Minutes_City Council Proceedings 11 20 17 Copyrighted
December4, 2017
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of 11/20, 11/27; Civil Service
Commission of 11/21; Library Board of Trustees Council
Update #165 of 11/16; Sister City Relationships Advisory
Commission of 11/15; TransitAdvisory Board of 11/14;
Proof of Publication for City Council Proceedings of 11/6;
Proof of Publication for List of Claims and Summary of
Revenues for Month Ending 10/30.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
City Council Proceedings of 11/20/17 Supporting Documentation
City Council Proceedings of 11/27/17 Supporting Documentation
Civil Service Commission of 11/21/17 Supporting Documentation
Library Board of Trustees CC Update#165 of 11/16/17 Supporting Documentation
Sister City Relationships Advisory Commission of Supporting Documentation
11/15/17
Tranist Advisory Board of 11/14/17 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
11/6/17
Proof of Publication for List of Claims-Summary of Supporting Documentation
Revenues ME 10/30/17
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on November 20, 2017
in the Historic Federal Building, 350 W. 6�h Street.
Present: Mayor Buol; Council Members Connors, Del Toro, Lynch, Resnick, Rios; City
Manager Van Milligen, City Attorney Brumwell
Absent: Council Member Jones
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.
PROCLAMATION(S)
1 . Small Business Saturday (November 25, 2017) was accepted by Paige Murphy,
Membership Concierge Manager for the Dubuque Area Chamber of Commerce.
CONSENTITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Kate West requested #21 be held for separate
discussion. Motion carried 6-0.
1 . Minutes and Reports Submitted: 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. Upon motion the documents were received and
filed.
2. Notice of Claims and Suits: Angela Mangeno for vehicle damage and 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 lowa, the agent for the lowa Communities
Assurance Pool: Angela Mangeno for vehicle damage and Frank Vans Evers for vehicle
damage. Upon motion the documents were received, filed, and concurred.
4. Quarterly Investment Report for September 30, 2017: City Manager transmitting the
September 30, 2017 Quarterly Investment Report. Upon motion the documents were
received and filed.
1
5. Fiscal Year 2017 State of lowa Annual Financial Report: City Manager
recommending approval of the official document for the City of Dubuque's Fiscal Year
2017 Annual Financial Report. Upon motion the documents were received, filed and
approved.
6. Fiscal Year 2017 lowa Urban Renewal Annual Report: City Manager recommending
adoption of a resolution approving the Fiscal Year 2017 lowa Urban Renewal Annual
Report for the City of Dubuque. Upon motion the documents were received and filed and
Resolution No. 364-17 Approving the Fiscal Year 2017 Urban Renewal Report for the
City of Dubuque was adopted.
7. Dubuque's Path Forward to Improved Air Quality 2017: City Manager recommending
approval of the updated Path Forward to Improved Air Quality 2017 to be submitted to
the Environmental Protection Agency PM Advance Program. Upon motion the documents
were received, filed and approved.
8. Four Mounds Public Information Brochure: City Manager transmitting the Four
Mounds 30th Anniversary public information brochure. Upon motion the document was
received and filed.
9. Sustainable Dubuque Community Grant Approval: City Manager recommending
approval of the Resilient Community Advisory Commission recommendations for funding
eight projects from the Sustainable Dubuque Community Grant Program. Upon motion
the documents were received, filed and approved.
10. Public, Educational, and Government (PEG) Capital Grant Expenditure Request:
City Manager recommending approval of the Cable TV Commission's request for funding
from the Public, Educational, and Government (PEG) Capital Grant forAccess Equipment
and Facilities for the Dubuque Community School District and Loras College to purchase
equipment. Upon motion the documents were received, filed and approved.
11 . REAP Grant Agreement for Eagle Point Park Environmental Restoration: City
Manager recommending approval of a resolution and the FY 2018 REAP Grant
Agreement for Phase 2 of the Eagle Point Park Environmental Restoration Project. Upon
motion the documents were received and filed and Resolution No. 365-17 Authorizing
REAP Grant Agreement with lowa Department of Natural Resources for Phase 2 of Eagle
Point Park Environmental Restoration Management Plan was adopted.
