Minutes_City Council Proceedings 1 22 19 Copyrighted
February 4, 2019
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of 1/22, 1/28; Library Board of
Trustees of 12/20/18; Park and Recreation Commission of
1/8; Proof of Publication for City Council Proceedings of
1/7; Proof of Publication for List of Claims and Summary of
Revenues for Month Ending 12/31/18;
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
City Council Proceedings of 1/22/19 Supporting Documentation
City Council Proceedings of 1/28/19 Supporting Documentation
Library Board of Trustees Minutes of 12/20/18 Supporting Documentation
Park and Recreation Commission Minutes of 1/8/19 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
1/7/19
Proof of Publication for List of Claims/Summary of Supporting Documentation
Revenues for ME 12/31/18
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on January 22, 2019 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
PROCLAMATION(S)
1 . Eagles Eyes on the Future Month (January 2019) was accepted by Michael Duehr
of the Fraternal Order of Eagles, 1175 Century Drive.
CONSENTITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Jones. Ginger Smith requested Item #20 be held
for separate discussion. Motion carried 7-0.
1 . Minutes and Reports Submitted: Airport Commission of 5/15/18, 6/25/18, 8/6/18,
9/24/18; City Council Proceedings of 1/7/19; Cable TV Commission of 1/9/19; Library
Board of Trustees Minutes of 10/25/18, 11/29/18; and Council Update #178 of 12/20/18;
Resilient Community Advisory Commission of 10/4/18, 11/1/18, 12/6/18 and 1/3/19;
Transit Advisory Board of 1/10/19; Zoning Advisory Commission of 1/2/19; Proof of
Publication for City Council Proceedings of 12/17/18. Upon motion the documents were
received and filed.
2. Notice of Claims and Suits: SPT Real Estate, LLC/ Shawn Thomas, Sr., 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: SPT Real Estate, LLC / Shawn Thomas, Sr., for property damage. Upon
motion the documents were received, filed, and concur.
4. Approval of City Expenditures: City Manager recommending Council approval for
payment of City expenditures. Upon motion the documents were received and filed, and
Resolution No. 23-19 Authorizing the Finance Director-City Treasurer to make certain
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payments of bills that must be paid and approved for payment in accordance with City
procedures was adopted.
5. Historic Route 20 Designation: City Manager recommending approval of a resolution
in support of the designation of Highway 20 in the City limits of Dubuque as Historic Route
20. Upon motion the documents were received and filed, and Resolution No. 24-19
Declaring support of designation and intent of the placement of Historic Route 20 signage
on the state-maintained road was adopted.
6. Finance Department - Cashier Position: City Manager recommending approval to
eliminate one Cashier position and create one Account Clerk I position in the Finance
Department. Upon motion the documents were received, filed and approved.
7. Industrial Electronics Technician: City Manager recommending that the vacant
Maintenance Electrician position at the Water and Resource Recovery Center be
reclassified and retitled as an Industrial Electronics Technician and the Electronic
Technician position also be retitled as an Industrial Electronics Technician. Upon motion
the documents were received, filed and approved.
8. Civil Service Commission - Certified List: Civil Service Commission submitting the
Certified List for the position of Bus Operator. Upon motion the documents were received,
filed, and made a Matter of Record.
9. Resilient Community Advisory Commission Request to Declare Position Vacant:
Correspondence from the Resilient Community Advisory Commission requesting that a
position be declared vacant and a replacement appointed. Upon motion the documents
were received, filed and approved.
10. Kohl's Property Tax Appeal Stipulation of Settlement: Senior Counsel
recommending approval of a Stipulation of Settlement for a property tax appeal filed by
Kohl's for their property at 2595 NW Arterial. Upon motion the documents were received,
filed and approved.
11 . Pre-Annexation Agreement - Mathy Construction: City Manager recommending
approval of a Pre-Annexation Agreement with Mathy Construction Company for property
located at 4900 Dodge Street, which is located outside the City limits. Upon motion the
documents were received and filed, and Resolution No. 25-19 Approving a Pre-
Annexation Agreement between the City of Dubuque, lowa and Mathy Construction
Company was adopted.
12. Pre-Annexation Agreement - Brian and Angela Link: City Manager recommending
approval of a Pre-Annexation Agreement with Brian R. and Angella M. Link, property
owners of Lot 4 in Twin Ridge Subdivision No. 4. Upon motion the documents were
received and filed, and Resolution No. 26-19 Approving a Pre-Annexation Agreement
between the City of Dubuque, lowa and Brian R. and Angella M. Link was adopted.
