubuque County Multi -Jurisdictional Hazard Mitigation Plan Approval
City Manager recommending approval of the Dubuque County Multi -Jurisdictional
Hazard Mitigation Plan approved by the Federal Emergency Management Agency
(FEMA) on February 28, 2019.
RESOLUTION 133-19 Adopting the Dubuque County Multi -Jurisdictional Local Hazard
Mitigation Plan
Suggested Disposition: Receive and File; Adopt Resolution(s)
12. Michael and Jacqueline Wood vs. City et al. Dismissal
Senior Counsel advising of the dismissal of claims against the City by Michael and
Jacqueline Woodrelated to a September 12, 2016 vehicle accident.
Suggested Disposition: Receive and File
13. Fiscal Year 2020 Detailed Budget for the Five Flags Civic Center
City Manager recommending approval of the detailed Fiscal Year 2020 Budget for the
Five Flags Civic Center submitted by SMG.
Suggested Disposition: Receive and File; Approve
14. Amendment to the Collective Bargaining Agreement Between the City of
Dubuque and Teamsters Local No.120
City Manager recommending an Amendment to the Collective Bargaining Agreement
with the Teamsters Local No. 120 effective from April 22, 2019, through September 2,
2019.
Suggested Disposition: Receive and File; Approve
15. Amendment to the Collective Bargaining Agreement between the City and the
Dubuque Professional Firefighters Association, Local No. 25
City Manager recommending approval of an Amendment to the Collective Bargaining
Agreement between the City of Dubuque and the Dubuque Professional Firefighters
Association, Local No. 25. / 0
RESOLUTION 44-8-419 Approving the Amendment to the Collective Bargaining
Agreement in effect from July 1, 2017 to June 30, 2022, between the City of Dubuque,
Iowa, and the Dubuque Professional Firefighters Association, Local No. 25 and
authorizing the Mayor to sign the Amendment
Suggested Disposition: Receive and File; Adopt Resolution(s)
4
Yays
Nays
Shaw
Larson
Jones
Del Toro
Resnick
Rios
Buol
16. Fiscal Year 2020 Wage Plan and Benefit Package for Non -Bargaining Unit
Employees
City Manager recommending approval of the Fiscal Year 2020 Wage Plan and Benefit
Package for Non -Bargaining Unit Employees effective July 1, 2019, for general
employee classifications and non -assigned classifications.
RESOLUTION 134-19 Approving the Wage Plan and Benefit Package for Non -
Bargaining Unit Employees for Fiscal Year 2020
Suggested Disposition: Receive and File; Adopt Resolution(s)
17. Pre -Annexation Agreement - The Estate of Phyllis F. Decker
City Manager recommending approval of a Pre -Annexation Agreement with the Estate
of Phyllis F. Decker as part of the approval for the Final Plat of Stone Quarry No. 2.
RESOLUTION 135-19 Approving a Pre -Annexation Agreement between the City of
Dubuque, Iowa and the Estate of Phyllis F. Decker
Suggested Disposition: Receive and File; Adopt Resolution(s)
18. Final Plat Dubuque Sports Complex
Zoning Advisory Commission recommending approval of the Final Plat of Dubuque
Sports Complex, 12612 Nightengale Lane, subject to waiving the lot frontage
requirement for Lot 1 Dubuque Sports Complex.
RESOLUTION 136-19 Approving the Final Plat of Dubuque Sports Complex in
Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
19. Steeple Square (SS) Event Center - Collateral Assignment of Development
Agreement
City Manager recommending approval of a Collateral Assignment of the Development
Agreement with SS Event Center, LLC for the 101 E. 15th Street Project to, Dubuque
Bank & Trust.
RESOLUTION 137-19Approving Collateral Assignment of Development Agreement
between the City of Dubuque, Iowa and SS Event Center, LLC related to the
rehabilitation of 101 E. 15th Street
Suggested Disposition: Receive and File; Adopt Resolution(s)
5
Yays
Nays
Shaw
Larson
Jones
Del Toro
Resnick
Rios
Buol
20. Right -of -Way Plat and Dedication - Steeple Square LLC Block Redevelopment
Project
City Manager recommending approval of the Acquisition Plat of City Lot 484-A, in the
City of Dubuque, Iowa, (public alley between Jackson, White, 15th and 16th Streets)
and acceptance of the dedication of said lot for Right -of -Way purposes.
