Minutes_City Council Proceedings 9 16 19 Copyrighted
October 7, 2019
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: Cable TV Commission of 10/2; City Council proceedings
of 9/16, 9/26; Civil Service Commission of 9/20; Housing
Trust Fund Committee of 9/25; Housing Commission of
9/24; Library Board of Trustees Council Update#190 or
9/26/19; Proof of Publication for City Council proceedings
of 8/26, 9/3, 9/9 and 9/16.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
Cable N Commission Minutes of 10/2/19 Supporting Documentation
City Council Proceedings of 9/16/19 Supporting Documentation
City Council Proceedings of 9/26/19 Supporting Documentation
Civil Service Commission Minutes of 9/20/19 Supporting Documentation
Housing Commission Minutes of 9/24/19 Supporting Documentation
Housing Trust Fund Committee Minutes of 9/25/19 Supporting Documentation
Libary Board of Trustees CC Report#190 of 9/26/19 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
8/26/19
Proof of Publication for City Council Proceedings of Supporting Documentation
9/3/19
Proof of Publication for City Council Proceedings of Supporting Documentation
9/9/19
Proof of Publication for City Council Proceedings of Supporting Documentation
9/16/19
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on September 16, 2019
in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6�h Street.
Present: Mayor Buol; Council Members Del Toro, Jones, 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 D.A.R.E Officers Association Award: The 2019 lowa D.A.R.E Officers Associ-
ation 5-Star Volunteer Award was presented to Michael Duehr of the Fraternal Order of
Eagles by Police Chief Mark Dalsing, City of Dubuque D.A.R.E. Officer Police Officer Rick
Fullmer and Dubuque County D.A.R.E Officer Sheriffs Deputy Sara Jenaman.
PROCLAMATION(S)
1 . Days of Peace and Nonviolence (September 17-29, 2019) was accepted by Barbara
Ilton, Chair of the Days of Peace Committee and Committee Members RRS Stewart and
Art Roche.
2. Rail Safety Week (September 22-28, 2019)was accepted by Assistant City Engineer
Bob Schiesl.
3. Crop Walk Day (October 6, 2019): was accepted by Co-Chair Sara McCaw of Dubu-
que Area Congregations United.
4. Brain Health Awareness Month (October 2019) was accepted by Clara Capron and
Debbie Butler of the Brain Health Now Committee.
CONSENTITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Jones. Motion carried 6-0.
1 . Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of
8/27; City Council Proceedings of 9/3, 9/9; Cable TV Commission of 9/4; Housing Com-
mission of 8/27; Library Board of Trustees of 7/25; Zoning Advisory Commission of 9/4;
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Zoning Board of Adjustment of 8/22; Proof of Publication for City Council Proceedings of
8/12, 8/13, 8/14, 8/19. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Ronald Bahr for vehicle damage, Alec Lee Benson for
vehicle damage, Michael Dorr for vehicle damage, Keaton Kephart for vehicle damage,
Michael and Jill Pankow for property damage, Christy Reed 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 As-
surance Pool: Ronald Bahr for vehicle damage, Alec Lee Benson for vehicle damage,
Michael Dorr for vehicle damage, Keaton Kephart for vehicle damage, Michael and Jill
Pankow for property damage, Christy Reed for property damage. Upon motion the docu-
ments were received, filed, and concurred.
4. Approval of City Expenditures: City Manager recommended City Council approval
for payment of City expenditures. Upon motion the documents were received and filed,
and Resolution No. 329-19 Authorizing the Director of Finance and Budget/City Treasurer
to make certain payments of bills that must be paid and approved for payment in accord-
ance with City procedures was adopted.
5. Fiscal Year 2019 State of lowa Street Financing Report: City Manager recom-
mended approval of the City of Dubuque's Fiscal Year 2019 City Street Financing Report
and authorize filing with the lowa Department of Transportation. Upon motion the docu-
ments were received and filed, and Resolution No. 330-19 Approving the City of Dubuque
Fiscal Year 2019 City Street Financing Report was adopted.
6. 2019 Washington Neighborhood MarketAnalysis Update: City Managertransmitting
the 2019 Washington Neighborhood Market Analysis Update. Upon motion the document
was received and filed.
7. Consultant Selection for Preparation of a Consolidated Plan and Analysis of Imped-
iments for Fair Housing: City Manager recommended approval of the selection of Public
Works, LLC to prepare the HUD-approved 2021-2025 Community Development Block
Grant Consolidated Plan and to conduct an Analysis of Impediments to Fair Housing, and
authorize the City Manager to sign an Agreement for Professional Services with Public
Works, LLC. Upon motion the documents were received, filed and approved.
