Minutes_City Council Proceedings 3 4 19 Copyrighted
March 18, 2019
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUM MARY: Arts and Cultural Affairs Advisory Commission of 2/26;
Cable TV Commission of 3/6; City Council proceedings of
3/4, 3/7, 3/11 ; Civil Service Commission of 3/7; Community
Development Advisory Commission of 1/16; Housing
Commission of 3/8; Historic Preservation Commission of
2/21; Human Rights Commission of 3/8; Library Board of
Trustees Minutes of 1/24 and Council Update#180 of
2/28; Long Range Planning Advisory Commission of 2/25;
Resilient Community Advisory Commission of 3/7; Zoning
Advisory Commission of 3/18; Zoning Board of Adjustment
of 2/28; Proof of publication for City Council proceedings
of 2/18, 2/21 .
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Arts and Cultural Affairs Advisory Commission Minutes Supporting Documentation
of 2/26/19
Cable N Commission Minutes of 3/6/19 Supporting Documentation
City Council Proceedings of 3/4/19 Supporting Documentation
City Council Proceedings of 3/7/19 Supporting Documentation
Civil Service Commission Minutes of 3/7/19 Supporting Documentation
Community De�lopmentAdvisory Commission Minutes Supporting Documentation
of 1/16/19
Historic Preservation Commission Minutes of 2/21/19 Supporting Documentation
Housing Commission Minutes of 3/8/19 Supporting Documentation
Human Rights Commission Minutes of 2/18/19 Supporting Documentation
Library Board of Trustees Minutes of 1/24/19 Supporting Documentation
Library Board of Trustees Council Update#180 of Supporting Documentation
2/18/19
Long-Range Planning Advisory Commission Minutes of Supporting Documentation
2/25/19
Resilient Community Advisory Commission Minutes of Supporting Documentation
3/7/19
Zoning Advisory Commission Minutes of 3/18/19 Supporting Documentation
Zoning Board of Adjustrnent Minutes of 2/28/19 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
2/18/19
Proof of publication for City Council Proceedings of Supporting Documentation
2/21/19
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on 4�h day of March 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
CONSENTITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Del Toro. Motion carried 7-0.
1 . Minutes and Reports Submitted: City Council proceeding of 2/11 , 2/13, 2/18, 2/21 ,
2/25, 2/27; Civil Service Commission of 12/21/18, 2/12/19, Human Rights Commission of
1/14; Park and Recreation Advisory Commission of 2/12; Proof of Publication for City
Council Proceedings of 2/4, 2/7, 2/11 , 2/13; Proof of Publication for List of Claims and
Summary of Revenues for Month Ending 1/31 . Upon motion the documents were
received and filed.
2. Notice of Claims and Suits: Hope Ehlinger for vehicle damage, Audrey Gottschalk
for vehicle damage, Zachary Hallman for vehicle damage, Andres Liza for property
damage, Kalyn Nowacki for vehicle damage, Conor Shoellhorn for vehicle damage,
Nicole and Ricardo Woods for personal injury/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
Assurance Pool: Audrey Gottschalk for vehicle damage, Andres Leza for property
damage, Kalyn Nowacki for vehicle damage, Conor Shoellhorn for vehicle damage,
Nicole and Ricardo Woods for personal injury/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 and filed, and
Resolution No. 69-19 Authorizing the Finance Director-City Treasurer to make certain
payments of bills that must be paid and approved for payment in accordance with City
procedures was adopted.
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5. Fiscal Year 2020 County Tax Increment Financing (TIF) Report: City Manager
transmitting the Annual Tax Increment Financing (TIF) Report that has been filed with
Dubuque County Auditor Denise Dolan. Upon motion the documents were received and
filed.
6. Certified Local Government (CLG) Annual Report: City Manager recommending
approval of the Calendar Year 2018 Certified Local Government (CLG) Annual Report.
Upon motion the documents were received, filed and approved.
7. Land and Water Conservation Fund (LWCF) Grant Application for the Bee Branch
Creek Trail Connector: City Manager recommending approval of an application to the
lowa Department of Natural Resources for a Land and Water Conservation Fund (LWCF)
Grant to complete the Bee Branch Creek Trail Connector. Upon motion the documents
were received and filed, and Resolution No. 70-19 Authorizing Land and Water
Conservation Fund (LWCF) Grant application to lowa Department of Natural Resources
for Bee Branch Creek Trail Connector was adopted.