RESOLUTION 138-19 Approving the Acquisition Plat of City Lot 484-A in the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
21. Port of Dubuque Marina Staff Reclassification Request
City Manager recommending creation of a temporary seasonal manager position and an
assistant Marina manager position for the 2019 season in the Port of Dubuque Marina.
Suggested Disposition: Receive and File; Approve
22. Tobacco Compliance (WI Penalty for Tobacco License 1 I Adel Altered State
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a tobacco compliance violation for the Altered State, 1523 Central Avenue.
Suggested Disposition: Receive and File; Approve
23. Tobacco Compliance Civil Penalty for Tobacco License Holder — Casey's
General Store #2420
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a tobacco compliance violation for Casey's General Store #2420, 2699 Rockdale
Road
Suggested Disposition: Receive and File; Approve
24. Tobacco Compliance Civil Penalty for Tobacco License Holder — Eagle
Country Market
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a tobacco compliance violation for Eagle County Market, 1800 Elm Street.
Suggested Disposition: Receive and File; Approve
6
Yays
Nays
Shaw
Larson
Jones
Del Toro
Resnick
Rios
Buol
25. Tobacco Compliance Civil Penalty for Tobacco License Holder — Kwik Stop
#58
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a tobacco compliance violation for Kwik Stop #58 3340 JFK Road.
Suggested Disposition: Receive and File; Approve
26. Tobacco Compliance Civil Penalty for Tobacco License Holder — Kwik Stop
#74
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a tobacco compliance violation for Kwik Stop #74, 2360 Central Avenue.
Suggested Disposition: Receive and File; Approve
27. Tobacco Compliance Civil Penalty for Tobacco License Holder — Kwik Stop
#84
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a tobacco compliance violation for Kwik Stop #84, 2335 University Avenue.
Suggested Disposition: Receive and File; Approve
28. Tobacco Compliance Civil Penalty for Tobacco License Holder —
Neighborhood Quick Mart
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a tobacco compliance violation for Neighborhood Quick Mart, 690 W. Locust Street.
Suggested Disposition: Receive and File; Approve
29. Tobacco Compliance Civil Penalty for Tobacco License Holder — Oky Doky #8
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a tobacco compliance violation for Oky Doky #8, 535 Hill Street.
Suggested Disposition: Receive and File; Approve
30. Tobacco Compliance Civil Penalty for Tobacco License Holder — Sid's'
Beverage Store, Inc.
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a tobacco compliance violation for Sid's Beverage Store, Inc., 2727 Dodge Street.
Suggested Disposition: Receive and File; Approve
7
Yays
Nays
Shaw
Larson
Jones
Del Toro
Resnick
Rios
Buol
31. Signed Contract(s)
Armani Community Services Advertising Contract with Jule Transit for bus displays;
Dubuque Children's Zoo Boosters short-term lease for a portion of FDR Park to operate
the Storybook Hill Children's Zoo.
Suggested Disposition: Receive and File
32. Improvement Contracts / Performance, Payment and Maintenance Bonds
D&D Concrete, Inc. for the Grand River Center Decorative Concrete Repair Project;
Portzen Construction, Inc. for the 22nd Street/Kaufmann Avenue Storm Sewer
Improvements Project (White Street to Kleine Street); Top Grade Excavating, Inc. for
the Marquette Place Sanitary Sewer & Water Main Reconstruction Project.
Suggested Disposition: Receive and File; Approve
33. Alcohol License Applications
City Manager recommending approval of annual liquor, beer, wine and tobacco license
applications as submitted.
RESOLUTION 139-19 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)
8
/2Z
ITEMS SET FOR PUBLIC HEARING
1. Sale of City -Owned Property at 1100 Roosevelt Street
City Manager recommending that the City Council set a public hearing for May 6, 2019
on the intent to dispose of City -owned property at 1100 Roosevelt Street to Dubuque
and Jackson County Habitat for Humanity that includes a 21 -year Restrictive Covenant
as an owner -occupied, single-family residential use.
RESOLUTION 140-19 of Intent to Dispose of an Interest in City of Dubuque real estate,
setting a time and place for hearing and providing for the publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
May 6, 2019
Yays,
Nays
Shaw
I/
Larson
Jones
Del Toro
f,
Resnick
' f
Rios
1,„.
