Minutes_City Council Proceedings 10 1 18 Copyrighted
October 15, 2018
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of 10/1; Historic Preservation
Commission of 9/20; Library Board of Trustees Minutes of
7/26, 8/23 and Council Update #175 of 7/26; Park and
Recreation Advisory Commission of 9/26; Zoning Advisory
Commission of 10/3; Zoning Board of Adjustment of 9/27;
Proof of publication for City Council Proceedings of 9/17;
Proof of Publication for List of Claims and Summary of
Revenues for Month Ending 8/31/18
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
City Council Proceedings of 10/1/18 Supporting Documentation
Historic Preservation Commission Minutes of 9/20/18 Supporting Documentation
Library Board of Trustees Minutes of 7/26/18 Supporting Documentation
Library Board of Trustees Minutes of 8/23/18 Supporting Documentation
Library Board of Trustees Council Update#175 of Supporting Documentation
7/26/18
Park and Recreation Advisory Commission Minutes of Supporting Documentation
9/26/18
Zoning Advisory Commission Minutes of 10/3/18 Supporting Documentation
Zoning Board of Adjustrnent Minutes of 9/27/18 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
9/17/18
Proof of Publication for List of Claims-Summary of Staff Memo
Revenues for ME 8/31/18
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on October 1 , 2018 in
the Historic Federal Building, 350 W. 6�h Street.
Present: Mayor Buol (via telephone), Mayor Pro Tem Del Toro; Council Members
Jones, Larson, Resnick, Rios, Shaw; City Manager Van Milligen, City Attorney Brumwell
Mayor Pro Tem Del Toro 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(S)
Mayor Pro Tem Del Toro thanked Kristina Castaneda and Nate Jenkins for providing
music prior to the start of the meeting in recognition of Arts and Humanities Month.
2. St. Columbkille's Elementary School Green Ribbon Schools Award: Assistant City
Manager Cori Burbach presented the U.S. Department of Education's Green Ribbon
Schools award to St. Columbkille's Elementary School. The award was accepted by
School Principal Barb Roling and school representatives.
3. Rising Star Award Presentation: Steve Fisher of TH Media and BizTimes presented
the Rising Star Award to Arts and Cultural Affairs Coordinator Debra Alleyne.
PROCLAMATION(S)
1 . Crop Walk Day (October 7, 2018) was accepted by Reverend Father Dustin Lyon of
St. Elias the Prophet Church.
2. Lights on Afterschool Day (October 25, 2018) was accepted by Beth McGorry of St.
Mark Youth Enrichment.
3. Arts and Humanities Month (October 2018) was accepted by David Schmitz of the
Arts and Cultural Affairs Commission and the Dubuque Museum of Art, and Michael
Jelinske of St. Mark Youth Enrichment Art Smarts Program.
4. Trick-or-Treat Night (October 31 , 2018, 530-730 p.m.) was accepted by Mayor Pro
Tem Luis Del Toro.
CONSENTITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Jones. Motion carried 7-0.
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1 . Minutes and Reports Submitted: City Council Proceedings for 9/17; Civil Service
Commission of 8/30, 9/26; Park and Recreation Advisory Commission of 9/11 ; Transit
Advisory Board of 9/13; Proof of publication for City Council proceedings of 9/4, 9/10.
Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Dubuque County Sheriffs Office for property damage,
Bettye Kronstad for vehicle damage, Mark Topf 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: Kelsey Caspersen forvehicle damage, Dubuque County Sheriffs Office
for property damage, Bettye Kronstad for vehicle damage, Mark Topf for property
damage, Brock Tyner for vehicle damage, Doug Winner forvehicle 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. State Fireworks Grant Award: City Manager recommending acceptance of a grant
from the lowa State Fire Marshal to purchase a rated storage magazine for confiscated
fireworks. Upon motion the documents were received, filed and approved.
6. Consolidated Annual Performance and Evaluation Report (CAPER) July 1 , 2017 to
June 30, 2018: City Manager recommending approval of a resolution authoring
submission to HUD of the Consolidated Annual Performance and Evaluation Report
(CAPER) for the period of July 1 , 2017 through June 30, 2018. Upon motion the
documents were received and filed, and Resolution No. 285-18 Authorizing the
submission of a Consolidated Annual Performance and Evaluation Report (CAPER) for
the period commencing July 1 , 2017 and concluding June 30, 2018 was adopted.
7. Civil Service Commission - Certified List: Civil Service Commission submitting the
Certified List for the position of Police Lieutenant. Upon motion the document was
received, filed, and made a Matter of Record.