8. Recording the Award for the Hillcrest Rd.-Rosemont St. Detention Basin Project:
City Manager recommended that the award for the Hillcrest-Rosemont Detention Basin
Project by Eastern lowa Excavating & Concrete, LLC be officially recorded in the minutes
of the City Council. Upon motion the documents were received, filed and made a Matter
of Record.
9. Recording the Award for the Amy Court Drainage Improvements Project: City Man-
ager recommended that the award for the Amy Court Drainage Improvements Project to
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Drew Cook & Sons Excavating Co., Inc. be officially recorded in the minutes of the City
Council. Upon motion the documents were received, filed and made a Matter of Record.
10. lowa Department of Public Health (IDPH) Interagency (28E) Agreement: City Man-
ager recommended approval to continue the City's contract with the lowa Department of
Public Health for the inspection of swimming pools and spas and tattoo parlors in Dubu-
que County. Upon motion the documents were received, filed and approved.
11 . Pre-Annexation Agreement with Bartels and Oberbroeckling: City Manager recom-
mended approval of a Pre-Annexation Agreement with Merlin C. Bartels, Dean H. Bartels
and Joan M. Bartels, property owners, and contract buyer Ned Oberbroeckling, for prop-
erty located at 15397 North Cascade Road, in conjunction with their request to connect
to City water. Upon motion the documents were received and filed, and Resolution No.
331-19 Approving a Pre-Annexation Agreement between the City of Dubuque, lowa and
Merlin C. Bartels, Dean H. Bartels and Joan M. Bartels and Ned Oberbroeckling was
adopted.
12. CSB Consulting Company Redevelopment of Property at 1838 Central Avenue:
City Manager recommended approval of a Grant agreement between the City of Dubuque
and CSB Consulting Company to redevelop property at 1838 Central Avenue to create
three, upper-story apartments in the building. Upon motion the documents were received
and filed, and Resolution No. 332-19 Approving a Grant Agreement by and between the
City of Dubuque, lowa and CSB Consulting Company for the redevelopment of 1838
Central Avenue was adopted.
13. Public, Educational, and Government (PEG) Capital Grant Expenditure Request:
City Manager recommended approval of a request from the Cable TV Commission for
funding from the Public, Educational, and Government (PEG) Capital Grant for Access
Equipment and Facilities for Loras College to purchase a new video switcher for its control
room. Upon motion the documents were received, filed and approved.
14. Final Plat of Cedar Lake - East Fifteenth Addition: Zoning Advisory Commission
recommended approval of the Final Plat of Cedar Lake East Fifteenth Addition. Upon
motion the documents were received and filed, and Resolution No. 333-19 Approving
Final Plat of Cedar Lake - East Fifteenth Addition, in the City of Dubuque, lowa was
adopted.
15. Housing Commission Liaison Appointment to the Housing Trust Fund Committee:
Correspondence from the Housing Commission requesting approval of Commissioner
Rick Baumhover to be appointed to the Housing Trust Fund Committee as its liaison.
Upon motion the document was received, filed and approved.
16. Federal Emergency Management Association (FEMA) Correspondence: City Man-
ager providing a copy of correspondence to the Federal Emergency Management Asso-
ciation (FEMA) in response to its questions related to the Dubuque County Flood Hazard
Mapping Project that include Dubuque's Certified Floodwall/Levee System. Upon motion
the documents were received and filed.
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17. Amendment to Resolution Approving Prepayment of Claims: City Manager recom-
mended approval of an amendment to the resolution approving prepayment of claims.
Upon motion the documents were received and filed, and Resolution No. 334-19 Approv-
ing prepayment of claims as amended was adopted.
18. 2020 Census Partnership Program: City Manager recommended approval of a let-
ter from Mayor Roy D. Buol on behalf of the City of Dubuque requesting to join the 2020
Census Partnership Program. Upon motion the documents were received, filed and ap-
proved.
19. New Cities of Opportunity Application: City Manager recommended approval to
submit the City of Dubuque's New Cities of Opportunity application to the National League
of Cities. Upon motion the documents were received, filed and approved.
20. Coalition of Communities Agreement: City Manager recommended approval to join
the Coalition of Communities to appeal the Federal Communications Commission's order
that allows cable companies to treat in-kind benefits as franchise fees. Upon motion the
documents were received, filed and approved.