Buol
9
BOARDS/COMMISSIONS
Boards and Commission Applicant Review and Appointments
1. Building Code and Advisory Appeals Board (Review)
One, 3 -Year Term through August 1, 2019 (Vacant Journeyman/Carpenter term of
Schwendinger). Applicant: Derek Duehr, 3395 Venture Ct. (Qualifies as
Journeyman/Carpenter)
2. Cable Television Commission (Appointment)
One, 3 -Year term through July 1, 2021 (Vacant term of Dolson).
Applicant: Richard Baumhover, 601 Garfield Ave.
Yays
Nays
�
Shaw
Larson
Jones
Del Toro
,.
Resnick
Rios
Q....1
uuvI
10
3. Community Development Advisory Commission (Appointment)
One, 3 -Year term through February 15, 2022 (Vacant LMI term of Caldwell).
Applicants:
1. Richard umhover, 601 Garfield Ave. (Qualifies as LMI Representative);
2. Jef eriha, 1274 Locust St. (Qualifies as LMI Representative) (Additional
App tart
Yays
Nays
Shaw
,J1.
Larson
J I, -
Jones
JJ.
Del Toro
Resnick
Rios
BuoI
11
PUBLIC HEARINGS
1. Three Amigos, LLC - Development Agreement
roof of publication on notice of public hearing to consider approval of a proposed
Development Agreement between the City of Dubuque and Three Amigos, LLC for
redevelopment of the property at 898 Jackson Street, and the City Manager
recommending approval.
RESOLUTION 141-19 Approving a Development Agreement between the City of
Dubuque, Iowa and Three Amigos, LLC including the issuance of Urban Renewal Tax
Increment Revenue Obligations, for the Redevelopment of 898 Jackson Street
Suggested Disposition: Receive and File; Adopt Resolution(s)
Y�Nays
Shaw
Larson
Jones
I
Del Toro
,,
Resnick
Rios
1—
Buol
9-
`ry
F .V
2. University of Dubuque ID Amendment - South Commons
Proof of publication on notice of public hearing to consider a request from James
Steiner/University of Dubuque to Amend ID Institutional Zoning District for 2180 Grace
Street to develop new south quad and reassemble bell tower along Grace Street, and
the Zoning Advisory Commission recommending approval.
ORDINANCE 20-19 Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by providing for the approval of an Amended Campus
Development Plan for the University of Dubuque to the creation of the South Quad Area
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Nays
Shaw
0/
Larson
✓'�
Jones
Del Toro
Resnick
Rios
/1„,,,-----Buol
Buol
Final Reading and Adopt
Yays
Nays
Shaw
xi,"::"
Larson
✓'�
Jones
Del Toro
Resnick
Rios
Buol
13
3. Bee Branch Healthy Homes (CDBG-NDR) Housing Rehabilitation Project for 278
W. 17th Street
Proof of publication on notice of public hearing to consider approval of plans,
specifications, form of contract, and estimated cost for the Bee Branch Healthy Homes
(CDBG-NDR) Housing Rehabilitation Project for 278 W. 17th Street, and the City
Manager recommending approval.
RESOLUTION 142-19 Approval of Plans Specifications, form of contract, and estimated
cost for 278 W. 17th Street Housing Rehabilitation Improvements Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays ,,
Nays
Shaw
Larson
tri;
Jones
-Del Toro
1/
Resnick
-Rios
1"
Buol
14
4. Status of Funded Activities for Community Development Block Grant, National
Disaster Resilience (CDBG-NDR) Housing Grant
Proof of publication on notice of public hearing to consider approval of the Status of
Funded Activities CONTRACT #13-NDRH-001 for Community Development Block
Grant, National Disaster Resilience Housing Grant, locally known as the Bee Branch
Healthy Homes Resiliency Program, and the City Manager recommending approval.
RESOLUTION 143-19 To Receive and file public hearing on Status of Funded Activities
- Contract #13-NDRH-001 for the Community Development Block Grant, National
Disaster Resilience (CDBG-NDR) Housing Grant
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
Shaw
i=ce
Larson
1//
Jones
Del Toro
°
Resnick
..�"Y
Rios
L--"
Buol
0'0
15
2,4
e zoo/
5. Fiscal Year 2019 Second Budget Amendment
Proof of publication on notice of public hearing to consider approval of the second Fiscal
Year 2019 Budget Amendment, and the City Manager recommending approval.
RESOLUTION 144-19 Amending the current budget for Fiscal Year Ending June 30,
2019 as last amended on October 1, 2018.
