Minutes_City Council Proceedings of 8 20 18 Copyrighted
September 4, 2018
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings for 8/20; Community
Development Advisory Commission of 8/15; Library Board
of Trustees of 6/28; Library Board of Trustees Council
Update #174 of 8/24; Proof of Publication for City Council
proceedings of 7/16, 8/6, 8/8, 8/14; Proof of Publication for
List of Claims and Summary of Revenues for Month Ending
7/31.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
City Council Proceedings of 8/20/18 Supporting Documentation
CDAC Minutes of 8/15/18 Supporting Documentation
Library Board of Trustees Minutes of 6/28/18 Supporting Documentation
Library Board of Trustees Update#174 of 8/24/18 Supporting Documentation
Proof of Publication - Council Proceedings of 7/16/18 Supporting Documentation
Proof of Publication - Council Proceedings of 8/6/18 Supporting Documentation
Proof of Publication - Council Proceedings of 8/8/18 Supporting Documentation
Proof of Publication - Council Proceedings of 8/14/18 Supporting Documentation
Proof of Publication - List of Claims/Summary of Supporting Documentation
Revenues ME 7/13/18
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on August 20, 2018in
the Historic Federal Building, 350 W. 6�h Street.
Present: Mayor Buol; Council Members Del Toro, Jones, Larson, Resnick, Rios; City
Manager Van Milligen, City Attorney Brumwell
Absent: Council Member Shaw
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
CONSENTITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Jones. Council Member Larson requested #1 be
held for separate discussion. Motion carried 6-0.
1 . Minutes and Reports Submitted: City Council Proceedings of 8/6, 8/8, 8/13, 8/14,
8/15; Civil Service Commission of 6/26, 7/26, 7/31 ; Community Development Advisory
Commission of 7/18; Housing Commission of 7/24; Library Board of Trustees Council
Update #173 of 7/26; Resilient Community Advisory Commission of 4/5, 5/3, 6/7; Zoning
Advisory Commission of 8/1 ; Proof of Publication for City Council Proceedings of 7/23.
Motion by Larson to receive and file the documents. Seconded by Resnick. Ms. Larson
thanked the members of the boards and commissions that provided feedback to the City
Council for this year's goal setting session. Motion carried 6-0.
2. Notice of Claims and Suits: Thomas Coyle for vehicle damage; Robert Duster for
property damage; Channing Ellison for vehicle damage; Robert Johnsen/Nationwide for
vehicle damage; TFM, Co. for property damage; Daniel and Christina True 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: Thomas Coyle for vehicle damage, Channing Ellison for vehicle
damage; TFM Co. for property damage, Daniel and Christina True for property damage.
Upon motion the documents were received, filed and concurred.
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4. Approval of City Expenditures: City Manager recommending City Council approval
for payment of City expenditures. Upon motion the documents were received, filed and
approved.
5. Travel Dubuque Letter of Support for Five Flags Center Redevelopment:
Correspondence from the Travel Dubuque Board / Convention and Visitors Bureau in
support of a Five Flags Civic Center redevelopment. Upon motion the document was
received and filed.
6. Greater Dubuque Development Corporation Annual Report 2017-2018: City
Manager providing a copy of the Greater Dubuque Development Corporation Annual
Report 2017-2018. Upon motion the document was received and filed.
7. Civil Service Commission - Certified List: Civil Service Commission submitting the
Certified List for the position of Assistant Planner. Upon motion the documents were
received, filed, and made a Matter of Record.
8. Acceptance of Property at 686-688 University Avenue: City Manager recommending
approval of a resolution accepting a Quit Claim Deed and Affidavit of Surviving Spouse
for property at 686-688 University Avenue. Upon motion the documents were received
and filed, and Resolution No. 240-18 Approving the acquisition of real estate owned by
Deane C. and Manolita C. Dement, in the City of Dubuque, lowa was adopted.
9. Request for Proposals - Downtown Commercial Building Exterior Evaluation and
Assessment Project: City Manager recommending approval of the release of a Request
for Proposals for qualified firms to undertake the Downtown Commercial Building
Evaluation and Assessment Project. Upon motion the documents were received, filed and
approved.
10. Medline Industries, Inc. Contract with lowa Economic Development Authority: City
Manager recommending approval of an Economic Development Assistance Contract by
and among Medline Industries, Inc., MREDIA, LLC (Medline), the City of Dubuque, and
the lowa Economic Development Authority. Upon motion the documents were received
and filed, and Resolution No. 241-18 Authorizing the execution of an Economic
Development Assistance Contract by and among Medline Industries, Inc., MREDIA, LLC,
the City of Dubuque, lowa, and the lowa Economic Development Authority was adopted.
