Minutes_City Council Proceeding 7 2 19 Copyrighted
July 16, 2018
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: Cable N Commission of 7/11 ; City Council Proceedings
of 7/2, 7/9; Five Flags Civic Center Commission of 6/25,
Housing Commission of 6/26; Library Board of Trustees
Council Update #172 or 6/28/18; Zoning Advisory
Commission of 7/5; Zoning Board of Adjustment of 6/28;
Proof of Publication for City Council Proceedings of 6/18,
6/25.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Cable N Commission Minutes of 7/11/18 Supporting Documentation
City Council Proceedings of 7/2/18 Supporting Documentation
City Council Proceedings of 7/9/18 Supporting Documentation
Five Flags Civic Center Commission Minutes of 6/25/18 Supporting Documentation
Housing Commission Minutes of 6/26/18 Supporting Documentation
Library Board of Trustees Council Update#172 of Supporting Documentation
6/28/18
Zoning Advisory Commission Minutes of 7/5/18 Supporting Documentation
Zoning Board of Adjustment of 6/28/18 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
6/18/18
Proof of Publication for City Council Proceedings of Supporting Documentation
6/25/18
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on July 2, 2018 in the
Historic Federal Building, 350 W. 6�h Street.
Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios, 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
PRESENTATIONS
1 . Association of State Floodplain Managers' Award for the Bee Branch Watershed
Flood Mitigation Project: Civil Engineer Deron Muerhing presented the 2018 James Lee
Witt Local Award for Excellence in Floodplain Excellence from the Association of State
Floodplain Managers for the Bee Branch Watershed Flood Mitigation Project to the City
Council.
2. 1000 Friends of lowa Award for the Bee Branch Creek Restoration Project: Civil
Engineer Deron Muehring presented the 1000 Friend of lowa 2017 Best Development
Jurors' Choice Award for the Bee Branch Creek Restoration Project to the City Council.
CONSENTITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Shaw. Motion carried 7-0.
1 . Minutes and Reports Submitted: City Council Proceedings of 6/18, 6/25; Five Flags
Civic Center Commission of 5/16; Library Board of Trustees of 4/26; Proof of Publication
for City Council Proceedings of 6/4; Proof of Publication for List of Claims and Summary
of Revenues for Month Ending 5/31 . Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Sherry Saunders for vehicle damage, Allan Simms for
vehicle damage, Donna Stecher for personal injury. Upon motion the documents were
received, filed, and referred to the City Attorney
3. Disposition of Suits: 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: Rainbo Oil Company for property damage, Sherry Saunders for vehicle
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damage, Allan Simms for vehicle damage, Donna Stecher for personal injury. Upon
motion the documents 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
approved.
5. GFOA Certificate of Achievement for Excellence in Financial Reporting: City
Manager transmitting the 30th Consecutive Certificate of Achievement for Excellence in
Financial Reporting received from the Government Finance Officers Association that
recognizes the City's Comprehensive Annual Financial Report (CAFR). Upon motion the
document was received and filed.
6. 2018 City of Dubuque Water Quality Report: City Manager providing notice that the
City of Dubuque has published its annual water quality consumer confidence report. Upon
motion the document was received and filed.
7. Letter of Support for Steeple Square: City Manager requesting approval to submit a
Letter of Support for the Steeple Square project. Upon motion the document was
received, filed and approved.
8. Annual Public Housing Agency (PHA) Plan: City Manager recommending approval
of the submission of the Annual Public Housing Agency Plan along with the Certificate for
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.
203-18 Authorizing the Mayor to execute the Certification by State or Local Office of
Public Housing Agency (PHA) Plan is consistent with the Consolidated Plan and approval
of the PHA Annual Plan was adopted.