8. Eagle Point Park Environmental Restoration Management Project Consultant
Selection: City Manager recommending approval of the selection of Emmons & Olivier
Resources Inc., to undertake the Eagle Point Park Environmental Restoration
Management Project Design, Construction Management and Grant Administration. Upon
motion the documents were received, filed and approved.
9. K9s4COPS Grant Application: City Manager recommending approval to submit a
grant application to K9s4COPs. Upon motion the documents were received, filed and
approved.
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10. AmeriCorps Healthy Futures Planning Grant Program Coordinator Approval: City
Manager recommending approval for the position of AmeriCorps Healthy Futures
Program Coordinator temporary position, as provided for in the AmeriCorps Healthy
Future Grant Planning Agreement. Upon motion the documents were received, filed and
approved.
11 . Purchase of Services Grant Recommendations for Fiscal Year 2019: City Manager
recommending approval of the Fiscal Year 2019 Purchase of Services grant funding
applications as submitted by the Community Development Advisory Commission. Upon
motion the documents were received, filed and approved.
12. Project Acceptance - 2018 Asphalt Overlay Ramp Project Three: City Manager
recommending acceptance of the construction contract for the 2018 Asphalt Overlay
Access Ramp Project Three as completed by Midwest Concrete, Inc. Upon motion the
documents were received and filed, and Resolution No. 286-18 Accepting the 2018
Asphalt Overlay Access Ramp Project Three and authorizing the payment to the
contractor was adopted.
13. Project Acceptance - 2018 Asphalt Overlay Ramp Project Four: City Manager
recommending acceptance of the construction contract for the 2018 Asphalt Overlay
Access Ramp Project Four, as completed by Reuter Mechanical Inc, d/b/a East lowa
Construction. Upon motion the documents were received and filed, and Resolution No.
287-18 Accepting the 2018 Asphalt Overlay Access Ramp Project Four and authorizing
the payment to the contractor was adopted.
14. Keymont Court - North Fork Trails Subdivision Acceptance of Street and Paver
Improvements: City Manager recommending acceptance of the maintenance of the
permeable paver street in North Fork Trails No. 5, Lots 1 through 10. Upon motion the
documents were received and filed, and Resolution No. 288-18 Accepting Maintenance
of Street Improvements in North Fork Trails No. 5 - Lots 1 through 10 was adopted.
15. Healthy Homes & Childhood Lead Poisoning Prevention Program Contract and
Subcontracts: City Manager recommending approval of a contract with the Dubuque
County Board of Health and the lowa Department of Public Health for continued funding
ofthe Childhood Lead Poisoning Prevention Program, and a renewed agreement with the
Visiting Nurse Association for services related to the Childhood Lead Poisoning
Prevention Program and Healthy Homes Program. Upon motion the documents were
received, filed and approved.
16. Wellmark Blue Cross and Blue Shield of lowa Administrative Services Agreement:
City Manager recommending approval of the Administrative Services Agreement
between the City of Dubuque and Wellmark Blue Cross and Blue Shield of lowa effective
July 1 , 2018, through June 30, 2019, and authorize the City Manager to sign the
agreement. Upon motion the documents were received, filed and approved.
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17. Release of All Civil Claims Related to 999 Maquoketa Drive: City Manager
recommending approval of a Settlement Agreement and Release of All Claims between
the City of Dubuque and Michael and Angela Friederick for civil claims. Upon motion the
documents were received and filed, and Resolution No. 289-18 Approving a Settlement
Agreement and Release of Claims between Michael and Angela Friederick and the City
of Dubuque for release of all civil claims was adopted.
18. Lloyd Raymond Haywood Lawsuit Dismissal: Senior Counsel providing
correspondence and Judgment confirming dismissal of the lawsuit filed by Lloyd
Raymond Haywood. Upon motion the documents were received and filed.
19. Signed Contract(s): Applied Ecological Services for the Valentine Park Restoration
SRF Project. Upon motion the document was received and filed.
20. Improvement Contracts / Performance, Payment and Maintenance Bonds:
Advanced Environmental Testing and Abatement, Inc. for Asbestos Abatement at the
former Bowling and Beyond Site; Drew Cook & Sons Excavating Co, Inc. for the Millwork
District Parking Lot #2 (Elm Street); Gansen Excavating, Inc., for Twin Ridge Lift Station
Abandonment; Mainline Excavating Co., Inc. for the Eagle Point Park Watermain
Extension & Water Service Replacement Phase I; Peterson Contractors, Inc. for the
McFadden Farm Grading Phase I; Playpower LT Farmington, Inc. for the Flora Park 2-5-
Year-Old Playground Equipment and Poured-in-Place Surfacing Project. Upon motion the
documents were received, filed and approved.