8. Community Attractions and Tourism (CAT) Grant Agreement for Miracle League:
City Manager transmitting the award of a CAT grant and requesting approval of the
resolution and the Grant Agreement for the Community Attractions and Tourism (CAT)
grant to Enhance lowa for the Miracle League of Dubuque Baseball Field and All-Inclusive
Playground Project. Upon motion the documents were received and filed, and Resolution
No. 71-19 Authorizing CAT Grant Agreement with Enhance lowa for the Miracle League
of Dubuque Baseball Field and All-Inclusive Playground Project was adopted.
9. Awarding the 2019 Grand River Center Decorative Concrete Repair Project: City
Manager recommending award of the construction contract for the 2019 Grand River
Center Decorative Concrete Repair Project to the low bidder D&D Concrete, Inc. Upon
motion the documents were received and filed, and Resolution No. 72-19 Awarding public
improvement project for the Grand River Center - Decorative Concrete Repair Project
was adopted.
10. Design Mill, Inc. Third Amendment to lowa Values Funds Financial Assistance
Contract: City Manager recommending approval of a resolution authorizing the Third
Contract Amendment to the lowa Values Funds Financial Assistance Contract by and
among the lowa Economic Development Authority, Design Mill, Inc., and the City of
Dubuque. Upon motion the documents were received and filed, and Resolution No. 73-
19 Approving a Third Amendment to the Economic Development Financial Assistance
Contact by and among Design Mill, Inc., the City of Dubuque and the lowa Department
of Economic Development was adopted.
11 . Acceptance of the 30th Street to Leibe Street Sanitary Sewer Reconstruction
Project: City Manager recommending acceptance of the construction contract for the 30th
Street to Leibe Street Sanitary Sewer Reconstruction Project, as completed by Temperley
Excavating, Inc. Upon motion the documents were received and filed, and Resolution No.
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74-19 Accepting the 30th Street and Leibe Street Sanitary Sewer Reconstruction Project
and authorizing the payment to the contractor was adopted.
12. Civil Service Commission - Certified Lists: Civil Service Commission submitting the
Certified Lists for the positions of Lead Mechanic and GIS Applications Specialist. Upon
motion the documents were received, filed and made a Matter of Record.
13. GrassM/eed Cutting and Garbage Collection Assessments - Housing Department:
City Manager recommending that the City Council adopt a resolution authorizing the City
Clerk to certify grass and weed cutting and garbage collection charges to the Dubuque
County Treasurer in order to establish real property liens for collection of such charges.
Upon motion the documents were received and filed, and Resolution No. 75-19
Authorizing the City to collect delinquent grass and weed cutting and garbage collection
charges in accordance with Title 6-4-3A and Title 6-8-2 of the Code of Ordinances of the
City of Dubuque, lowa was adopted.
14. Vacant and Abandoned Buildings and Problem Property Assessments: City
Manager recommending approval of a resolution authorizing the City to certify problem
property charges to the Dubuque County Treasurer in order to establish real property
liens for collection of such charges. Upon motion the documents were received and filed,
and Resolution No. 76-19 Authorizing the City to collect delinquent problem property
charges in accordance with 14-GE International Property Maintenance Code Section
106.5 and/or Section 109.5 Code of Ordinances of the City of Dubuque, lowa was
adopted.
15. Alternative Service Concepts (ASC) Addendum to Workers' Compensation Claims
Administrative Services Agreement: City Manager recommending approval of an
Addendum to the Agreement with Alternative Services Concepts for services related to
the administration of the City's Worker's Compensation Program that extends the current
Agreement from March 1 , 2019 to May 31 , 2019. Upon motion the documents were
received, filed and approved.
16. Amendment to the Collective Bargaining Agreement between the City and
International Union of Operating Engineers, Local #234: City Manager recommending
approval of an Amendment to the Collective Bargaining Agreement in effect from July 1 ,
2017 to June 30, 2022, between the City of Dubuque and the International Union of
Operating Engineers, Local #234. Upon motion the documents were received and filed,
and Resolution No. 77-19 Approving the Amendment to the collective Bargaining
Agreement in effect from July 1 , 2017 to Jun 30, 2022, between the City of Dubuque,
lowa, and the International Union of Operating Engineers, Local #234 and authorizing the
Mayor to sign the Amendment was adopted.
17. Q Casino Request for Expenditure from Depreciation and Improvement Fund:
Dubuque Racing Association President and CEO Jesus Aviles requesting City Council
approval to expend money from the Depreciation and Improvement Fund (D&I) for grease
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receptors serving the kitchens at Q Casino. Upon motion the documents were received,
filed and approved.