9. Delinquent Weed/Grass Cutting and Garbage/Junk Collection Accounts (Health
Services): City Manager recommending approval of the levy of special assessments for
Weed/Junk/Garbage Enforcement Programs with the Health Services Department for
properties enforced on from October 13, 2017 to June 4, 2018. Upon motion the
documents were received and filed, and Resolution No. 196-18 Adopting the Schedule of
Assessments for 2018 and directing the City Clerk to certify the Schedule of Assessments
to the County Treasurer and to publish notice thereof was adopted.
10. Port of Dubuque Marina Temporary Position: City Manager recommending that the
creation of a temporary seasonal Assistant Marina Manager position for the 2018 season.
Upon motion the documents were received, filed and approved.
11 . Medical Plan Administrative Services Fee and Stop Loss Insurance Coverage
Renewal: City Manager recommending renewal of the Medical Plan Administrative
Services Fee and Stop Loss Insurance Coverage. Upon motion the documents were
received, filed and approved.
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12. Gallagher Benefit Services Renewal Proposal: City Manager recommending
approval of the renewal proposal from Gallagher Benefit Services, Inc. for benefit
consulting and actuarial services effective July 1 , 2018 through June 30, 2019 and
authorize the City Manager to sign the Amendment. Upon motion the documents were
received, filed and approved.
13. PetData, Inc. -Renewal of Contract for Pet Licensing Services: City Manager
recommending approval of a contract renewal with PetData, the company providing pet
licensing services for the City. Upon motion the documents were received, filed and
approved.
14. Creek Wood Park Construction Project Award: City Manager recommending that
the award for the Creek Wood Park Construction Project be officially recorded in the
minutes of the City Council. Upon motion the documents were received, filed and made
a Matter of Record.
15. Flora Park Waterproofing Project Award: City Manager recommending that the
award for the Flora Park Maintenance Building Waterproofing Project be officially
recorded in the minutes of the City Council. Upon motion the documents were received,
filed and made a Matter of Record.
16. Flora Park Playground Project Award: City Manager recommending that the award
for the Flora Park Playground Equipment and Installation Project be officially recorded in
the minutes of the City Council. Upon motion the documents were received, filed and
made a Matter of Record.
17. Veteran's Park Pickle Ball Court Construction Project Award: City Manager
recommending that the award forthe Veteran's Park Pickle Ball Courts Project to Midwest
Concrete, Inc., be officially recorded in the minutes of the City Council. Upon motion the
documents were received, filed and made a Matter of Record.
18. Fiscal Year 2017 Sewershed 10 Manhole Project Acceptance: City Manager
recommending acceptance of the public improvement construction contract for the FY17
Sewershed 10 Sanitary Sewer Manhole Project, as completed by Drew Cook & Sons
Excavating. Upon motion the documents were received and filed, and Resolution No.
197-18 Accepting the FY17 Sewershed 10 Sanitary Sewer Manhole Project was adopted.
19. John F. Kennedy Road Concrete Panel Replacement Project: City Manager
recommending that the award for the John F. Kennedy Concrete Panel Replacement
Project to Drew Cook & Sons Excavating 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.
20. Consultant Selection for Central Avenue Corridor Streetscape Master Plan: City
Manager recommending selection of RDG Planning & Design as the consultant for the
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Central Avenue Corridor Streetscape Master Plan process. Upon motion the documents
were received, filed and approved.
21 . Collective Bargaining Agreement Between the City of Dubuque and the Dubuque
Police Protective Association: City Manager transmitting the results of the arbitration
hearing related to the Collective Bargaining Agreement between the City of Dubuque and
the Dubuque Police Protective Association. Upon motion the documents were received
and filed.
22. License Agreement between City of Dubuque and NVIDIA Corporation: City
Manager providing the License Agreement between the City of Dubuque and NVIDIA
Corporation to allow the sharing of certain traffic information. Upon motion the documents
were received and filed.
