Minutes_City Council Proceedings 7 16 18 Copyrighted
August 6, 2018
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of 7/23, 7/30; Housing
Commission of 7/11; Housing Commission Work Session
of 7/10; Human Rights Commission of 6/11 ; Investment
Oversight Advisory Commission of 7/26; Library Board of
Trustees of 5/24; Zoning Board of Adjustment of 7/26;
Proof of Publication for City Council Proceedings of 7/2,
7/9; Proof of Publication for List of Claims and Summary of
Revenues for Month Ending 6/30
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
City Council Proceedings of 7/16/18 Supporting Documentation
City Council Proceedings of 7/23/18 Supporting Documentation
Housing Commission Minutes of 7/10/18 Supporting Documentation
Human Rights Commission Minutes of 7/11/18 Supporting Documentation
InvestmentOversightAdvisory Commission Minutesof Supporting Documentation
7/26/18
Library Board of Trustees of 5/24/18 Supporting Documentation
Zoning Board of Adjustment Minutes of 5/24/18 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
7/2/18
Proof of Publication for City Council Proceedings of Supporting Documentation
7/9/18
Proof of Publication for List of Claims/Summary of Supporting Documentation
Revenues for ME 6/30/18
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on July 16, 2018 in the
Historic Federal Building, 350 W. 6�h Street.
Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Shaw; City
Manager Van Milligen, City Attorney Brumwell
Absent: Council Member Rios
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
1 . lowa Department of Transportation Transit Manager of the Year Award: City
Manager Van Milligen recognized Transportation Services Manager Candace Eudaley-
Loebach with the "Transit Manager of the Year" from the lowa Public Transit Association
and the lowa DOT.
PROCLAMATION(S)
1 . Abraham Lincoln Day (July 17, 2018) was accepted by John Pregler, 1525 Pego
Court.
2. Dubuque County Fair Week (July 24-29, 2018)was accepted by Kevin Kotz, General
Manager for the Dubuque County Fair Grounds.
CONSENTITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Jones. Council Member Shaw requested #14 be
held for separate discussion. Council Member Del Toro requested that #18 be held for
separate discussion Motion carried 6-0
1 . Minutes and Reports Submitted: Cable TV 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. Upon motion the documents were received and
filed.
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2. Notice of Claims and Suits: Kimberly Erickson for vehicle damage, Robert Johnsen
for vehicle damage, Anthony King for vehicle damage, Justin Mills for vehicle damage,
Jane Marie Walsh for property 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: Kimberly Erickson for vehicle damage, Robert Johnsen for vehicle
damage, Anthony King for vehicle damage, Justin Mills for vehicle damage, Jane Marie
Walsh for vehicle damage. 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. Rock Farm Holdings, Inc. Contract Amendment with lowa Economic Development
Authority (IEDA): City Manager recommending approval of an amendment to a Contract
among the lowa Economic Development Authority, Rockfarm Holdings, Inc. and the City
of Dubuque for financial benefits for Rockfarm Holdings, Inc. Upon motion the documents
were received and filed, and Resolution No. 204-18 Approving an Amendment to the
Economic Development Financial Assistance Contract by and among Rockfarm
Holdings, Inc., the City of Dubuque, and the lowa Economic Development Authority was
adopted.
6. Continuum of Care (CoC) Special Needs Assistance Program (SNAP): City
Manager recommending authorization of a one-year renewal application to the U.S.
Department of Housing & Urban Development (HUD) for the administration of the
Continuum of Care Special Needs Assistance Program, which provides rental assistance
to homeless persons with disabilities. Upon motion the documents were received and
filed, and Resolution No. 205-18 Authorizing the Mayor to execute an application for the
Continuum of Care Grant and Authorizing the Director of Housing and Community
Development and the City Manager to approve the application was adopted.
7. Contracted Service Agreement with America's River Corporation for Fiscal Year
2019: City Manager recommending execution of the Fiscal Year 2019 Contracted Service
Agreement with America's River Corporation. Upon motion the documents were received,
filed and approved.
8. Creek Wood Park - Timber-Hyrst Estates Covenant Variance: City Manager
transmitting a covenant variance for the second lot received from North Cascade
Developers, LLC for Creek Wood Park in Timber-Hyrst Estates. Upon motion the
documents were received and filed.
9. Washington Park Gazebo Painting Project Award: City Manager recommending that
the award for the Washington Park Gazebo Painting Project to Colonial Painting and
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Decorating be officially recorded in the minutes of the City Council. Upon motion the
documents were received, filed and made a Matter of Record.
10. Final Plat for Jule Place: Zoning Advisory Commission recommending approval of
the Final Plat for Jule Place. Upon motion the documents were received and filed, and
Resolution No. 206-18 Approving the Final Plat of Jule Place in the City of Dubuque, lowa
was adopted.