18. Urban Revitalization Multi-Family Value Increase Requirements: City Manager
recommending approval of a resolution that approves a required 10°k valuation increase
for multi-family properties to be eligible for tax abatement under lowa Code Chapter 404
Urban Revitalization. Upon motion the documents were received and filed, and
Resolution No. 78-19 Setting the required percent increase in actual value for multi-
residential assessed property to qualify for urban revitalization was adopted.
19. Request for Proposals - Four Mounds Park Ecological Restoration Project: City
Manager recommending approval of the Request for Proposals for qualified consulting
services for Phase 1 Permitting and Implementation of Ecological Restoration Plan and
Interpretation Plans for Four Mounds Park. Upon motion the documents were received,
filed and approved.
20. Dubuque County Historical Society Funding Request to Johanna Favrot Fund: City
Manager recommending approval of a resolution authorizing the Dubuque County
Historical Society to apply for funding from the Johanna Favrot Fund of the National Trust
for Historic Preservation for an Historic Structure Report for the Mathias Ham House.
Upon motion the documents were received and filed, and Resolution No. 79-19 Approving
Johanna Favrot Grant application to the National Trust of Historic Preservation for Historic
Structure Report of the Mathias Ham House was adopted.
21 . Additional Hours for Finance Part-Time Confidential Account Clerks: City Manager
recommending approval of additional hours for the two part-time Confidential Account
Clerks in the Finance Department. Upon motion the documents were received, filed and
approved.
22. Legislative Correspondence Regarding Property Tax Rates: City Manager
providing a copy of a letter to State Legislators regarding property tax rates. Upon motion
the documents were received and filed.
23. Legislative Correspondence - HSB100 and SSB1141 Land Use and Zoning: City
Manager providing a copy of correspondence sent to State Legislators expressing
opposition to State preemption of local land use and zoning issues. Upon motion the
documents were received and filed.
24. Legislative Correspondence - HSB185 Net Metering on Solar Energy Systems:
City Manager providing a copy of correspondence sent to State Legislators expressing
opposition to the elimination of many benefits and incentives related to net metering on
solar energy systems. Upon motion the documents were received and filed.
25. 2019 Federal Legislative Priorities: City Manager recommending adoption of the
City of Dubuque 2019 Federal Legislative Priorities. Upon motion the documents were
received, filed and approved.
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26. Signed Contract(s): Dubuque Area Labor-Management Council Short-Term Lease
in the Historic Federal Building. Upon motion the documents were received and filed.
27. 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. 80-19 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 was adopted.
ITEMS SET FOR PUBLIC HEARING
1 . 2019 Decorative Concrete Maintenance Project Initiate: City Manager
recommending initiation of the public bidding procedure for the 2019 Decorative Concrete
Maintenance Project, and further recommends that a public hearing be set for March 18,
2019. Upon motion the documents were received and filed, and Resolution No. 81-19
Preliminary approval of plans, specifications, form of contract, and estimated cots; setting
date of public hearing on plans, specifications, form of contract, and estimated cost was
adopted setting a public hearing for a meeting to commence at 6:00 p.m. on March 18,
2019 in the Historic Federal Building.
2. Seippel Road Water Main Relocation Project Landfill Access Frontage Road Initiate:
City Manager recommending initiation of the public bidding procedure for the Seippel
Road Water Main Relocation Project, and requests the City Council grant preliminary
approval of the construction plans and specifications, and establish March 18, 2019 as
the date of the public hearing. Upon motion the documents were received and filed, and
Resolution No. 82-19 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 was adopted setting a public hearing for a meeting to commence at
6:00 p.m. on March 18, 2019 in the Historic Federal Building.
BOARDS/COMMISSIONS
Applications were reviewed for the following Boards and Commissions. Applicants
were invited to address the City Council regarding their desire to serve on the following
Boards/Commissions.
1 . Community Development Advisory Commission: One, 3-Year term through
February 15, 2020 (Vacant term of James). Applicant: Ellen Pinnola, 1420 Glen Oak St.
M.s Pinnola spoke in support of her appointment and provided a brief biography.
2. Long-Range Planning Advisory Commission: One, 3-Year term through July 1 , 2020
(Vacant term of James). One, 3-Year term through July 1 , 2021 (Vacant term of Darter).
Applicants: Michael Peroski, 1935 Coates St.; Tyler Stoffel, 960 Boyer St. Mr. Peroski
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and Mr. Stoffel spoke in support of their respective appointments and provided brief
biographies.