23. Swiss Valley Interchange Project Approving Plats, Accepting Deeds and
Easement: Senior Counsel recommending approval of a resolution accepting IDOT Plats,
Warranty Deed and Easement for the Storm Sewer from DMASWA and Quit Claim Deed
from William and Joyce Watters for the Swiss Valley Interchange Project. Upon motion
the documents were received and filed, and Resolution No. 198-18 Approving Acquisition
Plats from the lowa Department of Transportation for the Swiss Valley Interchange
Project for the Landfill Frontage Road; Accepting the Related Warranty Deed and
Easement for Storm Sewer from Dubuque Metropolitan Area Solid Waste Agency; and
Accepting the Related Quitclaim Deed from William J. Watters and Joyce E. Watters was
adopted.
24. Proposed amendment to Master Co-location and Shared Services Agreement
between the City of Dubuque and ImOn Communications LLC: City Manager
recommending approval of an amendment to an existing Master Agreement and Project
Statement in place between the City of Dubuque and ImOn Communications LLC. Upon
motion the documents were received, filed and approved.
25. Signed Contract(s): Blackstone Environmental, Inc., to provide professional
environmental consulting services to the City of Dubuque related to an environmental
assessment review of the Morrison Brothers' 24th Street facility. Upon motion the
documents were received and filed.
26. Improvement Contracts / Performance, Payment and Maintenance Bonds: Drew
Cook & Son Excavating Co., Inc. for the Cummins Street Retaining Wall Reconstruction
Project; Eastern lowa Excavating & Concrete, LLC for the HMA Milling and Resurfacing
Project US52 White and 11th St.; Langman Construction, Inc., for the 17th Street Storm
Sewer Improvements Elm St. to Heeb St. Project; Reuter Mechanical, Inc. (dba East lowa
Construction) for the 2018 Asphalt Overlay Ramp Project Four; S&S Builders for the
Stump and Sidewalk Removal and Repair Project; Top Grade Excavating Inc. for the 30-
Inch Sanitary Sewer Force Main Relocation Phase III Washington St. (7th St. to 9th St.).
Upon motion the documents were received, filed and approved.
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27. 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. 199-18 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.
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.
1 . Thompson Truck and Trailer, LLC Lease: City Manager recommending that the City
Council set a Public Hearing for July 16, 2018, on a Lease Agreement between the City
of Dubuque and Thompson Truck and Trailer LLC. Upon motion the documents were
received and filed, and Resolution No. 200-18 Resolution of Intent to dispose of an
interest in real property owned by the City of Dubuque by lease between the City of
Dubuque, lowa and Thompson Truck and Trailer, LLC a Delaware Corporation was
adopted setting a public hearing for a meeting to commence at 6:00 p.m. on July 16, 2018
in the Historic Federal Building.
BOARDS/COMMISSIONS
Applicant(s) were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions.
1 . Electrical Code Board: One, 3-year term through May 21 , 2020 (Expiring term of
Dowell). Applicant: Tom Townsend, 1940 Amelia Dr. Mr. Townsend spoke in support of
his appointment and provided a brief biography.
Appointments were made to the following Boards/Commissions.
2. Resilient Community Advisory Commission:
Cross Representation Position: One, 3-year term through June 30, 2021 (Expiring
Cross Representation term of Roussell). Applicant: Laura Roussell, 3224 Bittersweet Ln.
Motion by Jones to appoint Ms. Roussell to the 3-year term. Seconded by Larson. Motion
carried 7-0.
