Minutes_City Council Proceedings 12 3 18 Copyrighted
December 17, 2018
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: Cable N Commission of 12/5; City Council Proceedings
of 12/3; Community Development Advisory Commission of
10/17, 11/28; Five Flags Civic CenterAdvisory
Commission of 11/26; Historic Preservation Commission of
11/5; Housing Commission of 11/27; Human Rights
Commission of 11/5; Library Board of Trustees Council
Update #177 of 11/29; Long Range Planning Advisory
Commission of 11/13; Park and Recreation
Advisory Commission of 11/13; Zoning Advisory
Commission of 12/5; Zoning Board of Adjustment of 11/15;
Proof of Publication for City Council Proceedings of 11/5,
11/19; Proof of Publication for List of Claim and Summary
of Revenues for Month Ending 10/31 .
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Cable N Commission Minutes of 12/5/18 Supporting Documentation
City Council Proceedings of 12/3/18 Supporting Documentation
CDAC Minutes of 10/17/18 Supporting Documentation
CDAC Minutes of 11/28/18 Supporting Documentation
Five Flags Civic Center Commission Minutes of Supporting Documentation
11/26/18
Historic Preservation Commission Minutes of 11/15/18 Supporting Documentation
Housing Commission Minutes of 11/27/18 Supporting Documentation
Human Rights Commission Minutes of 11/5/18 Supporting Documentation
Libary Board of Trustees Council Update#177 of Supporting Documentation
11/29/18
Long Range Planning Advisory Commission Minutes of Supporting Documentation
11/13/18
Park and Recreation Advisory Commission Minutes of Supporting Documentation
11/13/18
Zoning Advisory Commission Minutes of 12 5 18 Supporting Documentation
Zoning Board of Adjustment Minutes of 11/15/18 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
11/5/18
Proof of Publication for City Council Proceedings of Supporting Documentation
11/19/18
Proof of Publication for List of Claims/Summary of Supporting Documentation
Revenues for ME 10/31/18
CITY OF DUBUQUE, IOWA
CITY COUNCIL INFORMAL GATHERING
The Dubuque City Council gathered informally between 5:00 and 530 p.m. on
December 3, 2018 for an Open House Tour of the 396 W. Locust Street rehabilitation
project conducted by City Housing Department staff and HEART Project partners.
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on December 3, 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
PRESENTATION(S)
1 . lowa Emergency Medical Services Association (IEMSA) Career EMS Provider of
the Year Award: Fire Chief Rick Steines and EMS Supervisor Wayne Dow presented
the IEMSA Career EMS Provider of the Year award to Fire Equipment Operator Jeff
Breitbach.
CONSENTITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and
dispose of as indicated with exception to Item No. 27. Seconded by Del Toro. Thomas
Coyle requested Item No. 27 be held for separate discussion. Motion carried 7-0.
1 . Minutes and Reports Submitted: City Council proceedings of November 19, 26;
Housing Commission of 10/23; Transit Advisory Board of 11/15. Upon motion the
documents were received and filed.
2. Notice of Claims and Suits: William Brown 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
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Assurance Pool: William Brown 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. Fiscal Year 2018 lowa Urban Renewal Annual Report: City Manager
recommending approval of the Fiscal Year 2018 lowa Urban Renewal Report for the
City of Dubuque. Upon motion the documents were received and filed, and Resolution
No. 353-18 Approving the Fiscal Year 2018 Urban Renewal Report for the City of
Dubuque was adopted.
6. 2019 State Legislative Priorities (Amended) - City of Dubuque: City Manager
submitting amended 2019 State Legislative Priorities previously approved at the
November 19, 2018 City Council meeting to include updated public health priorities
incorporated into the Public Health section. Upon motion the documents were received,
filed and approved.
7. 2019 State Legislative Priorities - Dubuque County: City Manager providing a copy
of the Dubuque County 2019 State Legislative Priorities. Upon motion the documents
were received and filed.
8. 2019 State Legislative Priorities - Dubuque Community School District: City
Manager providing a copy of the Dubuque Community School DistricYs 2019 State
Legislative Priorities. Upon motion the documents were received and filed.