12. Dubuque Metropolitan Area Transit Study (DMATS) Transportation Alternatives
Program (TAP) Grant Application for Bee Branch Creek Trail: City Manager
recommending approval of a resolution authorizing submittal of the DMATS TAP Grant
application forthe Bee Branch Creek Trail — Phase 1 Project. Upon motion the documents
were received and filed and Resolution No. 366-17 Authorizing DMATS TAP Grant
application for Bee Branch Creek Trail Phase I was adopted.
2
13. Notice of Intent to Request Release of Funds for Fiscal Year 2018 CDBG Funded
Programs: City Manager requesting the Mayor's signature as Certifying Officer on the
Environmental Review Determination and Request for Release of Funds and Certification
form for the Fiscal Year 2018 Community Development Block Grant (CDBG) funded
programs. Upon motion the documents were received, filed and approved.
14. U.S. EPA Brownfields Cleanup Cooperative Grant Agreement for 411 E. 15th
Street Site: City Manager recommending adoption of a resolution approving the terms of
the Cooperative Agreement with the U.S. Environmental Protection Agency for the City
to receive Brownfields Cleanup Grant funding for the cleanup of the Blum Brownfields site
as part of the Bee Branch Watershed Flood Mitigation Project. Upon motion the
documents were received and filed and Resolution No. 367-17 Approving the Brownfields
Cleanup Cooperative Grant Agreement between the U.S. Environmental Protection
Agency and the City of Dubuque, lowa for the cleanup of the former Blum Scrap Yard
and Recycling Facility at 411 E. 15th Street for the Bee Branch Watershed Flood
Mitigation Project was adopted.
15. Plat of Survey - Cedar Ridge Farm Place No. 15: Zoning Advisory Commission
recommending approval of the Plat of Survey for Lot L and Lot M Cedar Ridge Farm Place
No. 15 as requested by Craig Geiser, IIW P.C. / Julian Nemmers. Upon motion the
documents were received and filed and Resolution No. 368-17 Approving the Plat of
Survey Lot L and Lot M Cedar Ridge Farm Place No. 15 in City of Dubuque, lowa was
adopted.
16. Grant of Easement Sanitary Sewer Utility for Marlene L. Brimeyer Property: City
Manager recommending acceptance of the Grant of Easement for Sanitary Sewer Utility
from Marlene L. Brimeyerthrough the adoption of a resolution as part of the Derby Grange
Sanitary Sewer Extension project. Upon motion the documents were received and filed
and Resolution No. 369-17 Accepting a Grant of Easement for Sanitary Sewer Utility
through, over and across part of Lot 1 of the Southwest Quarter of the Southwest Quarter
of Section 9, Township 89 North, Range 2 East of the 5th P.M., in the County of Dubuque,
lowa was adopted.
17. Renewal Rate forthe Voluntary Dental Plan: City Manager recommending approval
of the renewal rates for the Volunteer Dental Plan with Delta Dental beginning January 1 ,
2018 through December 31 , 2018 and authorization for the City Manager to sign the
Financial Exhibit. Upon motion the documents were received, filed and approved.
18. Total Administrative Services Corporation (TASC) Administrative Services Fee for
the Flexible Spending Plan: City Manager recommending approval of the renewal rates
from Total Administrative Services Corporation (TASC) for the City of Dubuque's flexible
spending plan administrator for the period January 1 , 2018 through December 31 , 2018.
Upon motion the documents were received, filed and approved.
19. Alternative Services Concepts (ASC) Worker's Compensation Claims
Administrative Services Agreement: City Manager recommending approval of an
3
Agreement with Alternative Services Concepts for services related to the administration
of the City's Worker's Compensation Program effective October 1 , 2017. Upon motion
the documents were received, filed and approved.
20. Workers' Compensation Settlement Agreements - Luke Duve: City Attorney
recommending approval of two Compromise Settlement Agreements regarding Workers'
Compensation claims filed against the City of Dubuque by Public Works Employee Luke
Duve. Upon motion the documents were received, filed and approved.
21 . Jessica West Claim Denial Appeal: Senior Counsel recommending denial of an
appeal of a claim against the City filed by Jessica West for vehicle damage as determined
by Public Entity Risk Services' (PERS), the claim agency for the lowa Community
Assurance Pool (ICAP). Motion by Lynch to receive and file the document and concur.