At-Large: Two, 3-year terms through June 30, 2021 (Expiring At-Large terms of Booth,
Darr). Applicants: Sara Booth, 876 Yale Ct. #3; Benjamin Darr, 419 Winona St.; Lalith
Jayawickrama, 2360 Cherry St.; Laura Roussell, 3224 Bittersweet Ln. Upon roll-call vote,
Ms. Booth and Mr. Darr were appointed to 3-year terms. (Vote: Both = Resnick, Buol,
Jones, Larson, Del Toro; Darr = Shaw, Rios, Jones, Larson, Del Toro; Jayawackrama =
Shaw, Resnick, Rios, Buol; Roussell = -0-)
PUBLIC INPUT
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Action Item No. 4 Tiered Inspection Program: Lynn Sutton, 859 Air Hill, expressed her
concerns regarding the Tiered Inspection Program stating that there is a lack of clarity in
the wording and asking how it differed from the November 2017 document. She added
that she believes property inspection rotations are not being followed on problem
properties and that inspection enforcement fines are being forgiven.
Antonin Erba, 1505 Fairview, expressed his concerns overwhat he perceived as a lack
of citizen input into the Tiered Inspection Program and asked if tenants had been solicited
for input. Mr. Erba also related a personal story about his previous horrific living
conditions.
Action Item No. 1 John F. Kennedy Rd. Sidewalks (from Asbury Road to the NW
Arterial):
Citizens who spoke in opposition to the item included: Joleen and Mike Rettenberger,
2291 Gordon Dr.; Carol Meyer, 2644 JFK. Rd.; and Sheri Clancy, 2691 Marywood Dr.
Speakers cited a lack of need, heavy traffic and speeds unsafe for sidewalks, issues with
property owners removing snow from rear lot lines and the financial assessment burden
of the project.
Citizens who spoke in support included: Todd Gilligan, 2999 Olde Country Ln.; Steve
Molina, 3285 Spring Valley Rd.; Bill Stoffel, 2905 Fox Hollow Dr.; Sally Shearer, 2935 Fox
Hollow Dr.; Gary Cording, 3210 Spring Valley Rd.; and Mark Neemers, 801 Davis St.
Speakers cited a need for accessibility to walking trails and area amenities, the need for
pedestrian safety, and the burgeoning development of the area resulting in increased
pedestrian traffic.
Action Item No. 2 Five Flags Civic Center Assessment and Study: Citizens who spoke
in support of the item included: Antonin Erba, 1505 Fairview PI.; Mark Wahlert, 1525
Douglas St.; Mark Heiderscheit, 3074 Sundown Ct.; Helen Magee, 611 S. Grandview
Ave.; Bill Stoffel, 2905 Fox Hollow Rd.; John Perry, 250 W. 6�h St.; John Pregler, 1525
Pego Ct.
ACTION ITEMS
1 . John F. Kennedy Road Sidewalks: City Manager transmitting information about the
John F. Kennedy Road sidewalks. Following lengthy discussion, restated motion by
Jones to advance the public improvement project as usual with the condition that the City
would be responsible for snow removal in the block adjacent to the Gordon Drive
properties. City Engineer provided information on why sidewalks might not exist in some
other areas of town due to issues with right-of-way, easements and property ownership.
Motion carried 5-2 with Rios and Del Toro voting nay.
2. Five Flags Civic CenterAssessment and Study: Five Flags Civic Center Commission
submitting the Assessment and Study and Report regarding the future of the Five Flags
Civic Center and recommending that the City Council select Scenario #4. City Manager
providing information on downtown parking availability. Following lengthy discussion,
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Motion by Jones to receive and file the documents. Seconded by Rios. Motion carried 5-
2 with Resnick and Del Toro voting nay.
3. Memorandum of Understanding with IADU Table Mound MHP, LLC: City Manager
recommending approval of a Memorandum of Understanding (MOU) with IADU Table
Mound MHP, LLC (Table Mound) for the repairs and improvements to its water
distribution system, sanitary sewer collection system, to make the system compliant with
lowa Department of Natural Resources (IDNR) requirements and to City standards, and
to dedicate portions of the system to the City. Motion by Resnick to receive and file the
documents and adopt Resolution No. 201-18 Approving a Memorandum of
Understanding between the City of Dubuque and IADU Table Mound MHP, LLC for
repairs and improvements to its water distribution and sanitary sewer collection system.