9. Amended Winter Road Maintenance 28E Cooperative Agreement with Dubuque
County: City Manager recommending approval of a new Winter Road Maintenance
Agreement between the City of Dubuque and Dubuque County. Upon motion the
documents were received and filed, and Resolution No. 354-18 Approving an amended
28E Cooperative Winter Maintenance Agreement between the City of Dubuque and
Dubuque County was adopted.
10. Local College Access Network Grant Letter of Support: City Manager
recommending approval to submit a letter of support of the Community Foundation of
Greater Dubuque's application for a Local College Access Network Implementation
Grant from the lowa Student Aid Commission. Upon motion the documents were
received, filed and approved.
11 . Drug Abuse Resistance Education (DARE) Program Agreement with Holy Family
School District for School Year 2018/2019: City Manager recommending approval of the
Fiscal Year 2018/2019 Drug Abuse Resistance Education (DARE) Agreement between
the City of Dubuque Police Department the Holy Family School District. Upon motion
the documents were received, filed and approved.
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12. City of Dubuque Tow Contract - Change of Ownership: City Manager
recommending approval of changes to the Tow Contract for FY2019-FY2021 to reflect
the change of ownership of Wenzel's Towing. Upon motion the documents were
received, filed and approved.
13. Employer Mandate Reporting Services Agreement: City Manager recommending
approval of an agreement with Cottingham & Butler Insurance Services to prepare and
file the required Internal Revenue Service forms 1094-C and 1095-C on behalf of the
City of Dubuque. Upon motion the documents were received, filed and approved.
14. Vegetation Removal Assessment for 290 Bryant Street: City Manager
recommending approval of a resolution establishing the Final Assessment Schedule for
overgrown vegetation obstructing visibility for vehicular traffic and encroaching the
public right-of-way. Upon motion the documents were received and filed, and Resolution
No. 355-18 Adopting the Final Assessment Schedule for the 2018 Overgrown
Vegetation Assessment - visibility and right-of-way obstruction removal assessment
project was adopted.
15. 30th Street to Leibe Street Sanitary Sewer Reconstruction Project Award: City
Manager recommending that the award for the 30th Street to Leibe Street Sanitary
Sewer Reconstruction 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. Accepting the Cummins Street Retaining Wall Reconstruction Project: City
Manager recommending acceptance of the construction contract for the Cummins
Street Retaining Wall Reconstruction Project, as completed by Drew Cook & Sons
Excavating, Inc. Upon motion the documents were received and filed, and Resolution
No. 356-18 Accepting the Cummins Street Retaining Wall Reconstruction Project and
authorizing the payment to the contractor was adopted.
17. Acceptance of Veteran's Park Pickle Ball Courts Project: City Manager
recommending acceptance of the construction contract for the Veteran's Park Pickle
Ball Courts Project, as completed by Midwest Concrete, Inc. Upon motion the
documents were received and filed, and Resolution No. 357-18 Accepting the Veteran's
Park Pickle Ball Courts Project and authorizing the payment to the contractor was
adopted.
18. Acceptance of Subdivision Water Main and Fiber Optics Improvements in Timber
Ridge Estates Subdivision: City Manager recommending acceptance of the public water
main and fiber optics conduit improvements that the developer, Timber Ridge Estates,
LLC has recently completed in Timber Ridge Estates Subdivision in Dubuque County.
Upon motion the documents were received and filed, and Resolution No. 358-18
Accepting public water main and fiber conduit improvements in Timber Ridge Estates
Subdivision, in Dubuque County, lowa was adopted.
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19. Acceptance of Grant of Easement for Sanitary Sewer Utility from 3000 Jackson,
LC: City Manager recommending acceptance of a Grant of Easement for Sanitary
Sewer Utility across Part of Lot 2-1 in Liebe's Subdivision No. 3 and Part of Lot 1 and
Lot 2 of Dinosaur Place in the City of Dubuque as part of the 30th and Jackson Street
Sanitary Sewer Reconstruction Project. Upon motion the documents were received and
filed, and Resolution No. 359-18 Accepting a Grant of Easement for Sanitary Sewer
Utility across part of Lot 2-1 in Liebe's Subdivision No. 3 and part of Lot 1 and Lot 2 of
Dinosaur Place, in the City of Dubuque, lowa was adopted.