13. Community Housing Initiative (CHI) Second Amendment to Agreement: City
Manager recommending approval of the Seconded Amendment to the Agreement
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between the City of Dubuque and Community Housing Initiatives (CHI) to reflect the
increased amount of the City's contribution for the remaining 16 units. Upon motion the
documents were received and filed, and Resolution No. 27-19 Approving the Second
Amendment to the Agreement between the City of Dubuque, lowa and Community
Housing Initiatives was adopted.
14. Fiscal Year 2019 Community Development Block Grant Annual Action Plan
Amendment 1 : City Manager recommending approval of the Fiscal Year 2019
Amendment 1 to the Community Development Block Grant (CDBG) Annual Action Plan.
Upon motion the documents were received and filed, and Resolution No. 28-19 Adopting
Amendment 1 to the Fiscal year 2019 (Program Year 2018) Community Development
Block Grant (CDBG) Annual Action Plan was adopted.
15. Purina Drive Salt Storage Fabric Building Project Acceptance: City Manager
recommending acceptance of the construction contract for the Purina Drive Salt Storage
Fabric Building Project as completed by A & B Construction Limited. Upon motion the
documents were received and filed, and Resolution No. 29-19 Accepting the Purina Drive
Salt Storage Fabric Building Project and authorizing the payment of the contract amount
to the contractor was adopted.
16. Acceptance of Public Improvements in South Pointe Subdivision: City Manager
recommending acceptance of the public improvements that the developer, Dubuque
South Pointe, LLC, has recently completed in South Pointe Subdivision. Upon motion the
documents were received and filed, and Resolution No. 30-19 Accepting Public
Improvements in the South Pointe Subdivision in the City of Dubuque, lowa was adopted.
17. Acceptance of 2017 Windsor Avenue Sanitary Sewer Manhole Project: City
Manager recommending acceptance of the public improvement construction contract for
the 2017 Windsor Avenue Sanitary Sewer Manhole Project as completed by Drew Cook
& Sons Excavating. Upon motion the documents were received and filed, and Resolution
No. 31-19 Accepting the 2017 Windsor Avenue Sanitary Sewer Manhole Project was
adopted.
18. Upper Bee Branch Creek Railroad Culverts Project - Revised Notice to Bidders
and Bid Letting Date: City Manager recommending approval of a resolution changing the
deadline for submission of bids forthe Upper Bee Branch Creek Railroad Culverts Project
to 2:00 p.m. on February 5, 2019. Upon motion the documents were received and filed,
and Resolution No. 32-19 Ratifying, confirming, and approving the change in deadline for
submission of bids and publication of an Amended Notice to Bidders for the Upper Bee
Branch Creek Railroad Culverts Project was adopted.
19. Dubuque Metropolitan Area Solid Waste Agency (DMASWA) Budget and Fee
Schedule: Correspondence from the Dubuque Metropolitan Solid Waste Agency
informing the City of the Agency's Fiscal Year 2020 Budget and Fee Schedule. Upon
motion the documents were received and filed.
20. Citizen Petition for Residential Parking District for Norland Drive: Citizen Petition
submitted by Tony Fassbinder on behalf the Norland Drive neighborhood supporting a
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Residential Parking District from 7:00 a.m. to 3:00 p.m. Monday through Friday. Motion
by Resnick to receive and file the documents and refer to the City Manager. Seconded
by Jones. Ginger Smith requested that the City Council temporarily suspend or allow one-
side parking within Residential Parking Permit District H until the Hempstead Pool
construction project that is displacing the student parking is complete. She stated that
amending the District is only pushing the student parking and congestion to streets further
east of the school. Motion carried 7-0.
21 . Signed Contract(s): Revocable License with Bries Holding, LLC for an ADA access
ramp at 1046 Central Avenue. Upon motion the documents were received and filed.
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. 33-19 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
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 Resnick. Motion carried 7-0.
1 . Dubuque County Historical Society Ice Harbor Fifth Amendment to Lease
Agreement: Senior Counsel recommending that the City Council set a public hearing on
February 4, 2019 to consider the intent to dispose of an interest in City-owned real estate
by Fifth Amendment to Lease Agreement between the City of Dubuque, lowa and
Dubuque County Historical Society (DCHS). Upon motion the documents were received
and filed, and Resolution No. 34-19 Intent to dispose of an interest in real property by
Fifth Amendment to Lease between the City of Dubuque, lowa and Dubuque County
Historical Society was adopted setting a public hearing for a meeting to commence at
6:00 p.m. on February 4, 2019 in the Historic Federal Building.