11 . Washington Neighborhood / Housing Trust Fund Application Match: City Manager
recommending approval to commit funds from the Greater powntown Tax Increment
Financing Urban Renewal District as budgeted to be used as a match to the Housing
Trust Fund Committee's application to the lowa Finance Authority for a grant from the
State Housing Trust Fund for continued support of homeownership and rehabilitation
activities in the Washington Neighborhood. Upon motion the documents were received
and filed, and Resolution No. 242-18 Approving commitment of matching funds for
application to the lowa Finance Authority (IFA) for State Housing Trust Funds was
adopted.
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12. Certified Local Government (CLG) Grant Application for Preservation Planning —
Four Mounds Park: City Manager recommending approval of Four Mounds Foundation's
grant application through the Certified Local Government Program for preservation
planning for long-term protection of the Burial Mounds Area at Four Mounds Park. Upon
motion the documents were received and filed, and Resolution No. 243-18 approving a
CLG grant application to State Historic Preservation Office for Preservation Planning at
Four Mounds Estate Historic District was adopted.
13. Certified Local Government (CLG) Grant Application - Preserve lowa Summit: City
Manager recommending approval of the City's application for a Certified Local
Government (CLG) Program Grant for hosting the 2020 Preserve lowa Summit at the
invitation of the State Historical Society of lowa, and approval of a resolution for Dubuque
to host the 2020 Preserve lowa Summit. Upon motion the documents were received and
filed, and Resolution No. 244-18 Approving CLG Grant Application to State Historic
Preservation Office for hosting the 2020 Preserve lowa Summit was adopted.
14. Cottingham & Butler Insurance Services, Inc., Contract Amendment: City Manager
recommending approval of a resolution authorizing an amendment to Contract 15-DF-
034 by and among Cottingham & Butler Insurance Services, Inc., the City of Dubuque,
and the lowa Economic Development Authority. Upon motion the documents were
received and filed, and Resolution No. 245-18 Approving an amendment to the Economic
Development Financial Assistance Contract by and among Cottingham & Butler
Insurance Services, Inc., the City of Dubuque, lowa, and the lowa Economic
Development Authority was adopted.
15. Tri-State Occupational Health Agreement Amendment: City Manager
recommending approval of an Amendment to the Agreement between Tri-State
Occupational Health, L.L.C. and the City of Dubuque for case management services for
workers compensation claims and police and fire job related injuries and illnesses. Upon
motion the documents were received, filed and approved.
16. International Union of Operating Engineers, Local #234 Amendment to the
Collective Bargaining Agreement: City Manager recommending approval of an
Amendment to the Collective Bargaining Agreement between the City of Dubuque and
the International Union of Operating Engineers, Local #234, to provide for a work week
that consists of ten hours per day and four days per week for full-time Public Safety
Dispatchers. Upon motion the documents were received, filed and approved.
17. Key West Fire Department - Accepting Sanitary Sewer Easement: City Manager
recommending acceptance of a Grant of Easement from the Key West Community Fire
Department, Inc. for a Sanitary Sewer Utility across Part of Lot 1 of Twin Ridge
Subdivision No. 2 in Dubuque County as part of the Twin Ridge Lift Station Abandonment
Project. Upon motion the documents were received and filed, and Resolution No. 246-18
Accepting a Grant of Easement for Sanitary Sewer Utility Across Part of Lot 1 of Twin
Ridge Subdivision No. 2, in the County of Dubuque, lowa was adopted.
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18. Bowling & Beyond Site - Asbestos Abatement Project Award: City Manager
recommending award of the construction contract for the Bowling & Beyond Site -
Asbestos Abatement Project to the low bidder Advanced Environmental Testing &
Abatement. Upon motion the documentswere received and filed, and Resolution No. 247-
18 Awarding Public Improvement Contract for the Bowing & Beyond Site - Asbestos
Abatement Project was adopted.
19. Washington Park Gazebo Painting Project Acceptance: City Manager
recommending acceptance of the Washington Park Gazebo Painting Project as
completed by Colonial Painting and Decorating, Inc. Upon motion the documents were
received and filed, and Resolution No. 248-18 Accepting the Washington Park Gazebo
Painting Project and Authorizing the payment of the contract amount to the contractor
was adopted.
20. Adopting Code Supplement No. 29: City Clerk recommending adoption of
Supplement No. 29 to the City of Dubuque Code of Ordinances. Upon motion the
documents were received and filed, and Resolution No. 249-18 Adopting Supplement No.
29 to the Code of Ordinances of the City of Dubuque, lowa was adopted.
21 . Signed Contract(s): Municipal Collections of America, Inc., Collection Services
Agreement; Dubuque Community School District Revocable License for use of right-of-
way at Alta Vista Campus. Upon motion the documents were received and filed.
22. Improvement Contracts/ Performance, Payment and Maintenance Bonds: Midwest
Concrete, Inc., for Veterans Park Pickleball Court Construction Project. Upon motion the
documents were received, filed and approved.
