Minutes_City Council Proceedings 4 1 19 Copyrighted
April 15, 2019
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUM MARY: Airport Commission of 3/25;Arts and Cultural Affairs
Advisory Commission of 3/22; Catfish Creek Watershed
ManagementAuthority of 3/6; 4/4; City Council
proceedings of 4/1; Community DevelopmentAdvisory
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
CommunityAdvisory 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: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Airport Commission Minutes of 3/25/19 Supporting Documentation
Arts and Cultural Affairs Advisory Commission Minutes Supporting Documentation
of 3/22/19
Caffish Creek Watershed ManagementAuthority Supporting Documentation
Minutes of 3/6/19
Caffish Creek Watershed ManagementAuthority Supporting Documentation
Minutes of 4/4/19
City Council Proceedings of 4/1/19 Supporting Documentation
Community De�lopmentAdvisory Commission Minutes Supporting Documentation
of 3/20/19
Five Flags Civic Center Commission Minutes of Supporting Documentation
3/25/19
Historic Preservation Commission Minutes of 3/21/19 Supporting Documentation
Historic Preservation Commission - Preservation Fair Supporting Documentation
Committee Minutes of 3/21/19
Library Board of Trustees Council Update#181 of Supporting Documentation
3/28/19
Long Range Planning Advisory Commission Minutes of Supporting Documentation
3/20/19
Resilient Community Advisory Commission Minutes of Supporting Documentation
4/4/19
Zoning Advisory Commission Minutes of 4/3/19 Supporting Documentation
Zoning Board of Adjustrnnet Minutes of 3/28/19 Supporting Documentation
Proof of Publication for City Councl Proceedings of Supporting Documentation
3/18/19
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on April 1 , 2019 in the
second-floor Council Chambers of the Historic Federal Building, 350 W. 6�h Street.
Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios
(Joined at 6:02 p.m.), Shaw; City Manager Van Milligen, City Attorney Brumwell
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
Bear Scout Pack #55 from Kennedy Elementary School and Den Leader Jenni
Malcolm led the reciting of the Pledge of Allegiance.
PROCLAMATION(S)
1 . National Service Recognition Day (April 2, 2019) was accepted by Heather Satterly,
Program Director, AmeriCorps Partners in Learning, 1550 Clarke Drive; and Marie
Zoromski of the Retired and Senior Volunteer Program (RSVP), 350 N. Grandview
Avenue.
2. Days of Caring (April 26, 2019) was accepted by Amanda Iburg, Days of Caring Co-
Chair, c/o Young Professionals, 300 Main Street, Suite 200.
3. Sexual Assault Awareness Month (April 2019) was accepted by Katie Bailey of the
Riverview Center, 2600 Dodge St Ste D4.
CONSENTITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Jones. Motion carried 7-0.
1 . Minutes and Reports Submitted: City Council Proceedings of 3/18; Park and
Recreation Commission of 3/12; Transit Advisory Board of 3/14; Proof of Publication for
City Council Proceedings of 2/25, 2/27, 3/4, 3/7, 3/11 ; Proof of Publication for List of
Claims and Summary of Revenues for Month Ending 2/28. Upon motion the documents
were received and filed.
2. Notice of Claims and Suits: Adrian Appelman for property damage, Wade Duncan
for vehicle damage, C. Dennis Gansemer for vehicle damage, Donna Sindahl for vehicle
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damage. Francis J. Ward for vehicle 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 lowa, the agent for the lowa Communities
Assurance Pool: Adrian Appelman for property damage, Wade Duncan for vehicle
damage, Francis J. Ward for vehicle damage. Upon motion the documents were received,
filed, and concurred.
4. Approval of City Expenditures: City Manager recommended Council approval for
payment of City expenditures. Upon motion the documents were received and filed, and
Resolution No. 108-19 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 was adopted.
5. 2018 in Review: Creating an Equitable Community of Choice: City Manager
providing a copy of the Creating an Equitable Community of Choice Public Information
Brochure. Upon motion the document was received and filed.
6. Civil Service Commission - Certified Lists: Civil Service Commission submitting the
Certified Lists for the positions of Water Distribution Maintenance Worker and Help Desk
Support Technician. Upon motion the documents were received, filed and made a Matter
of Record.
7. Doctor-on-Demand Co-Payments: City Manager recommended approval to set the
co-payment for poctor-on-Demand service for all employees. Upon motion the
documents were received, filed and approved.
8. Annual Public Housing Agency (PHA) Plan: City Manager recommended approval
of the submission of the Annual Public Housing Agency Plan along with the Certification
of Consistency with the Consolidated Plan to the U.S. Department of Housing and Urban
Development. Upon motion the documents were received and filed, and Resolution No.