Seconded by Resnick. Kate and Jessica West, spoke in support of approval of their
appeal for vehicle damage resulting from a tree in Eagle Point Park falling on Jessica
WesYs car. City Attorney Crenna Brumwell responded to questions from the City Council
regarding lowa case law as it relates to liability on the part of the City, citing absence of
constructive notice of a defective tree. Motion carried 4-2 with Rios and Del Toro voting
nay.
22. Skate Park Engineering, Design and Construction Management Services
Consultant Selection: City Manager recommending approval for the selection of Pillar
Design Studios and to negotiate a contract for the Skate Park Engineering, Design and
Construction Management Services. Upon motion the documents were received, filed
and approved.
23. KIDS in Dubuque Skate Sponsorship Opportunities: City Manager transmitting the
sponsorship opportunities brochure and commitment form being distributed by KIDS in
Dubuque Skate. Upon motion the documents were received and filed.
24. Hwy 20 Corridor Landscape Assessment and Plan Consultant Selection: City
Manager recommending approval to negotiate a contract with RDG Planning and Design
for the Hwy 20 Corridor Landscape Assessment and Plan. Upon motion the documents
were received, filed and approved.
25. Design Mill, Inc. Contract Amendment with the lowa Economic Development
Authority (IEDA): City Manager recommending approval of a resolution authorizing a
second amendment to a contract with the lowa Economic Development Authority for lowa
Values Funds Financial Assistance benefits on behalf of Design Mill, Inc. Upon motion
the documents were received and filed and Resolution No. 370-17 Approving a Second
Amendment to the Economic Development Final Assistance Contract by and among
Design Mill, Inc., the City of Dubuque, and the lowa Economic Development Authority
was adopted.
26. Acceptance of SRF Green Alley Project Bid Set 4 - Year 3: City Manager
recommending approval of resolutions accepting the improvements, approving the Final
4
Schedule of Assessments, establishing the final contract amount for the payment of the
contract amount to Portzen Construction for the SRF Green Alley — Bid Set 4 year 3
Project. Upon motion the documents were received and filed and Resolution No. 371-17
Accepting the SRF Green Alley Project Bid Set 4 - Year 3 and authorizing the payment
of the contract amount to the contractor; and Resolution No. 371-17A Adopting the Final
Assessment Schedule for the SRF Green Alley Project Bid Set 4 - Year 3 were adopted.
27. lowa Mississippi River Parkway Commission Annual Report 2016-2017: lowa
Mississippi River Parkway Commission transmitting its 2016-2017 Annual Report. Upon
motion the documents were received and filed.
28. Improvement Contracts / Performance, Payment and Maintenance Bonds:
Temperley Excavating, Inc. for J.F. Kennedy Ditch Improvement Project; Utility Service
Contractors, Inc. for Kerper Blvd. Fiber Project - Elm Street to 16th Street. Upon motion
the documents were received, filed and approved.
29. 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. 372-17 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 6-0.
1 . Metx, LLC Development Agreement and Intent to Dispose of 1690 Elm Street: City
Manager recommending adoption of a resolution to set a public hearing for December 4,
2017, in order to approve tax increment financing obligations and the disposition of City-
owned real estate at 1690 Elm Street. Upon motion the documents were received and
filed and Resolution No. 373-17 Fixing the date for a public hearing of the City Council of
the City of Dubuque, lowa on the proposed issuance of Urban Renewal Tax Increment
Revenue Obligations and the disposition of City owned real estate relating to a previously
approved Development Agreement with Metx, LLC, and providing for the publication of
notice thereof 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.
2. Steeple Square Development Agreement - 101 E. 15th Street: City Manager
recommending adoption of a resolution to set a public hearing for December 4, 2017 in
order to approve tax increment financing obligations at 101 E. 15th Street. Upon motion
the documents were received and filed and Resolution No. 374-17 Fixing the date for a
public hearing of the City Council of the City of Dubuque, lowa on the proposed issuance
of Urban Renewal Tax Increment Revenue Obligations relating to a previously approved
5
Development Agreement with SS Event Center, LLC, and providing for the publication of
notice thereof 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.