23. 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. 250-18 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 Del Toro 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 Jones. Motion carried 6-0.
1 . Intent to Dispose of an Interest in Real Property to Southwestco Wireless, Inc. D/B/A
Verizon Wireless: City Manager recommending recommend the City Council set a public
hearing for September 4, 2018, to dispose of an interest in real property owned by the
City of Dubuque by lease between the City of Dubuque, lowa and Southwestco Wireless,
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Inc. d/b/a Verizon Wireless or proposed placement of a small cell and associated
equipment in the public right-of-way at the northeast corner of the intersection of Embassy
West Drive and Middle Road. Upon motion the documents were received and filed, and
Resolution No. 251-18 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 Southwestco
Wireless, Inc. D/B/A Verizon Wireless was adopted setting a public hearing for a meeting
to commence at 6:00 p.m. on September 4, 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. Applicant appointments will be made at the next City
Council meeting.
1 . Airport Commission: Two, 4-year terms through July 1 , 2022 (Expiring terms of
Accinelli and Blocker). Applicants: Robert Blocker, 880 Kane St.; Jennifer Chambers, 940
Kelly Ln.; Michael Phillips, 1029 Dunham Dr.
2. Housing Commission: One, 3-year term through August 17, 2021 (Vacant term of
Fernandes). Applicants: Antonino T. Erba, 1505 Fairview PI.; Sam Wooden, 1135
Rosedale Ave. Mr. Erba spoke in support of his appointment and provided a brief
biography.
3. Zoning Advisory Commission: One, 3-year term through July 1 , 2021 (Expiring term
of Russell). Applicant: Rich Russell, 2045 Embassy West Dr.
Appointments to the following commissions to be made at this meeting.
4. Transit Advisory Board: One, 3-year term through July 30, 2021 (Expiring term of
Esser). Additional Vacancy of one, 3-year term through July 30, 2020 (Vacant term of
Stiles). Applicants: Robert Daughters, 1631 Jackson St.; Matthew Esser, 90 Main St.
Upon roll-call vote, Robert Daughters was appointed to the 3-year term through July
30, 2020. (Daughters = Resnick, Larson, Jones, Buol, Rios; Esser = Del Toro)
Motion by Jones to appoint Mr. Esser to the 3-year term through July 30, 2021 .
Seconded by Resnick. Motion carried 6-0.
PUBLIC HEARINGS
1 . Planned Unit Development (PUD) Amendment for 1100 Carmel Drive: Proof of
publication for notice of public hearing to consider approval of a request from Pope
Architects/ Sisters of Charity BVM to amend the PUD Planned Unit Development District
at 1100 Carmel Drive to facilitate the development of a senior living community and the
Zoning Advisory Commission recommending approval. 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. On behalf of the applicant, Sisters of
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Charity BVM, Sister Teri Hadro, BVM, spoke in support of the request and provided a
brief description of the project. Bill Hagstrom of Presbyterian Homes and Mike Jansen of
IIW Engineers further described the project. Planning Services Manager Laura Carstens
provided a staff report. Responding to questions from the City Council, Mr. Hagstrom
stated that the new building's exterior would be similar in look and style but would not
compete with the original historic structure. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 29-18 Amending
Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by
reclassifying hereinafter described property located at 1100 Carmel Drive from R-1
Single-Family Residential to PUD Planned Unit Development with a PR Planned
Residential Designation and amending the existing Planned Unit Development
Regulations to facilitate the development of a Senior Living Community. Seconded by
Resnick. Motion carried 6-0.
2. Petition to Vacate Alley in D.N. Cooley's Subdivision for Housing Department Project
Adjacent to 396 West Locust Street: Proof of publication for notice of public hearing to
consider vacating a 10-foot-wide alley adjacent to the property at 396 West Locust Street
and just west of the intersection of West 17th Street and West Locust Street to facilitate
a Housing Department project, and the City Manager recommending approval. Motion by
Del Toro to receive and file the documents and adopt Resolution No. 252-18Vacating the
10-foot-wide alley adjacent to Lots 14 and 15 in D.N. Cooley's Subdivision, in the City of
Dubuque, lowa, to be known as Lot 15A of D.N. Cooley's Subdivision, in the City of
Dubuque, lowa. Seconded by Larson. Motion carried 6-0.
3. Millwork District Parking Lot#2 - Elm Street Parking Lot Project: Proof of publication
for notice of public hearing to consider approval of plans, specifications, form of contract,
and estimated cost for the Millwork District Parking Lot#2 Project (aka Elm Street Parking
Lot), and the City Manager recommending approval. Motion by Larson to receive and file
the documents and adopt Resolution No. 253-18 Approval of plans, specifications, form
of contract, and estimated cost for the Millwork District Parking Lot #2 Project. Seconded
by Resnick. Responding to questions from the City Council, City Manager Van Milligen
provided a brief history of the past and future parking requirements and needs in the
Historic Millwork District. Motion carried 6-0.
