Minutes_City Council Proceedings 11 6 17City of Dubuque
Copyrighted
November 20, 2017
Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: Cable TV Commission of 11/1; City Council Proceedings
of 11/6, 11/13; Human Rights Commission of
10/9; Investment Oversight Advisory Commission of 10/25;
Library Board of Trustees of 9/27, and Council Update
#164 of 10/19; Resilient Community Advisory Commission
of 7/6, 7/25, 8/3, 9/7, 10/5; Zoning Advisory Commission of
11/1/17.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description
Cable TV Commission Minutes of 11/1/17
City Council Proceedings of 11/6/17
City Council Proceedings of 11/13/17
Human Rights Commission Minutes of 10/9/17
Investment Oversight Advisory Commission Minutes
10/25/17
Library Board of Trustees Minues of 9/27/17
Library Board of Trustees Council Update #164 of
10/19/17
RCAC Minutes of 7/6/17
RCAC Minutes of 7/25/17
RCAC Minutes of 8/3/17
RCAC Minutes of 9/7/17
RCAC Minutes of 10/5/17
Zoning Advisory Commission Minutes of 11/1/17
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on November 6, 2017
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick,
Rios; City Manager Van Milligen, City Attorney 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
PRESENTATION(S)
1. International City/County Management Association (ICMA) Fellowship Exchange.
Assistant City Manager Cori Burbach introduced ICMA Fellows Mr. Darren Tan of
Singapore and Mr. Chankakada (Kakada) Chhoeum of Cambodia. Each gentleman
provided a brief biography and thanked the City Council.
2. Bee Branch Floodplain and Stormwater Management Association Award: Project
Engineer Steve Brown presented the 2017 Project of the Year Award from the Iowa
Floodplain and Stormwater Management Association for the Upper Bee Branch Creek
Restoration Project.
PROCLAMATION(S)
1. Philanthropy Day (November 15, 2017) was accepted by Shirley Brown of the
Association of Fundraising Professionals Tri-State Chapter.
2. Pancreatic Cancer Awareness Day (November 16, 2017) was accepted by Diane
Oglesby Rambousek, President of the Michael W. Oglesby Foundation.
3. Israeli Music and Culture Week (November 6-10, 2017) was accepted by Mayor
Buol on behalf of the University of Dubuque.
4. Hospice Month (November 2017) was accepted by Hospice of Dubuque Executive
Director LaVonne Noel.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose
of as indicated. Seconded by Del Toro. Council Member Connors requested #17
Bloomberg Mayors Challenge Application be held for separate discussion. Council
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Member Del Toro requested #24 Tiger IX Grant Application be held for separate
discussion. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council Minutes of 10/12, 10/16; Civil Service
Commission of 10/10, Historic Preservation Commission of 10/19; Human Rights of 9/11,
9/25; Library Board of Trustees of 8/24; Park and Recreation Commission of 10/10;
Transit Advisory Board of 10/12; Zoning Board of Adjustment of 10/26; Proofs of
Publication for City Council Proceedings of 10/2, 10/3, 10/12, 10/16; Proof of Publication
for List of Claims and Summary of Revenues for Month Ending 9/30. Upon motion the
documents were received and filed.
2. Notice of Claims and Suits: Renee Furlong for property damage, Brett Kilburg d/b/a
Dubuque Dental for property damage, Deanne Lindecker for vehicle damage, Chris
Loewenberg for vehicle damage, Martina Swain for vehicle damage, Frank Vans Evers
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 Iowa, the agent for the Iowa Communities
Assurance Pool: Renee Furlong for property damage, Brett Kilburg d/b/a Dubuque Dental
for property damage, Deanne Lindecker for vehicle damage, Chris Loewenberg for
vehicle damage, Martina Swain for vehicle damage. Upon motion the documents were
received, filed, and concurred.
4. Government Finance Officers Association Distinguished Budget Award:
Correspondence from the Government Finance Officers Association (GFOA) presenting
the City with the Distinguished Budget Presentation Award for Fiscal Year 2016-2017 and
recognizing Budget Director Jennifer Larson as being the individual primarily responsible
for having achieved the award. Upon motion the documents were received and filed.