2. Public Hearing for Fiscal Year 2020 Community Development Block Grant Annual
Action Plan: City Manager recommending that the Fiscal Year 2020 Community
Development Block Grant Annual Action Plan be set for public hearing on February 13,
2019. Upon motion the documents were received and filed, and Resolution No. 35-19
Setting a public hearing on the Fiscal Year 2020 (Program year 2019) Community
Development Block Grant (CDBG) Annual Action Plan budget was adopted setting a
public hearing for a meeting to commence at 6:00 p.m. on February 13, 2019 in the
Historic Federal Building.
3. 22nd Street/Kaufmann Avenue Storm Sewer Improvements Project (White Street to
Kleine Street): City Manager recommending initiation of the public bidding procedure for
the 22nd Street/Kaufmann Avenue Storm Sewer Improvements Project (White Street to
Kleine Street), adoption of resolutions preliminarily approving the proposed plans,
specifications, form of contract, and estimated cost, and further recommends that a public
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hearing be set for February 18, 2019. Upon motion the documents were received and
filed, and Resolution No. 36-19 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 February 18, 2019 in
the Historic Federal Building.
BOARDS/COMMISSIONS
Review of applications to the following boards/commissions. Applicants were invited to
address the City Council regarding their application for appointment.
1 . Community Development Advisory Commission: One, 3-Year term through
February 15, 2022 (Expiring terms of Boles and Hinke): Applicants: Dean Boles, 1715
Geraldine Dr.; Hinke, Michelle, 973 Patricia Ann Dr.
2. Investment Oversight Committee: One, 3-Year term through July 1 , 2021 (Vacant
term of Ferraro). Applicant: Luke Schiltz, 2955 Van Buren St. Mr. Schiltz spoke in support
of his appointment and provided a brief biography.
3. Mediacom Charitable Foundation: One, 1-Year term through December 31 , 2019
(Expired term of Twining). Applicant: Constance Twining, 1818 Avalon Rd.
4. Resilient Community Advisory Commission: Commission requesting Carrie
Lohmann be appointed to the vacant term of Drahozal which has a cross-representation
requirement thus allowing her current At-Large term to be filled. One, 3-Year term through
August 30, 2019 (Vacant Cross representation term of Drahozal)
Applicants: Carrie, Lohmann, 1879 Denver Dr. (Currently on the Transit Advisory
Board, Qualifies for Cross Representation); One, 3-Year term through July 1 , 2019
(Vacant At-Large term of Lohmann), One, 3-Year term through July 1 , 2021 (Vacant At-
Large term of Darr). Applicants: Jacob Kahlhaas, 1125 Richards Rd.; and Adam Hoffman,
1910 Marion St. Mr. Hoffman spoke in support of his appointment and provided a brief
biography.
PUBLIC HEARINGS
1 . Approving a Development Agreement by and among the City of Dubuque, Dupaco
Voices, LLC, and Dupaco Community Credit Union to Redevelop Property at 1000
Jackson Street: Proof of publication on notice of public hearing to consider approval of a
proposed Development Agreement between and among Dupaco Voices, LLC, Dupaco
Community Credit Union and the City of Dubuque providing for the issuance of Urban
Renewal Tax Increment Revenue Grant Obligations for development of property at 1000
Jackson Street, and the City Manager recommending approval. Motion by Jones to
receive and file the documents and adopt Resolution No. 37-18 Approving a Development
Agreement by and among the City of Dubuque, lowa, Dupaco Voices, LLC, and Dupaco
Community Credit Union, including providing for the issuance of Urban Renewal Tax
Increment Revenue Obligations, for the redevelopment of 1000 Jackson Street.
Seconded by Resnick. Dupaco President and CEO Joe Hearn, 3999 Pennsylvania
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Avenue, spoke in support of the request, described the project, thanked staff and
recognized Dupaco's volunteer Board Members for their work on the project. Architect
Jeff Morton, 206 Bluff Street, displayed several conceptual illustration boards and
described some details of the project. Mr. Morton responded to questions from the City
Council regarding possible preservation of the existing mural and internal artwork.