21 . Business License Refund: Request from Champps Americana Restaurant and Bar
previously located at 3100 Dodge Street for a refund of the Liquor License No. LB0001995
due to business closing; Request from Cuemaster Billiards Bar previously located at 900
Central Avenue for a refund of the Liquor License No. LC0042329 due to business
closing; and request from North Side Liquor located at 2013 Central Avenue for a refund
of Tobacco Permit No. DBQ-39-19 due to business name change and business
reorganization. Upon motion the documents were received, filed and approved.
22. 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. 290-18 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 7-0.
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1 . Miracle League of Dubuque Lease Agreement: City Manager recommending that a
public hearing be set for October 15, 2018, to consider a Lease Agreement between the
City of Dubuque and Miracle League of Dubuque for a portion of Veteran's Park. Upon
motion the documents were received and filed, and Resolution No. 293-18 Setting date
of public hearing on Lease Agreement between the City of Dubuque, lowa and the Miracle
League of Dubuque was adopted setting a public hearing for a meeting to commence at
6:00 p.m. on October 15, 2018 in the Historic Federal Building.
2. Alta Vista Urban Revitalization Area: City Manager recommending approval of a
Resolution of Finding under lowa Code Chapter 404, which is required to develop an
Urban Revitalization Plan for 1225 Alta Vista Street. It is further recommended that a
public hearing be set for November 5, 2018 to adopt an Urban Revitalization Plan for the
Nativity Urban Revitalization Area. Upon motion the documents were received and filed,
and Resolution No. 291-18 Urban Revitalization Resolution of Finding that the
Rehabilitation, Conservation, Redevelopment, Economic Development, or a combination
thereof of Church of the Nativity PL in the City of Dubuque, lowa is necessary in the
interest of public health, safety, or welfare of the residents of the City was adopted setting
a public hearing for a meeting to commence at 6:00 p.m. on November 5, 2018 in the
Historic Federal Building.
3. Radford Road Urban Revitalization Area: City Manager recommending approval of
a Resolution of Finding under lowa Code Chapter 404, which is required to develop an
Urban Revitalization Plan for 1895 Radford Road. It is further recommended that a public
hearing be set for November 5, 2018 to adopt an Urban Revitalization Plan forthe Radford
Road Urban Revitalization Area. Upon motion the documents were received and filed,
and Resolution No. 292-18 Urban Revitalization Resolution of Finding that the
rehabilitation, conservation, redevelopment, economic development, or a combination
thereof of Lot 1 Wolff Place No 2 in the City of Dubuque, lowa is necessary in the interest
of public health, safety, or welfare of the residents of the City was adopted setting a public
hearing for a meeting to commence at 6:00 p.m. on November 5, 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: One, 4-year term through July 1 , 2022 (Vacant term of
Chambers). Applicant: Michael Phillips, 1029 Dunham Dr. Mr. Phillips spoke in support
of his appointment and provided a brief biography.
2. Housing Commission: One, 3-year term through August 17, 2021 (Vacant term of
Hoeper). Applicants: Michelle Becwar, 2115 Coates St.; and Antonino T. Erba, 1505
Fairview PI. Ms. Becwar spoke in support of her appointment and provided a brief
biography.
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3. Human Rights Commission: One, 3-year term through January 1 , 2020 (Vacant term
of Perry). Applicants: Erin Muenster, 2030 Embassy West Dr.; David Olson, 909 Spires
Dr.; and Samuel Wright, 508 West Locust St. Mr. Olson and Mr. Wright spoke in support
of their respective appointment and provided brief biographies.
4. Resilient Community Advisory Commission: One, 3-year term through July 1 , 2020
(Vacant term of Hoeper). Applicants: Lalith Jayawickrama, 2360 Cherry St.; and Laura
Loucks, 444 YZ 5th St. Mr. Jayawickrama and Ms. Loucks spoke in support of their
respective appointments and provided brief biographies.
PUBLIC HEARINGS
1 . Fiscal Year 2019 First Budget Amendment: Proof of publication for notice of public
hearing to consider approval of the First Budget Amendment for Fiscal Year 2019, and
the City Manager recommending approval. Motion by Resnick to receive and file and
adopt Resolution No. 294-18 Amending the current budget for the Fiscal Year ending
June 30, 2019. Seconded by Shaw. Motion carried 7-0.
2. Intent to Dispose of an Interest in Real Property Owned by the City of Dubuque by
Lease Supplements Between the City of Dubuque, lowa and Southwestco Wireless, Inc.