20. Bee Branch Railroad Infrastructure (Culvert) Improvements - Engineering Task
Order No. 18-01 : City Manager recommending approval of Task Order 18-01 for Strand
Associates to provide engineering services for the Bee Branch Railroad Culverts
Project. Upon motion the documents were received, filed and approved.
21 . Upper Bee Branch Creek Railroad Culverts Project, Property Acquisition
Agreement and Easements from B&M Properties & Storage, LLC: City Manager
recommending approval of resolutions approving the acquisition agreement and the
acquisition of a permanent storm sewer easement, a temporary access and storage
easement, and a temporary construction easement at the 525 E. 19th Street property
owned by B&M Properties & Storage, LLC necessary for the construction and
maintenance of the Upper Bee Branch Railroad Culverts Project. Upon motion the
documents were received and filed, and Resolution No. 360-18 Approving the Purchase
Agreement for the Acquisition of Easements through certain real property owned by
B&M Properties & Storage, LLC in the city of Dubuque, lowa for the Bee Branch
Railroad Culverts Project; and Resolution No. 361-18 Accepting Grants of Easements
through certain real property owned by B&M Properties & Storage, LLC in the City of
Dubuque, lowa for the Bee Branch Railroad Culverts Project were adopted.
22. Acceptance of Subdivision Improvements in English Ridge Subdivision No. 3:
City Manager recommending acceptance of the public improvements that the
developer, English Ridge, LLC, has recently completed in English Ridge Subdivision
No. 3. Upon motion the documents were received and filed, and Resolution No. 362-18
Accepting public improvements in English Ridge Subdivision No. 3 in the City of
Dubuque, lowa was adopted.
23. Acceptance of Subdivision Improvements in English Ridge Subdivision No. 6:
City Manager recommending acceptance of the public improvements that the
developer, English Ridge, LLC, has recently completed in English Ridge Subdivision
No. 6. Upon motion the documents were received and filed, and Resolution No. 363-18
Accepting public improvements in English Ridge Subdivision No. 6 in the City of
Dubuque, lowa was adopted.
24. Acceptance of Subdivision Improvements in English Ridge Subdivision No. 7:
City Manager recommending acceptance of the public improvements that the
developer, English Ridge, LLC, has recently completed in English Ridge Subdivision
No. 7. Upon motion the documents were received and filed, and Resolution No. 364-18
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Accepting public improvements in English Ridge Subdivision No. 7 in the City of
Dubuque, lowa was adopted.
25. Part-Time Marketing Coordinator for Carnegie-Stout Public Library: City Manager
recommending approval of a part-time Library Marketing Coordinator position for a two-
year time period from the James Mutschler Trust Fund as approved by the Library
Board of Trustees. Upon motion the documents were received, filed and approved.
26. Water Department Personnel Complement Change: City Manager recommending
approval of the elimination of the position of Water Meter Inspector and the creation one
additional Water Distribution Maintenance Worker position to be filled in Fiscal Year
2019. Upon motion the documents were received, filed and approved.
27. Tom Coyle Claim Denial Appeal: City Attorney recommending denial of the
appeal of a claim against the City for vehicle damage filed by Tom Coyle. Resubmitted
at Mr. Coyle's request to provide opportunity to address the City Council. Motion by
Resnick to receive and file the documents and concur with the denial. Seconded by
Jones. Thomas Coyle, 13947 Mueller Parkway, Sherrill, IA, provided handouts to the
City Council illustrating the City's road repair timeline that he felt supported payment of
the claim. Motion to concur with the denial carried 4-3 with Shaw, Rios, and Del Toro
voting nay.
28. 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. 365-18 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.
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 . Housing Board of Appeals: Two, 3-year terms through January 11 , 2022 (Expiring
terms of Spence and White). Applicants: Gil Spence, 975 Grove Terrace; Ron White,
3197 Highland Park Dr. Mr. Spence spoke in support of his appointment and provided a
brief biography.
2. Human Rights Commission: Two, 3-year terms through January 1 , 2022 (Expiring
terms of Breitfelder and Parks). Applicants: Adrienne Breitfelder, 1365 Solon St.; Kathrin
Parks, 486 Clarke Dr. Ms. Parks spoke in support of her appointment and provided a
brief biography.