Seconded by Shaw. Motion carried 7-0.
4. Rental Housing Tiered Inspection Program - Code Amendment and Adoption of
Program: City Manager recommending 1) Passage of an ordinance amending the City of
Dubuque Code of Ordinances Title 14, Chapter 1 Building Codes, Article J Property
Maintenance Code, Section 14-1 J-3 Rental Licenses; and 2) Adoption of the resolution
allowing the City Manager to implement and amend the Tiered Inspection Program as
needed to achieve outcomes described in the City Council's Goals & Priorities. Motion by
Jones 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 carried
7-0.
Motion by Jones for final consideration and passage of Ordinance No. 21-18 Amending
City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article J Property Maintenance Code, Section 14-1JRental Licenses.
Seconded by Shaw. Motion carried 7-0.
Motion by Jones to adopt Resolution No. 202-18 Resolution of the City Council of the
City of Dubuque, lowa adopting the Rental Housing Tiered Inspection Program.
Seconded by Shaw. Motion carried 7-0.
5. Code of Ordinances Amendment - Title 10 Park and Recreation Advisory
Commission: City Manager recommending approval of an ordinance which adds a new
Section 10-5A-2 which establishes the Park and Recreation Advisory Commission and
provides for the powers, operation, membership and meetings. Motion by Jones 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 Larson. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 22-18 Amending
City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 5 Parks
and Recreation, Article A Administration by repealing Section 10-5A-2 Park and
Recreation Advisory Commission and adopting a new section 10-5A-2 Park and
Recreation Advisory Commission in lieu thereof Establishing the Park and Recreation
Advisory Commission and providing for the Powers, Operation, Membership, and
Meetings. Seconded by Shaw. Motion carried 7-0.
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6. Code of Ordinances Amendment - Title 10 Open Season and Hours for Certain City
Recreational Spaces: City Manager recommending adoption of an ordinance which
prohibits camping in all parks, parkways, trails, and open spaces, except Miller-Riverview
Park, unless approved by the City Manager or through a special events permit. Motion by
Larson 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 carried
7-0.
Motion by Larson for final consideration and passage of Ordinance No. 23-18
Amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property,
Chapter 5 Parks and Recreation, Article B Use Regulations, Section 10-5B-22 Open
Season and Hours Generally. Seconded by Resnick. Motion carried 6-1 with Larson
voting nay.
7. Code of Ordinances Amendment - Title 1 Mayor Pro Tem: City Manager
recommending adoption of an ordinance amendment that provides for the prior
appointment of a presiding officer in the event the Mayor and Mayor Pro Tem are absent
or participating by telephone and cannot preside over a City Council meeting. Motion by
Resnick 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 Resnick for final consideration and passage of Ordinance No. 24-18
Amending City of Dubuque Code of Ordinances Title 1 Administration, Chapter 6 Mayor
and City Council, Section 1-6-3 Mayor Pro Tem. Seconded by Jones. Motion carried 7-0.
8. Biogas Conversion Project Video: The Cable TV Division showed a video on the
Biogas Conversion Project and media conference recently held at the Water & Resource
Recovery Center. Motion by Jones to receive and file the information. Seconded by Shaw.
Motion carried 7-0.
9. SW Arterial Construction Update Video: The Cable TV Division showed a video of
the recent progress of the Southwest Arterial Project (June 2018). Motion by Resnick to
receive and file the information. Seconded by Shaw. Motion carried 7-0.
CLOSED SESSION
Motion by Jones at 9:03 p.m.to convene in closed session to discuss pending litigation
and real estate transfer negotiations pursuant to Chapter 21 .5(1)(c), -Q) Code of lowa.
Seconded by Resnick. Mayor Buol 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.
Upon motion the City Council reconvened in open session at 936 p.m. stating that
staff had been given proper direction.
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There being no further business, upon motion the City Council adjourned at 937 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
1 t 7/11
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