Minutes_City Council Proceedings 9 4 18 Copyrighted
September 17, 2018
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: Cable N Commission of 9/5; Catfish Creek Watershed
Management Authority of 9/5, City Council Proceedings of
9/4, 9/10; Historic Preservation Commission of 8/16; Park
and Recreation Advisory Commission of 8/14; Resilient
Community Advisory Commission of 8/2; Zoning Advisory
Commission of 9/5/18; Zoning Board of Adjustment of
8/23; Proof of publication for City Council Proceedings of
8/13, 8/15, 8/20.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Cable N Commission Minutes of 9/5/18 Supporting Documentation
Caffish Creek WMA Minutes of 9/5/18 Supporting Documentation
City Council Proceedings of 9/4/18 Supporting Documentation
City Council Proceedings of 9/10/18 Supporting Documentation
Historic Preservation Commission Minutes of 8/16/18 Supporting Documentation
Park and Recreation Advisory Commission of 8/14/18 Supporting Documentation
Resilient Community Advisory Commission Minutes of Supporting Documentation
8/2/18
Zoning Advisory Commission Minutes of 9/5/18 Supporting Documentation
Zoning Board of Adjustment Minutes of 8/23/18 Supporting Documentation
Proof of Publication-City Council Proceedings 8/13/18 Supporting Documentation
Proof of Publication-City Council Proceedings for Supporting Documentation
8/15/18
Proof of Publication-City Council Proceedings for Supporting Documentation
8/20/18
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on September 4, 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
SWEARING IN
1 . Mayor Buol administered the Oath of Office to Mayor Pro Tem Luis Del Toro for the
term September 1 , 2018 through April 30, 2019. Mayor Buol thanked Council Member
Resnick for his service as Mayor Pro Tem.
CONSENTITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Shaw. Motion carried 6-0.
1 . Minutes and Reports Submitted: City Council Proceedings for 8/20; Community De-
velopment 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 proceed-
ings of 7/16, 8/6, 8/8, 8/14; Proof of Publication for List of Claims and Summary of Reve-
nues for Month Ending 7/31 . Upon motion the documents were received and filed.
2. Notice of Claims and Suits: William Baum for vehicle damage; Hertz Rent-a-Car for
vehicle damage; Adam Jordan for vehicle damage; Lynn McCormick/Partners Mutual In-
surance for vehicle damage; Melvin Moss for vehicle damage; Jeremy Noel for property
damage; Marilyn Thoma 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 As-
surance Pool: Melvin Moss for vehicle damage. Hertz Rent-a-Car for vehicle damage;
Adam Jordan for vehicle damage; Lynn McCormick/Partners Mutual Insurance for vehicle
damage; Melvin Moss for vehicle damage; Jeremy Noel for property damage; and Marilyn
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Thoma for vehicle damage. Upon motion the documents were received, filed, and con-
curred.
4. Approval of City Expenditures: City Manager recommending Council approval for
payment of City expenditures. Upon motion the documents were received, filed and ap-
proved.
5. Contracted Service Agreement -Washington Tool Library for Fiscal Year 2019: City
Manager recommending execution of the Fiscal Year 2019 Contracted Service Agree-
ment with the Washington Tool Library. Upon motion the documents were received, filed
and approved.
6. lowa Greyhound Association Lease Amendment: City Manager recommending ap-
proval of an Amendment to the Lease Agreement with lowa Greyhound Association that
provides for a five-year term commencing January 1 , 2020. Upon motion the documents
were received and filed, and Resolution No. 257-18 Approving an Amendment to Lease
Agreement between the City of Dubuque, lowa and lowa Greyhound Association was
adopted.
7. 2018 Asphalt Overlay Access Ramp Project One Acceptance: City Manager recom-
mending acceptance of the construction contract for the 2018 Asphalt Overlay Access
Ramp Project One, as completed by D & D Superior Concrete, LLC. Upon motion the
documents were received and filed, and Resolution No. 258-18 Accepting the 2018 As-
phalt Overlay Access Ramp Project one and authorizing the payment to the contractor
was adopted.