4. Twin Ridge Lift Station Abandonment Project: Proof of publication for notice of public
hearing to consider approval of the plans, specifications, form of contract and estimated
cost for the Twin Ridge Lift Station Abandonment Project, and the City Manager
recommending approval. Motion by Resnick to receive and file the documents and adopt
Resolution No. 254-18 Approval of plans, specifications, form of contract, and estimated
cost for the Twin Ridge Lift Station Abandonment Project. Seconded Del Toro. Motion
carried 6-0.
5. Dubuque Industrial Center West - McFadden Farm Grading Phase I Project: Proof
of publication for notice of public hearing to consider approval of the plans, specifications,
form of contract and the estimated cost for the Dubuque Industrial Center West —
McFadden Farm Grading Phase I Project, and the City Manager recommending approval.
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Motion by Resnick to receive and file the documents and adopt Resolution No. 255-18
Approval of plans, specifications, form of contract, and estimated cost for the DICW -
McFadden Farm Grading Phase I Project; and Resolution No. 256-18 Authorization to
advertise for bids for the DICW- McFadden Farm Grading Phase I Project. Seconded by
Jones. Motion carried 6-0.
PUBLIC INPUT
Representing the Friends of Fair Housing with the NAACP Dubuque Chapter, Lynn
Sutton, 859 Air Hill; and Tom Loguidice, 786 Stone Ridge PI., addressed the City Council
regarding the progress and continued needs they have witnessed in rental housing code
enforcements. Ms. Sutton and Mr. Loguidice expressed concerns regarding repeated
extensions for violations that they perceive as some landlords' way of avoiding violations
and fines. Ms. Sutton relayed her experiences and those of some tenants about being
intimidated and/or threatened when building code violations are identified or reported.
ACTION ITEMS
1 . Black Hills Energy Annual Report: Laura Roussell, Senior Community Affairs
Manager; and Mark Ernst, Customer Relations Manager, for Black Hills Energy presented
the company's annual report. Mr. Roussell addressed their contact sheet, safety
brochure, annual personalized report for Dubuque, and the corporate environmental
report. Mr. Ersnt provided information on the BHE pipeline serving Dubuque's south end,
promoting compressed natural gas vehicles, partnering with the W&RRC and the
DMASWA for the capture of inethane and renewable natural gas. Motion by Resnick to
receive and file the documents. Seconded by Del Toro. Motion carried 6-0.
2. Northeast lowa Community College (NICC) Bond Levy Update: NICC President Dr.
Liang Chee Wee provided an update on the College's September 11 , 2018 referendum
for continuing the current bond levy. Highlights included information on the College's need
for upgrades to technology, security, infrastructure, and flexible training space. Dr. Wee
addressed the regional impact of NICC and referenced the handouts distributed. Motion
by Jones to receive and file the documents. Seconded by Resnick. Motion carried 6-0.
3. Code of Ordinances Amendment - Title 6 Prohibited and Exempt Noise (2nd
Reading as Amended from the August 6, 2018 Meeting): City Attorney recommending
abandoning the 2nd reading of the originally proposed ordinance due to additional
amendments from staff since the August 6, 2018 reading. Motion by Jones to receive and
file the documents and abandon the 2"d reading of the ordinance as recommended.
Seconded by Larson. Responding to a request by City Council, City Attorney Brumwell
stated that the reason for the abandonment was due to additional language changes that
staff identified since the amendments Council voted on with the first reading of August 6,
2018. Motion carried 6-0.
4. Code of Ordinances Amendment -Title 6 Prohibited and Exempt Noise asAmended:
City Attorney recommending approval of an update to the prohibited noises and exempt
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noises ordinances to update and correct some terminology in the prohibited noises
ordinance and add provisions and sections that further clarifying the use, prohibitions and
exemptions of outdoor music or amplified noise. This amendment includes changes
requested by Council and suggested by staff from the August 6, 2018 City Council
meeting. 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.
Mayor Buol stated that he was conflicted about voting the ordinance through in the
absence of Council Member Shaw who had voiced some concerns at the August 6, 2018
meeting. Motion failed 5-1 with Buol voting nay.
Motion by Jones to consider the first reading of proposed ordinances amending City of
Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environment,
Chapter 5 Noises, Section 6-5-1 Prohibited Noises; and amending City of Dubuque Code
of Ordinances Title 6, Health, Housing, Sanitation and Environment, Chapter 65 Noises,
Section 6-5-3 Exempt Noises. Seconded by Resnick. Motion carried 6-0.
There being no further business, upon motion the City Council adjourned at 6:58 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
1 t 8/29
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