11 . Pre-Annexation Agreement - Donald and Carol March: City Manager
recommending approval of a Pre-Annexation Agreement with Donald J. and Carol S.
March, for property located at 14483 North Cascade Road, in conjunction with their
request to connect to City water. Upon motion the documents were received and filed,
and Resolution No. 207-18 Approving a Pre-Annexation Agreement between the City of
Dubuque, lowa and Donald J. and Carol S. March was adopted.
12. Fiscal Year 2019 Workers Compensation Excess Insurance Renewal: City
Manager recommending approval of the workers compensation excess insurance
renewal rate submitted by Safety National, our current carrier, effective July 1 , 2018
through June 30, 2019. Upon motion the documents were received, filed and approved.
13. 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 to purchase equipment for the Dubuque Regional Airport and the Cable TV
Control Room in the City Hall Annex. Upon motion the documents were received, filed
and approved.
14. Monthly Rental Assistance Payment Approval: City Manager recommending
approval of the Consolidated Annual Contributions Contract and approval of all monthly
rental assistance payments to participating landlords not to exceed the agreement
threshold for spending. Motion by Shaw to receive and file and adopt Resolution No. 208-
18 Approval of certain Housing Department Construction Contracts to allow for timely
payment to vendors. Seconded by Resnick. Council Member Shaw expressed his
opposition to the State Auditor's demands on municipal expenditures and agreed with the
City Manager's process to expedite payments. Motion carried 6-0.
15. Grant Application for Lead and Healthy Homes Submission: City Manager
recommending approval of an application to the U.S. Department of Housing and Urban
Development (HUD) for continuation of the Lead-Based Paint Hazard Reduction
Program. Upon motion the documents were received and filed, and Resolution No. 209-
18 Authorizing the Mayor to execute and application for HUD Lead Paint Hazard Control
and Healthy Homes Program Grant was adopted.
16. Downtown Rehabilitation and Housing Grant Programs: City Manager
recommending approval of six Downtown Rehabilitation and Housing Grant Awards for
the 2nd Quarter of 2018. Upon motion the documents were received and filed, and
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Resolution No. 210-18 Approving Grant Agreements by and between the City of
Dubuque, lowa and TBill's Properties, LLC; Melissa Hammerand; Janice Esser;
Westward Capital Management, LLC; Lakeside Investments, LLC; and Brian Lammers,
providing for powntown Rehabilitation Grants for the redevelopment of certain properties
in the City of Dubuque was adopted.
17. National Recreation and Park Association Grant Application for Comiskey Park:
City Manager recommending authorization to apply for a grant from the 2018 Great Urban
Parks Campaign sponsored by the National Recreation and Park Association for
implementation of the Comiskey Park Development Project. Upon motion the documents
were received and filed, and Resolution No. 211-18 Authorizing Grant Application to
National Recreation and Park Association for Comiskey Park Development was adopted.
18. City Manager Employment Agreement: City Manager's employment agreement
submitted for Council approval. Motion by Jones to receive and file the documents and
adopt Resolution No. 212-18 Establishing the Compensation of the City Manager.
Seconded by Larson. Council Member Del Toro expressed his concerns with the
automatic, annual increase in the Manager's car allowance and could not support it being
tied to the salary increase without exhibiting a need appropriate to the position. Mr. Del
Toro also expressed support for hard caps on salaries. Motion carried 4-2 with Del Toro
and Shaw voting nay.
19. City Assessor's Office - Notification of Property Tax Appeals: Correspondence from
City Assessor Rick Engelken advising the City of two property tax appeals before the
lowa Property Assessment Board. Upon motion the documents were received and filed.
20. Proposed Amendment to Master Co-location and Shared Services Agreement with
CS Technologies: City Manager recommending approval of an amendment to the Master
Co-Location and Shared Services Agreement between the City of Dubuque and CS
Technologies that would provide broadband capacity and support for a new development
in the Historic Millwork District. Upon motion the documents were received, filed and
approved.
21 . Improvement Contracts/ Pertormance, Payment and Maintenance Bonds: Colonial
Painting & Decorating for the Washington Park Gazebo Painting Project; Drew Cook &
Sons Excavating Co., Inc. for the John F. Kennedy Rd. Concrete Panel Replacement
Project and the Dubuque Skate Park; Game Time/Cunningham Recreation for the Creek
Wood Park Playground. Upon motion the documents were received, filed and approved.
22. Signed Contract(s): Agreement with Kim Herrig for cleaning, housekeeping, and/or
janitorial services at City offices at 300 Main Street; Revocable License for River City
Church Signage; Michael Beck for a bench at 1166 Main St.; LPIKON Properties, LLC for
ADA access at 123 Main St. Upon motion the documents were received and filed.