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3. Mediacom Charitable Foundation: One, 1-year term through December 31 , 2019
(Expiring term of Chavenelle). Applicant: Gail Chavenelle, 1155 Kelly Lane.
PUBLIC HEARINGS
1 . Black Hills Energy / SW Arterial Grant of Permanent Utility Easement: Proof of
publication on notice of public hearing to consider disposal of an interest in real estate
by Quit Claim Deed from the City of Dubuque, lowa to Black Hills Energy Corporation
for the Southwest Arterial Project (near English Mill Road), and the City Manager
recommending approval. Motion by Shaw to receive and file the documents and adopt
Resolution No. 366-18 Disposing of City interest in real estate by Quit Claim Deed by
the City of Dubuque, lowa to Black Hills Energy Corporation for the Southwest Arterial
Project. Seconded by Larson. Motion carried 7-0.
2. BP Pipeline Utility Relocation - Conveyance of a Permanent Utility Easement:
Proof of publication on notice of public hearing to consider disposal of an interest in real
property owned by the City of Dubuque by Grant of Permanent Easement to BP
Pipelines (North America), Inc., for the Southwest Arterial Project (near Knepper Lane),
and the City Manager recommending approval. Motion by Shaw to receive and file the
documents and adopt Resolution No. 367-18 Disposing of an interest in real property
owned by the City of Dubuque by Grant of Permanent Easement to BP Pipelines (North
America), Inc. for the Southwest Arterial Project. Seconded Larson. Motion carried 7-0.
3. Alta Vista Urban Revitalization Area: Proof of publication on notice of public
hearing to consider establishment of the Alta Vista Urban Revitalization District (1225
Alta Vista Street), and the City Manager recommending approval. Motion by Jones to
receive and file the documents and conduct the public hearing. Seconded by Resnick.
Scott Kwiecinski, Development Manager for Horizon Development Group, 5201 East
Terrace Drive, Madison, WI, spoke in support of the proposed project and provided a
brief description of the plan and funding efforts. For the record, City Attorney Brumwell
stated the Council Member Resnick did not have a conflict of interest for being a
member of the parish within the proposed district. Motion carried 7-0.
4. Radford Road Urban Revitalization Area: Proof of publication on notice of public
hearing to approve the establishment of the Radford Road Urban Revitalization District,
and the City Manager recommending approval. Motion by Jones to receive and file the
documents and conduct the public hearing. Seconded by Resnick. Lynn Sutton, 859 Air
Hill, expressed concerns about what she felt was a development in an isolated location
being far from amenities such as bus service and groceries. Housing Commission
Member Brad Cavanaugh, 565 Fenelon PI., responded to questions from the City
Council stating that while the location might be a challenge currently, it helps
deconcentrate rentals in other areas of town and provides low-income options for the
West End. He added that the LI tax credits and funding require very low-income
thresholds and he will encourage 3- to -4-bedroom units with the developer as desired
by the Council. City Manager Van Milligen, Housing Department Manager Alexis Steger
and Mr. Cavanaugh also provided examples of area amenities in proximity to the
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development such as shopping, current bus routes/stops, job opportunities in the
Dubuque Industrial Park and other employment within a walkable distance. Motion
carried 7-0.
5. Peru Road Urban Renewal District (2018.1): Proof of publication on notice of
public hearing to consider approval of the Amended and Restated Peru Road Urban
Renewal Plan for the Peru Road Urban Renewal Area, and the City Manager
recommending approval. The City Clerk stated for the record that staff recommended a
change in the suggested disposition asking that Council conduct the public hearing and
defer action to the December 17, 2018 meeting. This would allow time for correction to
an existing, overlaying UR designation as presented in the City Manager's revised
memo. Motion by Jones to receive and file the documents, conduct the public hearing
and defer action to the December 17, 2018 meeting. Seconded by Resnick. Motion
carried 7-0.