8. 2018 Asphalt Overlay Access Ramp Project Two Acceptance: City Manager recom-
mending acceptance of the construction contract for the 2018 Asphalt Overlay Access
Ramp Project Two, as completed by Midwest Concrete, Inc. Upon motion the documents
were received and filed, and Resolution No. 259-18 Accepting the 2018 Asphalt Overlay
Access Ramp Project Two and authorizing the payment to the contractor was adopted.
9. Twin Ridge Lift Station Abandonment Project Award: City Manager recommending
award of the construction contract for the Twin Ridge Lift Station Abandonment Project
to the low bidder Gansen Excavating, Inc. Upon motion the documents were received
and filed, and Resolution No. 260-18 Awarding Public Improvement Project for the Twin
Ridge Lift Station Abandonment Project was adopted.
10. Accepting Grant of Storm Sewer Easement from SPT Real Estate LLC / 602 Peru
Road: City Manager recommending acceptance of a Grant of Easement from SPT Real
Estate LLC for Storm Sewer across Parts of Lot 1 and Lot 2 of Haberkorn Place as part
of a private parking lot improvements project at 602 Peru Road. Upon motion the docu-
ments were received and filed, and Resolution No. 261-18 Accepting a Grant of Ease-
ment for storm sewer through, under and across parts of Lot 1 and Lot 2 of Haberkorn
Place, in the City of Dubuque, lowa was adopted.
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11 . Bee Branch Railroad Culverts Project, Easement Acquisitions, Setting Fair Market
Value, Resolution Amendments: City Manager recommending approval to amend previ-
ously adopted resolutions establishing the fair market value of certain permanent and
temporary easements to be acquired through real property owned by HWY 151 & 61
Development, LLC at East 16�h Street and certain permanent and temporary easements
to be acquired through real property owned by Canadian Pacific Railway at 506 Garfield
Avenue. Upon motion the documents were received and filed, and Resolution No. 262-
18 Amending Resolution No. 228-18 Establishing the fair market value and authorizing
the acquisition by Eminent Domain of easements through certain real property owned by
Hwy 151 & 61 Development, LLC in the City of Dubuque, lowa by changing the title to
Easement Exhibit B to "Temporary Easement Exhibit B;" and Resolution No. 263-18
Amending Resolution No. 231-18 Establishing the fair market value and authorizing the
acquisition by Eminent Domain of easements through certain real property owned by Ca-
nadian Pacific Railway in the City of Dubuque, lowa by changing the title to Easement
Exhibit B to "Permanent Easement Exhibit B" and adding a reference to Temporary Ease-
ment Exhibit E were adopted.
12. Contracted Service Agreement - Hills and Dales Senior Center Lifetime Program
for Fiscal Year 2019: City Manager recommending execution of the Fiscal Year 2019
Contracted Service Agreement with Hills and Dales Senior Center Lifetime Program.
Upon motion the documents were received, filed, and approved.
13. AmeriCorps Program Year 2018-2019 Grant Agreement: City Manager recom-
mending approval of an agreement for AmeriCorps Partners in Learning Summer-Only
Grant Continuation for Program Year 2018-2019 through the summer of 2019. Upon mo-
tion the documents were received, filed, and approved.
14. 2018-19 AmeriCorps Partners in Learning Planning Grant Agreement Related to
Health, Wellness and Environmental Stewardship: City Manager recommending approval
of an AmeriCorps Partners in Learning Planning Grant Agreement for Program Year
2018-2019 related to health, wellness and environmental stewardship. Upon motion the
documents were received, filed, and approved.
15. Mayor's Letter of Support to Senator Grassley Regarding Segal AmeriCorps Edu-
cation Award: Letter of Support to Senator Chuck Grassley encouraging co-sponsorship
of S.1042, legislation sponsored by Senators Johnny Isakson (R-GA) and Michael Bennet
(D-CO) to provide tax relief for individuals who have earned a Segal AmeriCorps Educa-
tion Award and use it to pay for college tuition, vocational school, or to pay down qualified
student loan debt. Upon motion the documents were received and filed.
16. Crescent Community Health Center Letter of Support: City Manager recommend-
ing approval to sign a Letter of Support for the Crescent Community Health Center's Ser-
vices Area Competition Grant to Health Resources and Services Administration. Upon
motion the documents were received, filed, and approved.
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17. Employee Changes to Support Family Self-Sufficiency Programming: City Man-
ager recommending elimination of the Circles0 Coach position and the creation of a Sec-
tion 8 Caseworker position to ensure success of the Family Self-Sufficiency Program-
ming. Upon motion the documents were received, filed and approved.