109-19 Authorizing the Mayor to execute the Certification by State or Local Office of
Public Housing Agency (PHA) Plan's Consistency with the Consolidated Plan and
Approval of the PHA Annual Plan was adopted.
9. Accepting Creek Wood Park Construction Project: City Manager recommended
acceptance of the Creek Wood Park Project as completed by Gansen Excavating Inc.
Upon motion the documents were received and filed, and Resolution No. 110-19
Accepting Creek Wood Park Project and authorizing the payment of the contract amount
to the contractor was adopted.
10. Two Bits, LLC - Grant of Easement for Water Main Utility Relocation: City Manager
recommended acceptance of a Grant of Permanent Public Utility Easement from Two
Bits, LLC for the relocation of City water main that will be impacted by the upcoming lowa
Department of Transportation US Hwy 20 / Swiss Valley Road Interchange Project. Upon
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motion the documents were received and filed, and Resolution No. 111-19 Accepting
Grant of Permanent Public Utility Easements for water main relocation from Two Bits,
LLC was adopted.
11 . Accela Consulting Services: City Manager recommended approval to enter into a
contract with Byrne Software Technologies to provide advanced scripting and reporting
services related to the City of Dubuque's Accela Automation platform used for Building
Permits, Housing Rental Licenses and Right-of-Way Permits. Upon motion the
documents were received, filed and approved.
12. Comelec Internet Services - Proposed Master Agreement for Shared-Use Projects
and Project Statement: City Manager recommended approval of a Master Agreement for
Shared-Use Projects and Project Statement with Comelec Internet Services for a conduit
collaboration to expand fiber services within the Dubuque Industrial Park and to
implement fiber to the home extensions. Upon motion the documents were received, filed
and approved.
13. Signed Contract(s): Dubuque Area Labor-Management Council Short-Term Lease
in the Historic Federal Building for 2019-2021 . Upon motion the document was received
and filed.
14. Improvement Contracts/ Performance, Payment and Maintenance Bonds: Legacy
Corporation for the Catfish Creek South Fork Sanitary Interceptor Sewer Stream Bank
Emergency Repair Project. Upon motion the document was received, filed and approved.
15. Business License Refund: Request from Java Joe's Coffee House for a refund of
the Liquor License No. LC0042997 located at 342 Main Street due to business closing.
Upon motion the document was received, filed and approved.
16. Alcohol and Tobacco License Applications: City Manager recommended approval
of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion
the documents were received and filed, and Resolution No. 112-19 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; and Resolution No. 113-19 Approving
applications for retail cigarette/tobacco sales/nicotine/vapor permits, as required by lowa
Code Chapter 453A.47A were adopted.
ITEMS SET FOR PUBLIC HEARING
Motion by Resnick 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 Del Toro. Motion carried 7-0.
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1 . Development Agreement with Three Amigos, LLC for 898 Jackson Street: City
Manager recommended that the City Council set a public hearing for April 15, 2019, on a
proposed Development Agreement between the City of Dubuque and Three Amigos, LLC
for redevelopment of the property at 898 Jackson Street. Upon motion the documents
were received and filed, and Resolution No. 114-19 Fixing the date for a public hearing
of the City Council of the City of Dubuque, lowa on a proposed Development Agreement
between the City of Dubuque, lowa, and Three Amigos, LLC including the issuance of
Urban Renewal Tax Increment Revenue Obligations ad providing for the publication of
notice thereof was adopted setting a public hearing for a meeting to commence at 6:00
p.m. on April 15, 2019 in the Historic Federal Building.
2. Bee Branch Health Homes (CDBG-NDR) Housing Rehabilitation Project for 278 W.
17th Street — Initiate: City Manager recommended initiation of the public bidding
procedure for the housing rehabilitation project at 278 W. 17th Street, 30 units, and further
recommends that a public hearing be set for April 15, 2019. Upon motion the documents
were received and filed, and Resolution No. 115-19 Approval of plans, specifications,
form of contract, and estimated cost; setting date of public hearing on plans,
specifications, form of contract, and estimated cost; and ordering the advertisement for
bids was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on
April 15, 2019 in the Historic Federal Building.
3. Status of Funded Activities for Community Development Block Grant, National
Disaster Resilience (CDBG-NDR) Housing Grant: City Manager recommended that the
City Council set a public hearing for April 15, 2019, on 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. Upon motion the documents were received and filed, and Resolution No. 116-
19 Setting a public hearing on the status of funded activities Contract #13-NDRH-001 for
the Community Development Block Grant, National Disaster Resilience (CDBG-NDR)
Housing Grant was adopted setting a public hearing for a meeting to commence at 6:00
p.m. on April 15, 2019 in the Historic Federal Building.