5. International City/County Management Association (ICMA) Community
Sustainability Award for Bee Branch Watershed Flood Mitigation Project: City Manager
transmitting information from the International City/County Management Association (PM
Magazine) awarding the City its Community Sustainability Award for the Bee Branch
Watershed Flood Mitigation Project. Upon motion the documents were received and filed.
6. Eagle Point Park Resource Enhancement and Protection (REAP) Grant Award: City
Manager transmitting information about the City's receipt of a $200,000 Fiscal Year 2018
Resource Enhancement and Protection (REAP) grant award from the Iowa Department
of Natural Resources for Phase 2 implementation of the Eagle Point Park Environmental
Restoration Management Plan. Upon motion the documents were received and filed.
7. Landfill Expansion Project - Cell 9 Phase III: City Manager transmitting the Fall 2017
Landfill Expansion Project (Cell 9 Phase III) public information brochure from the
Dubuque Metropolitan Area Solid Waste Agency (DMASWA). Upon motion the document
was received and filed.
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8. Bee Branch Watershed Mitigation Project Receives Iowa Ready Mixed Concrete
Association's Excellence in Concrete Awards: Correspondence from the Iowa Ready
Mixed Concrete Association (IRMCA) informing the City that it is awarding its Excellence
in Concrete awards in the categories of Public Works -Recreational, Recreational Trails,
and Sustainable Practices to the Bee Branch Watershed Mitigation Project. Upon motion
the documents were received and filed.
9. Authorization to File and Release Property Liens for Lead Hazard Control and
Healthy Homes Grant: City Manager recommending authorization for the City Manager
or the City Manager's Designee to file and release liens on properties that are participating
in the Lead Hazard Control and Healthy Homes Program. Upon motion the documents
were received and filed and Resolution No. 348-17 Resolution of the City of Dubuque
approving an authorization of the City Manager or the City Manager's designee to file and
release liens on properties participating in the Lead Hazard Control and Healthy Homes
Grant was adopted.
10. Authorization to File and Release Property Liens for Community Development
Block Grant, National Disaster Resilience (CDBG-NDR) Grant: City Manager
recommending authorization for the City Manager or the City Manager's Designee to sign
forgivable loan documents for the Community Development Block Grant National Disaster
Resilience Grant, locally known as the Bee Branch Healthy Homes program. Upon motion
the documents were received and filed and Resolution No. 349-17 Resolution of the City
of Dubuque approving an authorization of the City Manager or the City Manager's
designee to file and release liens on properties participating in the Community
Development Block Grant, National Disaster Resilience (CDBG-NDR) Grant was
adopted.
11. Five Flags Theater Masonry Rehabilitation Project Acceptance: City Manager
recommending acceptance of the construction contract for the Five Flags Theater
Masonry Rehabilitation Project as completed by Hydro -Tech Inc. Upon motion the
documents were received and filed and Resolution No. 350-17 Accepting the Five Flags
Theater Masonry Rehabilitation and authorizing the payment of the contract amount to
the contractor was adopted.
12. NW Arterial Hike/Bike Trail Phase 5 Project Acceptance: City Manager
recommending acceptance of the public improvement construction contract for the Iowa
32 Hike -Bike Trail — Phase 5 Project, as completed by Drew Cook & Sons Excavating
Co., Inc. Upon motion the documents were received and filed and Resolution No. 351-17
Accepting the Iowa 32 Hike/Bike Trail Phase 5 Project and authorizing the payment of the
contract amount to the contractor was adopted.
13. Appeal of Claim by Jessica West: Correspondence from Jessica West appealing
denial of her claim for tree damage to her vehicle on July 29, 2017 in Eagle Point Park.
Upon motion the documents were received, filed, and referred to the City Attorney.
14. Avoca Street Storm Sewer Improvements Project Award: City Manager
recommending that the award for the Avoca Street Storm Sewer Improvements Project
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to Dave Schmitt Construction Co., Inc. be officially recorded in the minutes of the City
Council. Upon motion the documents were received, filed and made a Matter of Record.