18. Fiber Optic Conduit Damage Claim Settlement with Tschiggfrie Excavating Co.:
Senior Counsel recommending approval of a settlement offer regarding a claim that the
City has made against Tschiggfrie Excavating Co., for damage to a fiber conduit and fiber
optic cable at Hwy US 61 and Olde Davenport Road. Upon motion the documents were
received, filed and approved.
19. Signed Contract(s): Second Amendment to the Farm Lease between the City of
Dubuque and Carl Reiss and Anthony John Reiss. Upon motion the document was re-
ceived and filed.
20. Improvement Contracts / Performance, Payment, and Maintenance Bonds: Mid-
west Concrete for Veterans Park Pickleball Court Construction Project. Upon motion the
document was received, filed, and approved.
21 . 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. 264-18 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 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 . Tamarack Park Water Main Extension Project 2018 Initiate: City Manager recom-
mending initiation of the public bidding procedure for the Tamarack Park Water Main Ex-
tension Project 2018, and further recommends that a public hearing be set for September
17, 2018. Upon motion the documents were received and filed and Resolution No. 265-
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 September 17, 2018 in the Historic Federal Build-
ing.
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their appointment to the
following Boards/Commissions.
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1 . Parks and Recreation Advisory Commission: One, 3-year term through June 30,
2019 (Vacant term of Lyness). Applicant: Robert McCoy, 265 Main St.
Appointments were made to the following Commissions.
2. Airport Commission: Two, 4-year terms through July 1 , 2022 (Expiring terms of Ac-
cinelli and Blocker). Applicants: Robert Blocker, 880 Kane St.; Jennifer Chambers, 940
Kelly Ln.; Michael Phillips, 1029 Dunham Dr. Upon roll-call vote: Phillips = 0; Chambers
= 6 (Shaw, Del Toro, Buol, Resnick, Larson, Jones); Blocker = 6 (Shaw, Del Toro, Buol,
Resnick, Larson, Jones), Mr. Blocker and Ms. Chambers were appointed both to 4-year
terms through July 1 , 2022.
3. Housing Commission: One, 3-year term through August 17, 2021 (Vacant term of
Fernandes), Applicants: Michelle Becwar, 2115 Coates St. (Additional Applicant); Anto-
nino T. Erba, 1505 Fairview PI.; Sam Wooden, 1135 Rosedale Ave. Upon roll-call vote,
Becwar = 1 (Buol); Erba = 1 (Shaw); Wooden = 4 (Del Toro, Resnick, Larson, Jones), Mr.
Wooden was appointed to a 3-year term through August 17, 2021 .
4. Zoning Advisory Commission: One, 3-year term through July 1 , 2021 (Expiring term
of Russell), Applicant: Rich Russell, 2045 Embassy West Dr. Motion by Jones to appoint
Mr. Russell to the 3-year term through July 1 , 2021 . Seconded by Resnick. Motion carried
6-0.
PUBLIC HEARINGS
1 . Intent to Dispose of an Interest in Real Property to Southwestco Wireless, Inc., d/b/a
Verizon Wireless: Proof of publication for notice of public hearing to consider the disposi-
tion 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 or pro-
posed 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, and the
City Manager recommending approval. Motion by Resnick to receive and file the docu-
ments and adopt Resolution No. 266-18 Disposing of an interest in real property owned
by the City of Dubuque by Lease Supplement between the City of Dubuque, lowa and
Southwestco Wireless, Inc. d/b/a Verizon Wireless. Seconded by Del Toro. Motion carried
6-0.
PUBLIC INPUT
Dan LoBianco, Executive Director at Dubuque Main Street and Michaela Freiburger,
Program Specialist at Dubuque Main Street spoke regarding the upcoming event entitled
"Build a Better Block." The family-oriented event will be held in the 1800 block of Central
Avenue, highlighting the potential of the area for business, the arts, and community en-
gagement. The event will feature pop-up shops, food and entertainment for children.