21 . Acceptance of Storm Water Detention - English Ridge Subdivision: City Manager
recommended acceptance of the Warranty Deed for the storm water detention lot that the
developer, English Ridge, LLC, is dedicating in English Ridge Subdivision. Upon motion
the documents were received and filed, and Resolution No. 335-19 Accepting a Deed to
Lot A in English Ridge Subdivision, in the City of Dubuque, lowa was adopted.
22. Acceptance of the West Third Street Pumping Station Standby Generator 2018
Project: City Manager recommended acceptance of the West Third Street Pump Station
Standby Generator 2018 project, as completed by A&G Electric. Resolution No. 336-19
Accepting the West Third Pumping Station Standby Generator 2018 Project and author-
izing final payment to the contractor was adopted.
23. Bunker Hill Irrigation Replacement Project Phase 3 Initiation of Bids: City Manager
recommended initiation of the bidding procedure for the Bunker Hill Irrigation Replace-
ment Project Phase 3 (of 3). Upon motion the documents were received, filed and ap-
proved.
24. Citizen Petition for Amendment to Residential Parking Permit District H - Lea Lane:
Receipt of Citizen Petition for an amendment to Residential Parking Permit District H to
include Lea Lane. Upon motion the document was received, filed, and referred to the City
Manager.
25. U.S. Cellular Re-Submittal Master Lease Agreement and Supplement - Dubuque
Cellular Telephone L.P. (U.S. Cellular): City Manager recommended re-approval of the
Supplemental Agreement with Dubuque Cellular Telephone L.P. (U.S. Cellular) as part
of the U.S. Cellular Re-Submittal Master Lease Agreement and Supplement with the City
of Dubuque. Upon motion the documents were received, filed and approved.
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26. Request for Proposal - Consulting Services for Geodetic Control Network Update
and Aerial Photography Project: City Manager recommended approval of the release of
a Request for Proposal to provide consulting services for geodetic control network update
and aerial photography project. Upon motion the documents were received, filed and ap-
proved.
27. Inspector 1 Full-Time Position Reclassified to an Inspector 2: City Manager recom-
mended approval to reclassify one full-time equivalent Inspector 1 position to an Inspector
2 position in the Housing and Community Development Department. Upon motion the
documents were received, filed and approved.
28. City Assessor - Notice of Tax Assessment Appeals: Correspondence from City
Assessor Troy Patzner advising the City of three 2019 tax assessment appeals from the
Dubuque City Board of Review. Upon motion the document was received and filed.
29. Signed Contract(s): Strand Associates, Inc. for the Catfish Creek Sanitary Inter-
ceptor Sewer Capacity Analysis Amendment No. 1 to Task Order No. 18-04; and the
Cedar/Terminal Streets Force Mains and Lift Stations Assessment and Improvements
Project / Cedar Street Force Main Air Release Valve Replacements Task Order No. 19-
01 ; East Central Development Corporation Lease Agreement for Federal Building space;
Lamar Companies Lease Agreement for City property located at 280 South Locust Street.
Upon motion the documents were received and filed.
30. Improvement Contracts / Pertormance, Payment and Maintenance Bonds: Drew
Cook & Sons Excavating Company, Inc. for the Amy Court Drainage Improvements Pro-
ject; Eastern lowa Excavating & Concrete, LLC forthe Hillcrest-Rosemont Streets Deten-
tion Basin Project. Upon motion the documents were received, filed and approved.
31 . Alcohol License Applications: City Manager recommended approval of annual
beer, liquor and wine licenses as submitted. Upon motion the documents were received
and filed, and Resolution No. 337-19 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
Motion by Resnick 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 Shaw. Motion carried 6-0.
1 . Grant of Easement for Private Parking Lot Improvements Across West 9th Street
Right-of-Way: City Manager recommended that the City Council set a public hearing for
October 7, 2019 on a Grant of Easement for private parking lot improvements across City-
owned property in the West 9th Street right-of-way. Upon motion the documents were
received and filed and Resolution No. 338-19 Resolution of Intent to dispose of City
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interest by Grant of Easement for private parking lot improvements across part of the
West 9th Street right-of-way lying within City Lot 688 in the City of Dubuque, lowa was
adopted setting a public hearing for a meeting to commence at 6:00 p.m. on October 7,
2019 in the Historic Federal Building.
2. Sale of City-Owned Property at 799 Rush Street: City Manager recommended that
the City Council set a public hearing for October 7, 2019 on the intent to dispose of 799
Rush Street to the abutting property owners, Eric and Beth Hemmer, for consolidation
into one parcel. Upon motion the documents were received and filed and Resolution No.