15. John F. Kennedy Road Ditch Improvements Project Acceptance: City Manager
recommending that the award for the John F. Kennedy Road Ditch Improvement Project
to Temperley Excavating, Inc. be officially recorded in the minutes of the City Council.
Upon motion the documents were received, filed and made a Matter of Record.
16. 2019 Iowa DOT ICAAP Application for STREETS Improvements - Rescinding
Resolution and Resubmittal: City Manager recommending adoption of a resolution
rescinding resolution 327-17, which authorized filing the application for Iowa Department
of Transportation Iowa Clean Air Attainment Program (ICAAP), and resubmit to clarify in
the grant application the City's commitment to match local funding and the City's
responsibility for maintaining and operating the project for public use during the project's
useful life. Upon motion the documents were received and filed and Resolution No. 352-
17 Rescinding the approval of the authorizing of filing an Iowa Clean Air Attainment
Program application with the Iowa Department of Transportation (IADOT) in partnership
with Dubuque Metropolitan Area Transportation Study (DMATS) to assist with the funding
of Smart Traffic Routing with Efficient and Effective Traffic Signals (STREETS)
Improvements was adopted.
17. Bloomberg Mayors Challenge Application: City Manager recommending approval
of a Phase I Application to the Bloomberg Mayors Challenge. Motion by Connors to
receive and file the document and approve the recommendation. Seconded by Resnick.
Assistant City Manager Cori Burbach responded to questions from the City Council about
how the child care electronic app noted in the grant application could work, responsibility
for on-going maintenance of the app, the amounts of the grant dollars for required design
and pilot phases, stakeholder outreach, and external database control. Ms. Burbach
added that the City will continue to pursue the project even if it isn't selected for the grant.
Motion carried 7-0.
18. Cottingham & Butler Application to IEDA for Business Assistance: City Manager
recommending approval of a resolution authorizing the submission of an Iowa Economic
Development Assistance Application by Cottingham & Butler, Inc. to the Iowa Economic
Development Authority. Upon motion the documents were received and filed and
Resolution No. 353-17 Authorizing the filing of an application for State Business Financial
Assistance on behalf of Cottingham & Butler, Inc. was adopted.
19. Civil Service Commission - Certified Lists: Civil Service Commission submitting the
certified lists for the positions of Firefighter, Sanitation Driver, Equipment Operator I and
Equipment Operator II. Upon motion the documents were received, filed and made a
Matter of Record.
20. Abstract of Votes: City Clerk transmitting the Abstract of Votes for the October 10,
2017 Primary Election as certified by the County Auditor. Upon motion the documents
were received and filed.
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21. Wellmark Blue Cross and Blue Shield of Iowa - Revised Administrative Services
Agreement: City Manager recommending approval of a revised Administrative Services
Agreement with Wellmark Blue Cross and Blue Shield of Iowa to include a reference to
Insurance Schedule J, which specifies the City's insurance requirements for professional
services. Upon motion the documents were received, filed and approved.
22. Winger Release of Claim in Estate: City Manager recommending approval of a
release of claim in the Estate/Conservatorship of Gerald J. Winger, Sr. Upon motion the
documents were received, filed and approved.
23. Mediacom Communications Company: Correspondence from Lee Grassley,
Senior Manager of Government Relations for Mediacom Communications Company,
informing the City of its filing of a Notice of Renewal with the Iowa Utilities Board for
continuing service in Dubuque. Upon motion the document was received and filed.
24. Tiger IX Grant Application: City Manager recommending approval of the City of
Dubuque's Tiger IX Application submitted to the U.S. Department of Transportation.
Motion by Lynch to receive and file the documents and approve the recommendation.
Seconded by Jones. Responding to questions from the City Council, City Manager Van
Milligen, Assistant City Manager Teri Goodmann, and Assistant City Engineer Bob
Schiesl explained how the grant requirements for a project being "shovel ready" along
with City Council goals made the 16th St./Kerper Blvd./Schmitt Island traffic area a priority
opportunity for the grant adding that the annual recurrence of the grant is uncertain.
Motion carried 7-0.