23. Alcohol and Tobacco License Applications: City Manager recommending approval
of annual liquor, beer, wine and tobacco license applications as submitted. Upon motion
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the documents were received and filed, and Resolution No. 213-18 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; and 214-18 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 Jones 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 Resnick. Motion carried 6-0.
1 . Asbestos Abatement Project for Former Bowling & Beyond Site: City Manager
recommending initiation of the public bidding procedure for the Bowling & Beyond Site —
Asbestos Abatement Project, and further recommends that a public hearing be set for
August 6, 2018. Upon motion the documents were received and filed, and Resolution No.
215-18 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 August 6, 2018 in the Historic Federal Building.
2. Dimensional Brewery Company Development Agreement: City Manager
recommending that the City Council set a public hearing for August 6, 2018 to approve a
Development Agreement with Easy Steve, LLC d/b/a Dimensional Brewing Company for
redevelopment of 67 Main Street, including the proposed issuance of Urban Renewal Tax
Increment Revenue Obligations. Upon motion the documents were received and filed,
and Resolution No. 216-18 Fixing the date for a public hearing of the City Council of the
City of Dubuque, lowa on the approval of a Development Agreement between the City of
Dubuque and Easy Steve, LLC d/b/a Dimensional Brewing Company, including the
proposed issuance of Urban Renewal Tax Increment Revenue Obligations, 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 August 6, 2018 in the Historic Federal Building.
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions.
1 . Building Code and Advisory Appeals Board: One, 3-year term through August 1 ,
2021 (Expiring term of Wilberding). Applicant: Katrina Wilberding, 3715 Asbury Rd.
2. Historic Preservation Commission: One, 3-year term through July 1 , 2019 (Vacant
West 11 th Street Historic District term of Nieto). Applicant: Charles Richard (Rick) Stuter,
1296 Prairie St. (Qualifies as 11th District Rep.). Mr. Stuter spoke in support of his
appointment and provided a brief biography.
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3. Housing Commission: Three, 3-year terms through August 17, 2021 (Vacant At-
Large term of McDonell, Expiring At-Large term of Weitz and Expiring Section 8 Recipient
term of Shumaker). Applicants: Brad Cavanagh, 565 Fenelon PI.; Coralita Shumaker,
2109 Washington St. (Qualifies as Section 8 Recipient); Gail Weitz, 1630 Lori Crt.
4. Housing Trust Fund Advisory Committee: One, 3-yearterm through August 17, 2021
(Expiring term of Holz)). Applicant: Jim Holz, 3010 Indiana Crt.
5. Civil Service Commission: One, 4-year term through April 6, 2022 (Vacant term of
Neuhaus). Applicant: Phil Baskerville, 2945 Van Buren St. Upon Council concurrence,
Mayor Buol appointed Mr. Baskerville to the 4-year term.
6. Electrical Code Board: One, 3-year term through May 21 , 2020 (Expiring term of
Dowell). Applicant: Tom Townsend, 1940 Amelia Dr. Motion by Larson to appoint Mr.
Townsend to the 3-year term. Seconded by Jones. Motion carried 6-0.
PUBLIC HEARINGS
1 . Request to Rezone - Royal Oaks Development Corporation in Conjunction with
Annexation - Tabled from May 21 , 2018 Meeting: City Manager recommending that the
City Council table the public hearing on the rezoning request for Royal Oaks Development
Corporation to a future date to be determined, to allow time for the Zoning Advisory
Commission to reconsider the rezoning at a future date to be determined, and then
provide a recommendation to the City Council. Motion by Jones to remove from the table.
Seconded by Resnick. Motion carried 6-0. Motion by Jones to table the item to a future
date to be determined. Seconded by Del Toro. Motion carried 6-0.
2. Voluntary Annexation -Portion of Silver Oaks Estates (Tabled from the May 21 , 2018
Meeting): City Manager recommending that the City Council table the public hearing on
the voluntary annexation request for Royal Oaks Development Corporation to a future
date to be determined, to allow time for the Zoning Advisory Commission to reconsider
the rezoning at a future date to be determined, and then provide a recommendation to
the City Council. Motion by Jones to removed from the table. Seconded by Resnick.
Motion carried 6-0. Motion by Jones to table to a future date to be determined. Seconded
by Del Toro. Motion carried 6-0.
3. Request to Rezone - 255 John F. Kennedy Road: Proof of publication on notice of
public hearing to consider approval of a request from Key City Investment Company/
Georgie Yiannias to amend the ShopKo PUD Planned Unit Development Zoning District
located at 255 JFK Road to allow development of an out lot and the Zoning Advisory
Commission recommending approval. 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. Real Estate Agent for the applicant, Steve Moore,
spoke in support of the rezoning adding that the lot is "over parked" and can
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accommodate the out lot. Planning Services Manager Laura Carstens provided a staff
report. Motion carried 6-0.