339-19 Resolution of Intent to dispose of an interest in City of Dubuque real estate, setting
a time and place for hearing and providing for the publication of notice thereof was
adopted setting a public hearing for a meeting to commence at 6:00 p.m. on October 7,
2019 in the Historic Federal Building.
PUBLIC HEARINGS
1 . Proceedings for the Public Hearing on the Authorization of Not-to-Exceed $170,000
General Fund Lease Agreement — Postage Machine: Proof of publication on notice of
public hearing to approve the suggested proceedings for the public hearing on the au-
thorization of a general fund lease agreement not-to-exceed $170,000 to acquire a postal
machine for the City of Dubuque, and the City Manager recommending approval. Motion
by Shaw to receive and file the documents and adopt Resolution No. 340-19 Instituting
proceedings to take additional action for the authorization of a lease agreement (General
Fund) in the principal amount of not-to-exceed $170,000 to acquire personal property for
the City. Seconded by Del Toro. Motion carried 6-0.
2. Proceedings for the Public Hearing on the Authorization of Not-to-Exceed $25,000
General Fund Lease Agreement — Mail Room Printer: Proof of publication on notice of
public hearing to consider approval of the suggested proceedings for the public hearing
on the authorization of a general fund lease agreement not-to-exceed $25,000 for a mail
room printer, and the City Manager recommending approval. Motion by Jones to receive
and file the documents and adopt Resolution No. 341-19 Instituting proceedings to take
additional action for the authorization of a Lease Agreement (General Fund) in the prin-
cipal amount of not-to-exceed $25,000 to acquire personal property for the City. Se-
conded by Shaw. Motion carried 6-0.
PUBLIC INPUT
Tom Townsend, 1940 Amelia Drive, expressed support for the City Council to appoint
former Council Member Kate Larson to her vacated Third Ward seat for the interim until
the November 5, 2019 election.
ACTION ITEMS
1 . Greater Dubuque Development Corporation - Quarterly Update: President and CEO
Rick Dickinson presented a verbal update on the quarterly activities of the Greater Dubu-
que Development Corporation. Topics included: strong current and future regional
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economy; support for the Hormel Foods Corporation financial assistance application to
the IEDA (Action Item #2); the addition of Crown Holdings, Inc. and Duluth Trading Com-
pany; increased workforce solutions and the inaugural college career fair; and the pro-
gress of the Big Life, Small City campaign. Motion by Resnick to receive and file the
information. Seconded by Jones. Motion carried 6-0.
2. Hormel Foods Corporation - lowa Economic Development Administration Applica-
tion: City Manager recommended approval of the submission of a Business Financial
Assistance Application to the lowa Economic Development Authority on behalf of Hormel
Foods Corporation and Progressive Processing, LLC for the proposed expansion of its
operations in Dubuque. Motion by Jones to receive and file the documents and adopt
Resolution No. 342-19 Authorizing the filing of an application with the lowa Economic
Development Authority for business financial assistance on behalf of Hormel Foods Cor-
poration and Progressive Processing, LLC. Seconded by Resnick. Motion carried 6-0.
3. Consultant Selection for Equitable Poverty Prevention Plan: City Manager recom-
mended approval of the selection of Public Works, LLC as the consultant for the Equitable
Poverty Prevention Plan and authorization for the City Manager to sign the Agreement
for Professional Services with Public Works, LLC. Motion by Jones to receive and file the
documents and approve the recommendation. Seconded by Shaw. Motion varied 6-0.
4. Third Ward Council Member Vacancy: City Clerk submitting Letters of Interest / Re-
sumes for consideration in filling the Council Member vacancy for the Third Ward. The
City Clerk reminded Council that the appointment would be for the interim until the No-
vember 5 City election and not until the end of the year as recently reported in the media.
Following discussion, restated motion by Shaw for a roll-call vote. Seconded by Del Toro.
Upon roll-call vote, the motion failed 3-3. Connors = Resnick, Jones and Buol. Larson =
Del Toro, Rios, Shaw. Mayor Buol stated that the seat would then remain vacant until the
November 5 election.
COUNCIL MEMBER REPORTS
Council Member Shaw reported on issues expressed to him by the residents of Table
Mound Mobile Home Park, many of whom are retired and on fixed incomes, who claim
they are being targeted with predatory practices by the landlord.
Motion by Jones to adjourn at 6:53 p.m. Seconded by Resnick. Motion failed 3-3 with
Del Toro, Rios and Shaw voting nay.
There being no further business, Mayor Buol declared the meeting adjourned.
/s/Kevin S. Firnstahl, CMC
City Clerk
1 t 9/25
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