Dubuque Main Street President/CEO Dan LoBianco, 1069 Main Street; Ryan Peters of
RDG, 900 Jackson Street; Duane Haggerty, Heritage Works, 210 W. 1 S� Street; City
Transit Advisory Board Member Robert Daughters; Fountain of Youth Director Caprice
Jones, 1497 Central Avenue; Four Mounds Foundation Operations/Marketing Manager
Jill Courtney, 4900 Peru Road; and Opening Doors Executive Director Carol Gebhart,
2100 Asbury Road, all spoke in support of the recommendation.
City Council discussion included concerns over parking impacts and what need there
is for Smart Meters, questions regarding office vs. commercial space within the building,
potential for negative funding impact on the North End Neighborhood development,
positive benefit to area not-for-profit agencies, shifts in transportation needs and options
alleviating parking, and the trust in Dupaco as a community partner. City Manager Van
Milligen addressed the magnitude of Dupaco's investment and questions and concerns
regarding the terms of the agreement and what city actions could be a violation of the
agreement. Greater Dubuque Development Corporation President and CEO, Rick
Dickinson addressed the City Council about the benefits over time to the North End
Neighborhood and Central Avenue Corridor resulting from the True North Program.
Motion carried 5-2 with Rios and Shaw voting nay.
2. Request to Rezone 690 W. Locust Street: Proof of publication on notice of public
hearing to consider a request from Kava Real Estate, LLC to rezone property at 690 W.
Locust St. from C-1 Neighborhood Commercial District to C-3 General Commercial
District, and the Zoning Advisory Commission recommending approval with the condition
that a bar/tavern be struck from the list of permitted uses. 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. Planning Services Manager Laura
Carstens provided a staff report. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 7-19 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 690 W. Locust Street from C-1
Neighborhood Commercial District to C-3 General Commercial District with conditions, as
established in the attached Memorandum of Agreement. Seconded by Resnick. Motion
carried 7-0.
3. Request to Amend Planned Unit Development (PUD) for Warren Plaza: Proof of
publication on notice of public hearing to consider approval of a request from Josh Kuhn
to amend the Warren Plaza Planned Unit Development (PUD) at 3500 Dodge Street to
permit 3 freestanding directory signs, with the Zoning Advisory Commission
recommending approval of two, 30-square-foot signs; and one, 65-square-foot sign.
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 Del Toro.
Assistant Planner Wally Wernimont provided a staff report and responded to questions
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from the City Council regarding updating this area to be consistent and current with other
PUDs. Motion carried 7-0.
Motion by Larson for final consideration and passage of Ordinance No. 8-19 Amending
Title 16, the Unified Development Code of the City of Dubuque Code of Ordinances by
rescinding Ordinance 21-17 which provides regulations for the Warren Place PUD
Planned Unit Development District with a Planned Commercial Designation at 3500
Dodge Street and now being amended to allow for the installation of three directional
signs. Seconded by Del Toro. Motion carried 7-0.
PUBLIC INPUT
Jerry Maro, 10366 Timothy St., Asbury, address the Source of Income Report and
proposed ordinance upcoming on the Action Agenda. Mr. Maro was glad that the report
had no discussion of the percentage of landlords participating in the Housing Choice
Voucher Program believing that the calculations were inaccurate. He took exception to
the issue of limited advertising of units and describe the accessibility to rental information
as well as the changes being made with the Landlords' Association. He concluded by
stating that on behalf of the Association, he objected to any measure that would force
landlords to take housing choice vouchers.
Lynn Sutton, 859 Air Hill, relayed a personal experience with helping a resident find
housing and the issues they encountered. She added that while she is against any
program mandates, residents cannot be denied housing.
Jessica Perry, 1560 lowa Street., stated she felt it is difficult to find housing accepting
vouchers, that some landlords can be derogatory toward perspective renters and that
there is a limited window for finding an apartment that accepts vouchers before it goes off
the market.
Derek Clark, 1086 Wood Street, Dubuque Renters' Union, referenced the criminal
background check detail as being vague, and believed the treatment of tenants using
vouchers and the quality of their housing should be known.
Kaylee Kerper, 1560 lowa Street., Dubuque Renters' Union, thanked the
Council/Manager for submitting the letter to area Legislators and added that the request
for data collection in the recommendation is not asking much.