4. Fiscal Year 2019 Second Budget Amendment: City Manager recommended that the
second Fiscal Year 2019 Budget Amendment be set for public hearing for April 15, 2019.
Upon motion the documents were received and filed, and Resolution No. 117-19 Setting
the date for the public hearing on Amendment No. 2 to the fiscal Year 2019 Budget for
the City of Dubuque was adopted setting a public hearing for a meeting to commence at
6:00 p.m. on April 15, 2019 in the Historic Federal Building.
5. NW Arterial and Pennsylvania Avenue Right-Turn Lane Improvement Project —
Initiate: City Manager recommended initiation of the public bidding procedure for the
Northwest Arterial — Pennsylvania Avenue Right Turn Lane Project, adoption of the
attached resolutions preliminarily approving the construction plans and specifications,
and establishing April 15, 2019, as the date for the public hearing. Upon motion the
documents were received and filed, and Resolution No. 118-19 Preliminary approval of
plans, specifications, form of contract, and estimated cost; setting date of public hearing
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on plans, specifications, form of contract, and estimated cost was adopted setting a public
hearing for a meeting to commence at 6:00 p.m. on April 15, 2019 in the Historic Federal
Building.
6. Proposed Issuance of General Obligation Bonds Series 2019 A, B, C and D: City
Manager recommended that a public hearing be set for May 6, 2019, on the proposition
of selling Not-to-Exceed $13,035,000 in General Obligation Bonds Series 2019 A, B, C
and D. Upon motion the documents were received and filed, and Resolution No. 119-19
Fixing date fora meeting on the proposition ofthe issuance of Not-to-Exceed $10,045,000
General Obligation Bonds of the City of Dubuque, State of lowa (for Essential Corporate
Purposes), and providing for publication of notice thereof; Resolution No. 120-19 Fixing
date for a meeting on the proposition of the issuance of Not-to-Exceed $700,000 General
Obligation Bonds of the City of Dubuque, State of lowa (for General Corporate Purposes),
and providing for publication of notice thereof; Resolution No. 121-19 Fixing date for a
meeting on the proposition ofthe issuance of Not-to-Exceed $600,000 General Obligation
Bonds of the City of Dubuque, State of lowa (for General Corporate Purposes), and
providing for publication of notice thereof; and Resolution No. 122-19 Fixing date for a
meeting on the proposition of the issuance of Not-to-Exceed $1 ,690,000 General
Obligation Bonds of the City of Dubuque, State of lowa (for Essential Corporate Urban
Renewal Purposes), and providing for publication of notice thereof were adopted setting
a public hearing for a meeting to commence at 6:00 p.m. on May 6, 2019 in the Historic
Federal Building.
7. lowa Department of Transportation (IDOT) Consolidated Funding Application: City
Manager recommended that the City Council schedule a public hearing for May 6, 2019,
on the submittal of the Consolidated Funding Application to the lowa Department of
Transportation for the Jule's annual operating and maintenance allocations, the Lobbying
Cost Certificate, Certificate of Cost Allocation Plan and Authorizing Resolution. Upon
motion the documents were received and filed, and Resolution No. 123-19 Setting the
date for a public hearing on lowa DOT Consolidated Funding Application was adopted
setting a public hearing for a meeting to commence at 6:00 p.m. on May 6, 2019 in the
Historic Federal Building.
BOARDS/COMMISSIONS
Applications were reviewed for the following boards/commission. The applicant was
invited to address the City Council regarding their desire to serve on the following
Boards/Commissions. Appointments will be made at the next City Council meeting.
1 . Cable Television Commission: One, 3-Year term through July 1 , 2021 (Vacant term
of Dolson). Applicant: Richard Baumhover, 601 Garfield Ave. Mr. Baumhover spoke in
support of his appointment to this and the following commission and provided a brief
biography.
2. Community Development Advisory Commission: One, 3-Year term through
February 15, 2022 (Vacant LMI term of Caldwell). Applicant: Richard Baumhover, 601
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Garfield Ave. (Meets LMI requirements). Mr. Baumhover addressed his appointment
during the former item.
PUBLIC HEARINGS
1 . Prairie Farms Dairy, Inc. - Development Agreement: Proof of publication on notice
of public hearing to consider approval of a proposed development Agreement between
the City of Dubuque, lowa and Prairie Farms Dairy, Inc. including the issuance of Urban
Renewal Tax Increment Revenue Obligations, and providing for the publication of notice
thereof, and the City Manager recommended approval. Motion by Shaw to receive and
file the documents and adopt Resolution No. 124-19 Approving a Development
Agreement by and between the City of Dubuque, lowa and Prairie Farms Dairy, Inc.
providing for the issuance of Urban Renewal Tax Increment Revenue Obligations for the
Expansion of 3510 Central Avenue. Seconded by Resnick. Responding to questions from
the City Council, City Manager Van Milligen stated that while the developer had already
begun the project due to a tight customer demand and with making some assumptions,
the City made the developer aware of the requirement for Council approval for financial
assistance. Motion carried 6-1 with Larson voting nay.