ACTION ITEMS
1 . Greater Dubuque Development Corporation - Quarterly Report: President and
CEO Rick Dickinson verbally presented a quarterly update on the activities of the
Greater Dubuque Development Corporation. Topics included: an existing businesses
update that highlight Flexsteel's new development; national marketing efforts as
illustrated by site preparation of the former McFadden property; renewable energy,
biogas and CNG production; Start Up Dubuque continued actions and entrepreneurial
services; True North/North End development status, ESRI data collection, upcoming
announcements in January 2019; Housing rehabilitations; county population growth;
and workforce solutions focusing on issues related to single-parent as head-of-
household. Motion by Resnick to receive and file the information. Seconded by Jones.
Motion carried 7-0.
2. Economic Development Administration (EDA) Grant Application for Phase 5 of the
Bee Branch Watershed Flood Mitigation Project: City Manager recommending approval
to apply for an Economic Development Disaster Recovery Grant from the U.S.
Economic Development Administration (EDA) to secure funding for the Bee Branch
Gate Replacement/Pumping Station Project and pledge local matching funds. Motion by
Resnick to receive and file the documents and adopt Resolution No. 368-18 Approving
a U.S. Economic Development Administration Disaster Relief Opportunity Grant
Application and pledging the local match in the amount of $5,135,000 from General
Obligation Bonds or an SRF Loan for construction of a new culvert inlet structure and
stormwater pumping station at the 16th Street Detention Basin. Seconded by Jones.
Responding to questions from the City Council, City Manager Van Milligen described
the potential for slowing other projects impacted by the flow of funding sources and
changes in tax revenue. He added that state SRF loans are a preferred funding source
because of their desirable terms, low interest rates, and the provision to fund sponsored
projects through lowered interest rates and refinancing. Motion carried 7-0.
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3. Park and Recreation Facility Naming Policy Recommendation: City Manager
recommending approval of the Park and Recreation Facility Naming Policy
recommendation from the Parks and Recreation Advisory Commission. Motion by
Larson to receive and file the documents and approve the recommendation. Seconded
by Jones. Responding to questions from the City Council, Leisure Services Manager
Marie Ware stated that this policy fits well under existing naming policies and that the
proposed agreement retains the City Council's right to name or rename if a sponsor
goes out of business or is defamed in some manner. Motion carried 7-0.
4. Presentation on Balancing Act Budget Simulation and Taxpayer Receipt Software:
Budget Director Jennifer Larson gave a live presentation of the Balancing Act Budget
Simulation and Taxpayer Receipt software that allows users to anonymously calculate
and submit a sample city budget using real-time figures and to calculate tax receipts
based on actual properties. Ms. Larson noted that the user data is compiled for tracking
of budget information that will be shared with Council during the FY2020 budget
process. Motion by Resnick to receive and file the information. Seconded by Shaw.
Motion carried 7-0.
5. Request for Work Session - Travel Dubuque: City Manager recommending that the
City Council set Travel Dubuque's annual City budget work session for February 4,
2019 at 530 p.m. in the Council Chambers. Motion by Jones to receive and file the
documents and schedule the work session as recommended. Seconded by Resnick. No
scheduling conflicts were noted at the time. Motion carried 7-0.
6. Request for Work Session -Inclusive Dubuque Quarterly Report: City Manager
recommending that the City Council schedule the Inclusive Dubuque Work Session for
January 28, 2019 at 6:00 p.m., in the City Council Chambers. Motion by Jones to
receive and file the documents and schedule the work session as recommended.
Seconded by Resnick. No scheduling conflicts were noted at the time. Motion carried 7-
0.
7. Southwest Arterial Construction Update Video: Cable TV Division presented a
video of the recent progress of the Southwest Arterial Project for November 2018.
Motion by Del Toro to receive and file the information. Seconded by Larson. Motion
carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Shaw congratulated Rick Dickinson and the team involved in the
success of Opportunity Dubuque.
CLOSED SESSION
Motion by Jones to convene in closed session at 720 p.m. 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 attorneys who
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will consult with City Council on the issues to be discussed in the closed session are
City Attorney Crenna Brumwell and Attorney Les Reddick. Motion carried 7-0.
Upon motion at 8:23 p.m., the City Council reconvened in open session having
provided staff with proper direction.
There being no further business, upon motion the City Council adjourned at 824 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
1t 12/12
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