PUBLIC HEARINGS
1 . Request to Rezone 3900 Block of Inwood Avenue: Proof of Publication for notice of
public hearing to consider a request from Brandon Merrick to rezone the 3900 block of
Inwood Avenue from R-1 Single-Family Residential to R-2 Two-Family Residential Zoning
District and the Zoning Advisory Commission recommending approval. The City Clerk
acknowledged receipt of the Citizen Petition in opposition to the request and additional
documentation from the City Manager and Planning Services Department in response to
the petition.
Motion by Lynch 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. Motion failed for lack of a
second.
Motion by Lynch to consider the first reading of a proposed ordinance amending Title
16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at the end of Inwood Avenue from R-
1 Single-Family Residential District to R-2 Two-Family Residential District. Seconded by
Resnick. Addressing the City Council, Developer Brandon Merrick, 8110 Southern Hills
Circle, requested that the item be tabled to next month when the entire Council is present.
The developer will inform staff on the date. No vote taken.
Motion by Lynch to table the item. Seconded by Resnick. Motion carried 6-0.
2. Derby Grange Sanitary Sewer Extension Project: Proof of publication on notice of
public hearing to consider approval of plans, specifications, form of contract and
estimated cost for the Derby Grange Sanitary Sewer Extension Project and the City
Manager recommending approval. Motion by Lynch to receive and file the documents
and adopt Resolution No. 375-17 Approval of plans, specifications, form of contract, and
estimated cost for the Derby Grange Sanitary Sewer Extension Project. Seconded by
Connors. Motion carried 6-0.
PUBLIC INPUT
Nino Erba, 672Y2 Central Avenue, addressed the City Council regarding his belief that
it is in the best interests of the City to help Mercy Hospital secure funding for its planned
Comprehensive Cancer Care Center.
ACTION ITEMS
1 . Code of Ordinances Amendment Title 6-5-3 Exempt Noises: City Manager
recommending an amendment to the noise ordinance related to the noise coming from
school stadiums including, but not limited to, marching bands and athletic events, and
would exempt events on campuses within a sports stadium during hours already
6
contained in the code restricting amplified music or noise consistent with the noise
variance provisions of the Code. Motion by Lynch 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 Resnick. Motion failed 4-2 with Resnick and Del Toro voting nay.
Motion by Lynch to consider the first reading of a proposed ordinance Amending City
of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment,
Chapter 5 Noises, Section 6-5-3 Exempt Noises. Seconded by Connors. Motion carried
4-2 with Resnick and Del Toro voting nay.
During discussion, Police Chief Mark Dalsing addressed the City Council about the
position faced by Police Officers with enforcing the current City Code regarding the noise
and the need to resolve the issue. Council discussion included issues regarding music at
sporting events versus amplified music for practices, the sources of music, citizens taking
the issue directly to the institutions, and rights of adjacent property owners as well as
students. The City Council inquired about text modifications to the amendment that might
include time limitations to be included on the agenda with the second reading of the
amendment.
Following Action Item No. 2, City Attorney Brumwell suggested that if modification of
the amendment is requested by the City Council, a Motion to Reconsider would be in
order to allow staff to draft additional language. Motion by Connors to Reconsider and
refer to staff for modification. Seconded by Resnick. Motion carried 5-1 with Lynch voting
nay.
2. 2018 State Legislative Priorities: City Manager submitting the 2018 State Legislative
Priorities to be presented to legislators at the annual Legislative Dinner tentatively
scheduled for December 6, 2017, at 530 p.m. at the Grand River Center. Motion by
Connors to receive and file the documents and approve. Seconded by Del Toro. The City
Manager stated that the final date of the legislative dinner will be determined following
confirmation of schedules for attendees. Motion carried 6-0.
3. Rescheduling of January 2, 2018 City Council Meeting: Mayor Buol requesting that
the Tuesday, January 2, 2018 City Council meeting be rescheduled to Wednesday,
January 3, 2018 due to City Offices being closed for the New Year's Holiday. Motion by
Connors to receive and file the document and concur. Seconded by Resnick. Motion
carried 6-0.
COUNCIL MEMBER REPORTS
Mayor Buol recognized Boy Scouts from Troup #69 who were in attendance.
There being no further business, upon motion the City Council adjourned at 7:06 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
1t 11/29
7