25. Funding Agreement with the City of Asbury for the Pennsylvania Avenue / Middle
Road Culvert Replacement: City Manager recommending authorization for the Mayor to
execute a Funding Agreement with the City of Asbury for the Pennsylvania Avenue
/Middle Road Culvert Replacement Project. Upon motion the documents were received
and filed and Resolution No. 354-17 Approving a Funding Agreement with the City of
Asbury for the Pennsylvania Avenue / Middle Road Culvert Replacement Project was
adopted.
26. SW Arterial East Grading Phase 2 Iowa Department of Transportation (IDOT)
Cooperative Agreement: City Manager recommending Council authorization for the
Mayor to execute the Iowa Department of Transportation Cooperative Agreement for the
Southwest Arterial -East Grading Project from Catfish Creek to Military Road. Upon motion
the documents were received and filed and Resolution No. 355-17 Approving the
Cooperative Agreement (Agreement No. 2018-16-068) between the City of Dubuque and
Iowa Department of Transportation for the Southwest Arterial - East Grading Project from
Catfish Creek to Military Road was adopted.
27. SW Arterial / US 20 Interchange Overpass Bridge Iowa Department of
Transportation (IDOT) Funding Agreement: City Manager recommending authorization
for the Mayor to execute the Iowa Department of Transportation Preconstruction Funding
Agreement for the relocation of utilities associated with the Southwest Arterial
Interchange — US 20 Mainline Dual Bridges Project. Upon motion the documents were
received and filed and Resolution No. 356-17 Approving the preconstruction Funding
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Agreement (Agreement No. 2018-12-066) between the City of Dubuque and Iowa
Department of Transportation for the Southwest Arterial Interchange - US20 Mainline
Dual Bridges Project was adopted.
28. Master Co -Location and Shared Services Agreement Between the City of
Dubuque, Iowa and Unite Private Networks, LLC: City Manager recommending approval
of a Master Co -Location and Shared Services Agreement between the City of Dubuque,
Iowa and Unite Private Networks, LLC for improving fiber capacity in the Kerper Blvd.,
Rhomberg Ave. and Hawthorne Ave. areas. Upon motion the documents were received,
filed and approved.
29. Community Housing Initiatives (CHI) - Agreement Amendment: City Manager
recommending approval of an Amended Agreement between Community Housing
Initiatives and the City of Dubuque's Housing and Community Development Department
to move up the funding schedule to the Community Housing Initiatives. Upon motion the
documents were received and filed and Resolution No. 357-17 Approving the First
Amendment to the Agreement between the City of Dubuque, Iowa and the Community
Housing Initiatives was adopted.
30. Grant of Easement for Water Main Utility- 13715 Barrington Lakes Drive: City
Manager recommending acceptance of the Grant of Easement for Water Main Utility from
Kristine and Randy Nauman across part of Lot 9 of Barrington Lakes No. 3 in Dubuque
County, as part of the Westside Water System Improvements 2017: Contract C Hwy 20
Water Main Extension. Upon motion the documents were received and filed and
Resolution No. 358-17 Accepting a Grant of Easement for Water Main Utility through,
over and across Part of Lot 9 of Barrington Lakes No. 3, Dubuque County, Iowa was
adopted.
31. Cohen -Esrey Request for Urban Revitalization Designation for former Holy Ghost
School: City Manager recommending approval of a Resolution supporting the Low -
Income Housing Tax Credit program application to be submitted to the Iowa Economic
Development Authority by Cohen -Esrey for the redevelopment of the former Holy Ghost
School and Convent into affordable housing. Upon motion the documents were received
and filed and Resolution No. 359-17 Supporting Cohen -Esrey application for low-income
housing tax credit for Central Avenue historic residences was adopted.
32. Request for Proposals - Roosevelt Street Water Tower Project: City Manager
recommending authorization for staff to solicit proposals from professional engineering
firms to assist the City in development of the preliminary engineering report, intended use
plan application, archeological and environmental assessments, and the self-assessment
Iowa Water System Viability documents, in support of obtaining the necessary funding for
the Roosevelt Street Water Tower Project. Upon motion the documents were received,
filed and approved.