ACTION ITEMS
1 . Code of Ordinances Amendment Title 16 - Zoning Advisory Commission Voting
Quorum (Final Reading): Zoning Advisory Commission recommending approval of
amending ordinance the Unified Development Code (Zoning Ordinance) sections 16-9-1
(J)(5), 16-9-5-2(B), 16-9-6-2(B), and 16-9-6-3 to modify voting requirements for the
Zoning Advisory Commission. Motion by Jones for final consideration and passage of
Ordinance No. 2-19 Amending Title 16 Unified Development Code of The City Code of
Ordinances, by Amending Section 16-9-1 (J)(5), Section 16-9-5-2(B), Section 16-9-6-2(B)
And Section 16-9-6-3 to Remove the Requirement for a Minimum of Four Affirmative
Votes by the Zoning Advisory Commission for a Recommendation of Approval for
Rezonings and Text Amendments. Seconded by Resnick. Council Members Del Toro and
Rios reiterated their opposition to the amendment believing that the current process
doesn't present enough of a barrier to warrant the amendment. Motion carried 4-3 with
Del Toro, Rios and Shaw voting nay.
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2. Source of Income Annual Report, Recommendations and Proposed Code of
Ordinances Amendment - Title 14 Housing Choice Voucher Program: City Manager
transmitting the 2018 Source of Income Annual Report and recommending that the City
Council approval of an ordinance requiring property owners or managers to report which
rental units accept Housing Choice Vouchers during the annual rental license process,
generates a list of participating landlords, and collects data that will allow for further
analysis of the housing needs in the City of Dubuque. 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. City Manager Van Milligen, City Attorney
Brumwell and Housing and Community Development Director Alexis Steger responded
to questions from the City Council regarding the impact on the 2020 licensing cycle,
central data collection software and measuring matrix, HUD vs. City requirements, and
landlord training on applicant screenings. Motion carried 7-0.
Motion by Larson for final consideration and passage of Ordinance No. 9-19 Amending
City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1
Building Codes, Article J Property Maintenance Code, Section 14-1J-3 Rental Licenses.
Seconded by Resnick. Motion carried 7-0.
3. Childcare Pilot Project Funding: City Manager recommending approval to provide
the initial funding for the Childcare Pilot Project that provides free childcare to Opportunity
Dubuque students and graduates. Motion by Jones to receive and file the documents and
adopt Resolution No. 38-19 Approving funding for the Opportunity Dubuque Childcare
Pilot Program. Seconded by Resnick. Responding to questions the from the City Council,
Greater Dubuque Development Corporation President/CEO Rick Dickinson provided
some background and details about the program in terms of committee discussions,
receiving support and measuring needs from local business CEO's and human resources
personnel, concerns with and regulation of pop-up childcare centers, current and future
providers.
Council Member Rios stated that he would be abstaining from the vote for a conflict of
interest as he owns a childcare business, but wanted to address the Council as a citizen
and business owner. Then, speaking from the dais, Mr. Rios believed that the pilot
program has promise, but expressed his concerns about the childcare pop-up centers
possibly skirting regulation regarding serving of ineals. restrooms ratios, and affecting the
equitable treatment of all childcare businesses. Mr. Rios feels that there is already quality,
affordable childcare available in town and suggested that downtown businesses be
approach regarding a second-shift childcare option. Motion carried 6-0 with Rios
abstaining.
4. Letter to Federal Legislators-Partial Federal Shutdown effect on Housing Choice
Vouchers and Additional Information on What the Government shutdown means for
Dubuque: City Manager providing a letter to Federal Legislators regarding the partial
Federal shutdown effect on Housing Choice Vouchers and additional information on what
the Government shutdown means for Dubuque. Motion by Jones to receive and file.
Seconded by Resnick. Motion carried 7-0.
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5. Recommendations to Improve the Customer Experience Based Upon the Smart
Meter Pilot: City Manager recommending that the City move forward with creating a
comprehensive plan for the implementation of a Smart Parking Services Platform. Motion
by Jones to receive and file the documents and approve the recommendation. Seconded
by Resnick. Council Member Shaw spoke in opposition to the pilot recommending that
the capital and maintenance investment be retained and that the use of parking meters
be abandoned. Buol, Resnick and Jones spoke to the benefits of the pilot citing the
automation as convenient and that the parking data collection would be valuable. Motion
carried 6-1 with Shaw voting nay.
6. SW Arterial Construction Update Video: Cable TV Division will show a video of the
recent progress of the Southwest Arterial Project. Motion by Resnick to receive and file
the information. Seconded by Larson. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Del Toro thanked the citizens who attended the meeting despite the
inclement weather. Out of concern for the safety of staff and citizens, Mr. Del Toro
suggested that the City Council consider developing a policy for delaying, postponing or
canceling City Council meetings in the event of inclement weather.
There being no further business, upon motion the City Council adjourned at 935 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
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