Motion by Larson for final consideration and passage of Ordinance No. 25-18
Amending Title 16, the Unified Development Code of the City of Dubuque Code of
Ordinances by rescinding Ordinance 61-89 and 14-99 which established regulations for
the ShopKo PUD Planned Unit Development District with a Planned Commercial
Designation and now being amended to allow for the development of an out-lot building.
Seconded by Resnick. Motion carried 6-0.
4. Thompson Truck and Trailer, LLC Lease: Proof of publication on notice of public
hearing to consider approval of a Lease Agreement between the City of Dubuque and
Thompson Truck and Trailer, LLC and the City Manager recommending approval. Motion
by ones to receive and file the documents and adopt Resolution No. 217-18 Approving a
Lease Agreement between the City of Dubuque, lowa (City) and Thompson Truck and
Trailer, LLC, a Delaware Corporation (Thompson). Seconded by Del Toro. Motion carried
6-0.
PUBLIC INPUT
Christian Stillings, 1298 Locust Street, expressed his support for net neutrality with
respect to the ongoing enhanced broadband discussions, but was concerned with the
public/private partnerships giving preference to the vendors that provide internet access.
Mr. Stillings added that on behalf of the Campaign for a neutral and democratic internet,
he asked that the City keep moving forward with exploring options.
ACTION ITEMS
1 . Follow-up to June 25, 2018 Work Session on Enhanced Broadband Capacity,
Access and Equity in Dubuque: Information Services Manager Chris Kohlmann, Public
and Sustainable Innovation Consultant David Lyons facilitated a follow-up discussion to
the June 25, 2018 City Council Work Session on Enhanced Broadband Capacity, Access
and Equity in Dubuque prior to City Council Goal Setting. The presenters responded to
questions from the City Council regarding the definition of net neutrality; the inability to
guarantee net-neutral providers, service and privacy; financial capacity for net-neutral
competition; country-wide state legislation prohibiting municipal internet, possible
litigation; assistance from public/private partnerships; data harvesting at the application
level and network level; ultimate control of a system, the potential for state and federal
pre-emption at any time; and the need for lobbying public policy at the state and federal
levels.
2. Mural Information: City Attorney providing information on murals. Motion by Larson
to receive and file the information Seconded by Del Toro. Motion carried 6-0. City Council
discussion included murals remaining an issue for private property owners, retaining
artistic expression and control, over-saturation, preserving historic accuracy, Council's
and the public's perception of art, long-term maintenance responsibility and ownership,
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reviewing other communities' best practices. The Council concurred that continued
discussion is needed.
3. Code of Ordinances Amendment Title 14 Vacant and/or Abandoned Buildings: City
Manager recommending approval of an amendment to the City of Dubuque Code of
Ordinances, Title 14, Chapter 4 Licensing of Vacant and/or Abandoned Buildings. 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 Del Toro. Motion carried
6-0.
Motion by Jones for final consideration and passage of Ordinance No. 26-18 Amending
City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 4
Licensing of Vacant and/or Abandoned Buildings, Section 14-4-1 Definitions. Seconded
by Del Toro. Motion carried 6-0.
4. Request to Schedule Work Session - Inclusive Dubuque: City Manager
recommending that the City Council schedule the Inclusive Dubuque work session for
September 10, 2018 at 6:00 p.m. in the Historic Federal Building. Motion by Resnick to
receive and file the documents and schedule the work session as recommended.
Seconded by Del Toro. Motion carried 6-0.
5. Request to Schedule Work Session - Project HOPE: City Manager recommending
that the City Council schedule a work session for a Project HOPE Update at 530 p.m. on
August 6, 2018 in the Historic Federal Building. Motion by Del Toro to receive and file the
documents and schedule the work session as recommended. Seconded by Larson.
Motion carried 6-0.
COUNCIL MEMBER REPORTS
Council Member Jones reported on the death of Key West Volunteer Fire Chief Brian
Arnold and Dubuque County Sheriff's Deputy Mark Oberhoffer.
Council Member Resnick reported on a citizen inquiry concerned with the closure of
5�h Street being considered with the possible Five Flags Civic Center redesign requesting
that Council discuss traffic flow concerns during the August Council goal setting.
Council Member Larson congratulated the Leisure Services Department, the Park and
Recreation Commission and the Kids in Dubuque Skate (KIDS) Campaign forthe success
of the skate park project and recent ground breaking.
There being no further business, upon motion the City Council adjourned at 733 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
1 t 7/25
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