D/B/A Verizon Wireless: Proof of publication on notice of public hearing to consider
disposal of an interest in real property owned by the City of Dubuque by Lease
Supplements between the City of Dubuque, lowa and Southwestco Wireless, Inc. D/B/A
Verizon Wireless, and the City Manager recommending approval. Motion by Jones to
receive and file the documents and adopt Resolution No. 295-18 Disposing of an interest
in real property owned by the City of Dubuque by Lease Supplements between the City
of Dubuque, lowa and Southwestco Wireless, Inc. D/B/A Verizon Wireless. Seconded by
Resnick. Motion carried 4-3 with Del Toro, Larson and Shaw voting nay.
Citing research sources, Hillary Baker, 2572 Broadway Street; and Bryan Blair and
son, 3895 Creston Street, expressed their concerns with what they believe are negative
effects on health and environment from radio frequency energy caused by cell towers and
transmissions. Mr. Blair added that he disapproved of the site selection as he felt it would
devalue property.
During lengthy discussion, Sustainable Innovations Coordinator David Lyons of
Greater Dubuque Development Corporation responded to questions from the City Council
citing issues with state and federal pre-emption, loss of local control through legislative
prohibitions, frequency strength, benefits to the city and emergency management
services, location over installations, buried equipment vs. pole-mounted requirements,
small cell vs. 5G verbiage, future agreements with other large companies and contract
wording, installation on public right-of-way vs. private property installations, legal
implications and challenges stemming from local prohibitions, and discussing the pro/con
health research.
3. Maquoketa Valley Electric Cooperative Extension of Franchise: Proof of publication
for notice of public hearing to consider approval of an extension to Maquoketa Valley
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Electric Cooperative's electric franchise agreement, and the City Manager recommending
approval.
Motion by Shaw 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
priorto the meeting at which it is to be passed be suspended. Seconded by Jones. Motion
carried 7-0.
Motion by Shaw for final consideration and passage of Ordinance No. 38-18 Extending
the term of the Franchise granted to Maquoketa Valley Electric Cooperative. Seconded
by Jones. Motion carried 7-0.
4. Maquoketa Valley Electric Cooperative Franchise Agreement: Proof of publication
on notice of public hearing to consider approval of an ordinance granting a new Franchise
Agreement with Maquoketa Valley Electric Cooperative. Motion by Jones to table the item
to November 5, 2018. Seconded by Resnick. Motion carried 7-0.
5. Maquoketa Valley Electric Cooperative Franchise Fee: Proof of publication on notice
of public hearing to consider approval of an ordinance imposing a franchise fee of 5°k on
Maquoketa Valley Electric Cooperative. Motion by Jones to table the item to November
5, 2018. Seconded by Resnick. Motion carried 7-0.
PUBLIC INPUT
Dr. Angela Brandel of the University of Dubuque; Steven Chavez, 7288 Rte. 52 So.;
and Michael Wilder, 370 Julien Dubuque Drive, with other committee members requested
that the City Council consider an annual proclamation recognizing Indigenous Peoples'
Day for October 8 to raise awareness and recognition of the struggles of America's
indigenous people and refuting the history of Christopher Columbus. Mayor Buol stated
that he could be supportive following some research with fellow mayor colleagues.
ACTION ITEMS
1 . Arts and Culture Master Plan Update: Arts and Cultural Affairs Coordinator Debra
Alleyne and Commissioner David Schmitz Member provided a slide presentation on arts
and cultural activities overthe last 12 months. Highlights included: ongoing achievements,
economic impact, community arts representatives, master plan overview, task forces and
working groups, and 2012-2018 timeline. Motion by Shaw to receive and file the
documents. Seconded by Larson. Motion carried 7-0.
2. Miracle League of Dubuque - Field Development Agreement, Naming Recognition
Request and CAT Grant Application for Veteran's Memorial Park: City Manager
recommending approval of Miracle League Field Development Agreement, Naming
Recognition Request and CAT Grant Application for the Veteran's Memorial Park. Motion
by Jones to receive and file the documents, approve the Field Development Agreement
and Naming Recognition request, and adopt Resolution No. 296-18 Approving CAT Grant
application to Enhance lowa for Miracle League of Dubuque Baseball Field and All-
Inclusive Playground Project. Seconded by Resnick. Motion carried 7-0.
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3. SW Arterial Construction Update Video: Cable TV Division presented a video of the
recent progress of the Southwest Arterial Project for September 2018). Motion by Resnick
to receive and file the information. Seconded by Larson. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Jones reported that he would support an Indigenous Peoples' Day
proclamation as requested by Dr. Brandel during Public Input.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:48 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 Shaw. Mayor Pro Tem Del Toro 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.
The City Council reconvened in open session at 9:30 p.m. stating that staff had been
given proper direction.
There being no further business, upon motion the City Council adjourned at 931 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
1t 10/10
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