33. Improvement Contracts / Performance, Payment and Maintenance Bonds: Dave
Schmitt Construction, Inc. for the Avoca Street Storm Sewer Extension Project. Upon
motion the documents were received, filed and approved.
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34. Signed Contracts: Dubuque Initiatives Agreement for 2017-2018. Upon motion the
documents were received and filed.
35. 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. 360-17 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.
ITEMS SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the public
hearings as indicated, and direct the City Clerk to publish notice as prescribed by law.
Seconded by Connors. Motion carried 7-0.
1. Derby Grange Road Sanitary Sewer Extension Project Initiation: City Manager
recommending initiation of the public bidding procedure for the Derby Grange Sanitary
Sewer Extension Project, and further recommends that a public hearing be set for
November 20, 2017. Upon motion the documents were received and filed and Resolution
No. 361-17 Preliminary 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 November 20, 2017 in the Historic
Federal Building.
2. Peru Road Urban Renewal District - Resolution of Necessity: City Manager
recommending approval of a Resolution of Necessity that finds that the proposed Peru
Road Urban Renewal Area is a blighted area and that the area is appropriate for an urban
renewal project; directs the City Manager to prepare a proposed Urban Renewal Plan for
the Peru Road Urban Renewal Area; and sets a public hearing on the proposed plan for
December 4, 2017. Upon motion the documents were received and filed and Resolution
No. 362-17 Resolution of Necessity finding that certain property near 32nd and Jackson
Streets is an Urban Renewal Area, meets the definition of a Blighted Area under the
Urban Renewal Law, and that development of said area is necessary in the interest of the
residents of the City of Dubuque, Iowa, authorizing and directing the City Manager to
prepare an Urban Renewal Plan for the Peru Road Urban Renewal Area, and setting
dates of hearing and consultation on a proposed Urban Renewal Plan for said Area was
adopted setting a public hearing for a meeting to commence at 6:00 p.m. on December
4, 2017 in the Historic Federal Building.
3. Greater Downtown Urban Renewal District - Resolution of Necessity: City Manager
recommending approval of a Resolution authorizing and directing the City Manager to
prepare a proposed Amended and Restated Urban Renewal Plan for the Greater
Downtown Urban Renewal District and sets a public hearing on the proposed Amended
and Restated Urban Renewal Plan for December 4, 2017. Upon motion the documents
were received and filed and Resolution No. 363-17 Authorizing and directing the City
Manager to prepare an Amended and Restated Urban Renewal Plan for the Greater
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Downtown Urban Renewal District, And Setting dates of hearing and consultation on a
proposed Amended and Restated Urban Renewal Plan for said District was adopted
setting a public hearing for a meeting to commence at 6:00 p.m. on December 4, 2017 in
the Historic Federal Building
ACTION ITEMS
1. Request to Schedule Work Session on Inclusive Dubuque: City Manager
recommending that the City Council set the quarterly Inclusive Dubuque Work Session
for November 27, 2017 at 6:00 p.m. Motion by Connors to receive and file the documents
and set the work session as recommended. Seconded by Jones. Motion carried 7-0.
2. Southwest Arterial Construction Update Video: Cable TV Division showed a video
of the recent progress of the Southwest Arterial Project. Motion by Lynch to receive and
file the information. Seconded by Resnick. Responding to questions from the City Council
following the video, Assistant City Engineer Bob Schiesl stated that while some
construction will take place through the winter months, most has been demobilized by the
contractors. He added that certain project bids will be let through the winter in preparation
of the spring construction season. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Mayor Buol welcomed several Boy Scouts of Troop #69.
Council Member Resnick reported on the assistance Greater Dubuque Development
Corp./True North Program, the City of Dubuque and citizens are providing the Corner Grill
as they work through issues created by the Bee Branch Creek construction in the area
Elm and 16th Streets. Mr. Resnick reminded everyone of Election Day, November 7, 2017.
There being no further business, upon motion the City Council adjourned at 7:08 p.m.
1t 11/15
/s/Kevin S. Firnstahl, CMC
City Clerk
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