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
p/'',
Shaw
Larson
1
Jones
Del Toro
/ -
Resnick
Rios
Buol
16
6. NW Arterial and Pennsylvania Avenue Right -Turn -Lane Improvement Project
Proof of publication on notice of public hearing to consider approval of the plans,
specifications, form of contract, and estimated cost for the NW Arterial and
Pennsylvania Avenue Right -Turn Lane Improvement Project, and the City Manager
recommending approval.
RESOLUTION 145-19 Approval of plans, specifications, form of contract and estimated
cost for the Northwest Arterial - Pennsylvania Avenue Right -Turn -Lane Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
),- T
Shaw
Larson
/,:yJones
Del Toro
7
Resnick
Rios
-'+
Buol
/Pa/ %.,-"a/De9/
oriff
/ *.#4,
/F/6- ,&‘ „Pis
zvdi
a
17
PUBLIC INPUT
18
ACTION ITEMS
1. Greater Dubuque Development Corporation - Quarterly Update and Opportunity
Dubuque Biannual Report
President and CEO Rick Dickinson to present the quarterly update on the activities of
the Greater Dubuque Development Corporation (GDDC).
City Manager recommending acceptance of the Opportunity Dubuque Biannual Report
to be addressed during the GDDC update.
Suggested Disposition: Receive and File; Approve
Yays
Nays
:.
Shaw
Larson
Jones
Del Toro
Resnick
Rios
,,
-Buol
19
2. Grand River Center Presentation of Annual Report r
Mitzi Yordy, Manager of the Grand River Center, will make a presentation to the City
Council for the 2018 Annual Report and update of activities in the current fiscal year and
plans for the future.
Suggested Disposition: Receive, File and Presentation
Yays
Nays
Shaw
Larson
Jones
-'�,...
Del Toro
Resnick
,,,,,.--
Rios
BuoI
/47
20
3. Release of Funds Request for 278 West 17th Street
City Manager recommending authorization for the Mayor to execute a Request for
Release of Funds and Certification for Community Development Block Grant (CDBG)
for the 278 West 17th Street Rehabilitation Project and adoption of a resolution to
submit to the U.S. Department of Housing and Urban Development (HUD).
RESOLUTION 146-19 Authorizing request for Release of Funds and Certification for
Community Development Block Grant (CDBG) Funds for the 278 West 17th Street
Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
Shaw
Larson
,Jones
Del Toro
Resnick
i
Rios
-~'
Buol
oce
21
4. Request for Work Session on Imagine Dubuque Implementation
City Manager recommending that the City Council schedule a work session for May
2019 at 6:00 p.m. in the City Council Chambers regarding the process and timeline for
implementation of Imagine Dubuque 2037: A Call to Action.
Suggested Disposition: Receive and File; Council
11°,73,,,Nays
Shaw
Larson
Jones
/:..
Del Toro
Resnick
Rios
Buol
22
1,7174/2" rt‘""ei
5. Request for Work Session on Sustainable Dubuque
City Manager recommending that the City Council schedule a work session for May 6,
2019 at 5:30 p.m. in the Council Chambers regarding Sustainable Dubuque,
Greenhouse Gas Inventory and Climate Action Plan.
Suggested Disposition: Receive and File; Council
Yay
Nays
v;,,,e4
Shaw
Larson
,,-
Jones
.
Del Toro
Resnick
Rios
Buol
ihied4
23
COUNCIL M MBE' REPOR
/Aix
G ,G'
jpi=r- ,e,eg
CLOSED SESSION
Pending Litigation and Real Estate Transfer Negotiations —Chapter 21.5(1)(c), -(j) Code
of Iowa
Mayor Buol stated for the record that the attorneys who will consult with City Council o,�r
the issues to be discussed in the closed session are City Attorney Crenna Brumwel,end
Attorney Les Reddick.
Yays
Nays
Shaw
Larson
7
Jones
Del Toro
Resnick
Rios
/,,-- -
Buol
REVVIYI V I LVED IIMI OPEIYI SESJIV Y1
Yays
Nays
Shaw
Larson
7
Jones
Del Toro
Resnick
Rios
Buol
ADJOURNMENT @
Yays
Nays
Shaw
Larson
7
Jones
Del Toro
Resnick
Rios
Buol
24
p.m.
Il
TO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Regular Session of the City Council to be
held on Monday, April 15, 2019 at 6:00 PM in the Historic Federal Building for the
purpose of conducting such business that may properly come before the City
Council.
Consent Items: Pages 1-5
D. Buol, Mayor