3. Mechanical and Plumbing Code Board: One, 3-Year term through March 16, 22
(Expiring term of Hillary). Applicant: Daniel Hillary, 3087 Arbor Oaks Dr.
PUBLIC HEARINGS
1 . Residential Parking Permit District H Amendment - Norland Drive: Proof of
publication on notice of public hearing to consider approval of an ordinance amending
Parking Permit District H to include both sides of Norland Drive from Keymont Drive to
Keystone Drive with current day/time parking restrictions being assumed for this addition,
and the City Manager recommending approval. 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 Jones. Patricia Meyer, 1860 Norland Dr.; Connie Klein, 1861
Norland Dr.; and Ron Axtell, 1895 Norland Dr. spoke in support of the amendment.
Responding to questions from City Council, City Engineer Gus Psihoyos provide a history
of the residential parking districts, how staff evaluated the street, and the issues with
student parking from area schools adjacent to neighborhoods. City Council suggested
that staff have discussion with Dubuque Community Schools to partner for a solution.
Motion carried 7-0.
Motion by Larson for final consideration and passage of Ordinance No. 11-19
Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic,
Chapter 14 Parking, Division 7 Residential Parking Permit Program, Section 9-14-
321 .740 Residential Parking Permit District H. Seconded by Shaw. Motion carried 7-0.
2. Residential Parking Permit District H Amendment - Sharon Drive: Proof of
publication on notice of public hearing to consider approval of an ordinance amending
Parking Permit District H to include both sides of Sharon Drive from Pennsylvania Avenue
to Key Corners with current day/time parking restrictions being assumed for this addition,
and the City Manager recommending approval. 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. Robert Bott, 1718 Sharon Dr. spoke in support of
the amendment and suggested the school district consider student carpooling. Motion
carried 7-0.
Motion by Larson for final consideration and passage of Ordinance No. 12-19
Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic Chapter
14 Parking, Division 7 Residential Parking Permit Program, Section 9-14-321 .740
Residential Parking Permit District H. Seconded by Del Toro. Motion carried 7-0.
3. N. Cascade Road Reconstruction Project Right-of-Way Property Acquisition: Proof
of publication on notice of public hearing to consider approval of a resolution which
establishes and sets the Just Compensation Valuation (Fair Market Value) for each
identified property to be acquired or condemned based on the certified Acquisition
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Appraisal and Review Appraisal reports, and the City Manager recommending approval.
Motion by Resnick to receive and file the documents and adopt Resolution No. 83-19
Establishing the fair market value of real property for the North Cascade Road
Reconstruction Project, directing good-faith negotiations for the acquisition of property
and authorizing the commencement of eminent domain proceedings, if necessary, to
acquire the property. Seconded by Jones. Motion carried 7-0.
4. Marquette Place Sanitary Sewer and Water Main Reconstruction Project: Proof of
publication on notice of public hearing to consider approval of the plans, specifications,
form of contract and the estimated cost forthe Marquette Place Sanitary Sewer and Water
Main Reconstruction Project and the City Manager recommending approval. Motion by
Shaw to receive and file the documents and adopt Resolution No. 84-19 Approval of
plans, specifications, form of contract, and estimated cost for the Marquette Place
Sanitary Sewer and Water Main Reconstruction Project. Seconded by Del Toro. Motion
carried 7-0.
5. Water Distribution System Pressure Zone 2 Improvements: Roosevelt Street 1 .25
MG Elevated Water Tower Project: Proof of publication on notice of public hearing to
consider approval of the plans, specifications, form of contract and estimated cost of
$5,227,672 for the Water Distribution System Pressure Zone 2 Improvements: Roosevelt
Street 1 .25 MG Elevated Water Tower Project, and the City Manager recommending
approval. Motion by Jones to receive and file the documents and adopt Resolution No.
85-19 Approval of plans, specifications, form of contract, and estimated cost for the Water
Distribution System Pressure Zone 2: Roosevelt Street 1 .25 MG Elevated Water Tower
Project Contracts A and B. Seconded by Larson. Motion carried 7-0.
PUBLIC INPUT
Eric Schulz, 1045 W. 3�d Street, spoke in opposition of the additional housing inspector
position requested in the upcoming FY20 budget recommendation and provided a
handout of data to the Council.
Joe Zuccaro, 1765 Plymouth Ct., spoke about the Five Flags Civic Center Study,
questioning the need for a second study and requesting the issue be put on the November
ballot. Mr. Zuccaro also questioned whether a staff inember could facilitate the poverty
study requested in the upcoming FY20 budget recommendation thereby saving the City
the cost of the consultant.