2. Master Agreement for Shared Use Projects and Intent to Dispose of an Interest in
Real Property by Lease Agreement to the lowa Communications and Technology
Commission (ICN): Proof of publication on notice of public hearing to consider approval
of the Master Agreement for Shared Use Projects and Lease Agreement for space within
a City telecommunications facility located at 1515 W. 3rd Street between the City and the
State of lowa, Telecommunications and Technology Commission, operating as the lowa
Communications Network (ICN), and the City Manager recommended approval. Motion
by Del Toro to receive and file the documents and adopt Resolution No. 125-19 Approving
the disposal of an interest in real property owned by the City of Dubuque by leases
between the City of Dubuque, lowa and the lowa Communications and Technology
commission (ICN). Seconded by Jones. Responding to questions from the City Council,
David Lyons, Sustainable Innovations Consultant for Greater Dubuque Development
Corporation; and Chris Kohlmann, Information Services Manager forthe City of Dubuque,
addressed the issues with the City becoming more competitive and desirable for internet
providers by collaborating on existing assets, and creating redundancy in technology to
better provide service and "up time" for residents during internet-related emergencies and
unexpected outages. Motion carried 7-0.
ACTION ITEMS
1 . Awarding the 2019 Decorative Concrete Maintenance Project: City Manager
recommended award of the construction contract for the 2019 Decorative Concrete
Maintenance Project to the low bidder, Skyline Storage & Trucking, Inc. Motion by Jones
to receive and file the documents and adopt Resolution No. 126-19 Awarding public
improvement contract for the 2019 Decorative Concrete Maintenance Project. Seconded
by Del Toro. Motion carried 7-0.
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2. Award the Seippel Road Water Main Relocation Project: City Manager
recommended award of the construction contract for the Seippel Road Water Main
Relocation Project to the low bidder Horsfield Construction, Inc. Motion by Jones to
receive and file the documents and adopt Resolution No. 127-19 Awarding Public
Improvement Contract for the Seippel Road Water Main Relocation Project. Seconded by
Del Toro. Motion carried 7-0.
3. Awarding the Water Distribution System Pressure Zone 2 Improvements: Roosevelt
Street 1 .25 MG Elevated Water Tower Project: City Manager recommended award of the
Water Distribution System Pressure Zone 2 Improvements: Roosevelt Street 1 .25 MG
Elevated Water Tower Project Contracts A and B, pending approval by the Department
of Natural Resources State Revolving Fund agency. Motion by Larson to receive and file
the documents and adopt Resolution No. 128-19 Awarding the public improvement
contracts for the Water Distribution System Pressure A one 2: Roosevelt Street 1 .25
Million-Gallon, elevated Water Tower Projects Contracts A and B. Seconded by Del Toro.
Motion carried 7-0.
4. Assignment of the City of Dubuque, Dubuque Initiatives, and Flexsteel Industries,
Inc. Redevelopment Project Agreement: Senior Counsel recommended adoption of a
resolution consenting to the Assignment of the Redevelopment Project Agreement from
Dubuque Initiatives to Jackson Street Redevelopment, LLC (Flexsteel Industries, Inc.)
subject to conditions. Motion by Jones to receive and file the documents and adopt
Resolution No. 129-19 Consenting to the Assignment of the Redevelopment Project
Agreement by and among the City of Dubuque, lowa, Dubuque Initiatives, and Flexsteel
Industries, Inc., to Jackson Street Redevelopment. Seconded by Del Toro. Motion carried
7-0.
5. Request for Work Session - Central Avenue Corridor Streetscape Master Plan: City
Manager requesting that the City Council schedule a work session for 6:00 p.m. on May
13, 2019 in the City Council Chambers to review a draft of the Central Avenue Corridor
Streetscape Master Plan. Motion by Jones to receive and file the documents and
schedule the work session as recommended pending any schedule conflicts among the
Council. Seconded by Resnick. No conflicts were noted. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Shaw reported on receiving citizen correspondence inquiring about
the bringing and end to the continued expansion of residential parking permit districts. Mr.
Shaw said that he reached out to the School District about their unused [parking] capacity
and their acknowledgement of the issue and hopes to hear from the DCSD.
There being no further business, upon motion the City Council adjourned at 635 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
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