ACTION ITEMS
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1 . America's River III Campaign: City Manager recommending Council approval of the
America's River III fundraising campaign and associated naming opportunities and giving
levels. Assistant City Manager Teri Goodmann thanked Honorary Chair Persons Norma
Denlinger, Gary Dolphin, and Sue Hafkemeyer for all their support, hard work and dedi-
cation thus far in the fundraising campaign process. Gary Dolphin and Sue Hafkemeyer
spoke thanking all involved in the fundraising campaign process. Randy Gehl, Public In-
formation Officer demonstrated how to use the America's River III / Bee Branch Creek
Restoration web page for naming opportunities and additional information on the project.
Motion by Jones to receive and file the documents and approve the recommendation.
Seconded by Resnick. Motion carried 6-0.
2. McFadden Farm Grading Phase I Project - Project Award: City Manager to recom-
mend award of the McFadden Farm Grading Phase I Project. Documentation was distrib-
uted at the meeting due to the timing of the bid opening at 2:00 p.m., September 4, 2018.
Motion by Del Toro to receive and file the documents and adopt Resolution No. 267-18
Awarding Public Improvement Contract for the McFadden Farm Grading Phase I Project.
Seconded by Jones. Motion carried 6-0.
3. Millwork District Parking Lot #2 (Elm Street Parking Lot) - Project Award: City Man-
ager recommending award of the construction contract for the Millwork District Parking
Lot #2 Project to the low bidder Drew Cook & Sons Excavating, Co. Motion by Resnick to
receive and file the documents and adopt Resolution No. 268-18 Awarding Public Im-
provement Contract for the Millwork District Parking Lot #2 Project. Seconded by Jones.
Motion carried 6-0.
4. Dubuque Main StreeYs Build a Better Block Event Map and Details: City Manager
transmitting the event map and schedule details for Dubuque Main StreeYs Build a Better
Block event September 14 through 23, 2018. Angela Wolfe Kelley, Senior Vice President
of Heartland Financial USA, Inc. reiterated the information that Mr. LoBianco and Ms.
Freiburger introduced during the Public Input section of the agenda. Motion by Larson to
receive and file the documents. Seconded by Del Toro. Motion carried 6-0.
5. Code of Ordinances Amendment -Title 9 Street Storage: City Manager recommend-
ing approval of an amendment to the Street Storage Ordinance which requires vehicles
be operational, registered, and licensed. Motion by Jones to receive and file the docu-
ments 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 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 30-18 Amending
City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 15 Im-
poundment of Vehicles, Division 3 Street Storage, Section 9-15-321 .761 Definition. Se-
conded by Resnick. Motion carried 6-0.
6. Code of Ordinances Amendment - Title 6 Prohibited and Exempt Noises (2"d Read-
ing): City Manager recommending approval of an update to the prohibited noises and
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exempt noises ordinances to update some terminology in the prohibited noises ordinance
and add provisions and sections that further clarifying the use, prohibitions and exemp-
tions of outdoor music or amplified noise. Motion by Jones to receive and file the docu-
ments and that the requirement that the proposed ordinance be considered and voted on
for passage at one Council meeting prior to the meeting at which it is to be passed be
suspended. Seconded by Resnick. Motion failed 4-2 with Shaw and Buol voting Nay.
Motion by Jones to pass the second reading of the proposed ordinances amending
City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation and Environ-
ment, Chapter 5 Noises; and Section 6-5-1 Prohibited Noises and City of Dubuque Code
of Ordinances Title 6, Health, Housing, Sanitation and Environment, Chapter 5 Noises,
Section 6-5-3 Exempt Noises. Seconded by Resnick. Motion carried 4-2 with Shaw and
Buol voting Nay.
7. SW Arterial Construction Update Video: Cable TV Division showed a video of the
recent progress of the Southwest Arterial Project for August 2018. Motion by Resnick to
receive and file the information. Seconded by Shaw. Motion carried 6-0.
COUNCIL MEMBER REPORTS
Council Member Larson spoke regarding the storm damage from the September 2nd
storm and that the City will be picking up debris.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:17 p.m. to discuss pending litigation
and real estate transfer negotiations pursuant to Chapter 21 .5(1)(c), -Q) of the Code of
lowa. Seconded by Resnick. Motion carried 6-0. 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.
Upon motion, the City Council reconvened in open session at 7:48 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 7:50 p.m.
/s/Trish L. Gleason, CMC
Assistant City Clerk
1 t 9/12
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