Nino Erba, 1505 Fairview PI., questioned the need for and purpose behind the famers'
market permit recommended on the forthcoming Action Agenda and concurred with Mr.
Schulz on the additional housing inspector position.
ACTION ITEMS
1 . Five Flags Civic CenterActivities Report and Presentation: HR Cook, SMG General
Manager, shared an update on the Five Flags Civic Center activities and events, as well
as highlight some festivities to celebrate the upcoming 40th anniversary of Five Flags.
Motion by Shaw to receive and file the information. Seconded by Del Toro. Topics
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included: gross ticket sales, attendance and event days statistics; operations review; food
and beverage financials; FY19 events; new promoters; venue partners and promoters;
ticket buyers' demographics; website statistics; media relations; upcoming events. Mr.
Cook responded to questions from the City Council regarding the breakdown of proceeds
and artisYs control, customer spending patterns and the impact of the economy on
attendance. Motion carried 7-0.
2. Dubuque Initiatives Report: Dubuque Initiatives Board President Doug Horstmann
reviewed sections of the Dubuque Initiatives Board activities in calendar year 2018.
Motion by Resnick to Receive and file the information. Seconded by Larson. Responding
to questions from the City Council, Mr. Horstmann stated that Dubuque Initiatives is a
private, not-for-profit entity that acts as a catalyst to support the City and other entities
with economic development opportunities. Motion carried 7-0.
3. Awarding the Catfish Creek Emergency Stream Bank Repair Project: City Manager
recommending award of the construction contract for the Catfish Creek Emergency
Stream Bank Repair Project to the low bidder Legacy Corporation. Motion by Jones to
receive and file the documents and adopt Resolution No. 86-19 Awarding public
improvement contract for the South Fork of the Catfish Creek Sanitary Interceptor Sewer
Stream Bank Emergency Repair Project. Seconded by Resnick. Motion carried 7-0.
4. Awarding the 22nd Street/Kaufmann Avenue Storm Sewer Improvement Project
from White to Kleine Streets: City Manager recommending award of the 22nd
Street/Kaufmann Avenue Storm Sewer Improvements Project construction contract for
Option A (White Street to Kleine Street) to the low bidder Portzen Construction. Motion
by Larson to receive and file the documents and adopt Resolution No. 87-19 Awarding
public improvement contract for the 22nd street / Kaufmann Avenue Storm Sewer
Improvements Project (White Street to Kleine Street). Seconded by Del Toro. Responding
to questions from the City Council, Civil Engineer Jon Dienst described the mandatory
eight-week phased project and the efforts the City is doing to inform residents of the
changes in traffic patterns during construction. City Manager Van Millgen stated that a
public open house about the project will be conducted from 2-6 p.m. on Tuesday, March
19, 2019 at the Jule Operations and Training Center, 929 Kerper Blvd. Motion carried 7-
0.
5. Code of Ordinances Amendment - Title 4 Farmers' Markets: City Manager
recommending approval of the creation of a Farmers' Market Permit and an amendment
to the Farmers' Market Ordinance. 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. Responding to questions from the City Council,
Assistant City Manager Cori Burback stated that this will replaced the individual vendor
fees previously required due to changes at the State level regarding farmer's markets.
City Attorney Brumwell added that while the City has liability coverage, proof of insurance
is required from the market organizers. Motion carried 7-0.
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Motion by Jones for final consideration and passage of Ordinance No. 13-19 Amending
City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter
4 Central Market. Seconded by Resnick. Motion carried 7-0.
6. Request for Work Session - Project HOPE Quarterly Update: City Manager
recommending that the City Council schedule a work session for a Project HOPE
Quarterly Update for March 18, 2019 at 530 p.m., in the City Council Chambers. Motion
by Resnick to receive and file the documents and set the work session as recommended.
Seconded by Larson. Council Member Del Toro expressed a conflict but would review
information after the fact. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Larson requested consensus from the Council on pursuing a city-wide
declaration for a $10-per-hour minimum wage. At which time, Council Member Shaw
asked about the process for getting such an issue heard such as during a budget hearing.
Mayor Buol clarified that the Council Member Reports agenda section is a way for Council
Members to share personal or professional information or matters of community interest
and is not for requesting agenda items for Council discussion. It was agreed that Ms.
Larson's request was best discussed at the annual City Council goal setting session
scheduled for August 12-14, 2019.
There being no further business, upon motion the City Council adjourned at 7:46 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
1 t 3/13
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