Minutes_City Council Proceedgins 10 21 19 Copyrighted
November4, 2019
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council proceedings of 10/21; Civil Service
Commission of 10/28; Community Development Advisory
Commission of 10/21 ; I nvestment OversightAdvisory
Commission of 10/23; Proof of Publication for City Council
Proceedings of 9/26, 10/7; Proof of Publication for List of
Claims and Summary of Revenues for Month Ending 9/30.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
City Council Proceedings of 10/21/19 Supporting Documentation
Community De�lopmentAdvisory Commission Minutes Supporting Documentation
of 10/21/19
InvestmentOversightAdvisory Commission Minutes of Supporting Documentation
10/21/19
Proof of Publication City Council Proceedings of Supporting Documentation
9/26/19
Proof of Publication City Council Proceedings 10/7/19 Supporting Documentation
Proof of Publication List of Claims/Summary of Supporting Documentation
Revenues ME 9/30/19
Civil Service Commission Minutes of 10/28/19 Supporting Documentation
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on October 21 , 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
PROCLAMATION(S)
1 . Lead Poisoning Prevention Week (October 20-26, 2019) was accepted by City of
Dubuque Resiliency Coordinator Sharon Gaul.
2. Lights on After School Day (October 24, 2019) was accepted by Beth McGorry,
Outreach Coordinator, St. Mark Youth Enrichment, 1201 Locust Street.
3. Extra Mile Day (November 1 , 2019) was accepted by City of Dubuque
AmeriCorps/VISTA Program Director Heather Slatterly.
CONSENTITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Del Toro. Council Members Shaw, Resnick and
Jones requested No. 5 be held for separate discussion; and Diane McClain, 255 Bradley
Street, requested Nos. 24 & 25 be held for separate discussion. Motion carried 6-0.
1 . Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of
9/27; Arts and Cultural Affairs Master Plan Task Force of 9/24; City Council Proceedings
of 10/7; Community Development Advisory Commission of 9/18; Library Board of
Trustees of 8/22; Zoning Advisory Commission of 10/2; Zoning Board of Adjustment of
9/26. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Roxanne Ties Brenner for property damage, Matthew
and Amanda Saylor for property damage, Sheri Scheffert 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
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Assurance Pool: Roxanne Ties Brenner for property damage, Matthew and Amanda
Saylor for property damage, Sheri Scheffert for property damage. Upon motion the
documents were received, filed, and concurred.
4. Approval of City Expenditures: City Manager recommending City Council approval
for payment of City expenditures. Upon motion the documents were received and filed,
and Resolution No. 368-19 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.
5. 2020 State Legislative Priorities: City Manager recommending approval of the City
of Dubuque 2020 State Legislative Priorities to be presented to legislators at the annual
Legislative Dinner. Motion by Shaw to receive and file the documents and strike the
language associated to addressing unemployment benefits for seasonal employees.
Seconded by Resnick. Responding to questions from the City Council, City Manager Van
Milligen stated that the intent is to eliminate unemployment benefits only for temporary
employees hired to limited-term positions. Chandra Ravada, Transportation Director for
ECIA, spoke about adding rail transportation to the priorities and about the City of
Waterloo's interest in studying a rail link from Dubuque to Waterloo. Motion failed 3-3.
Motion by Shaw to receive and file and approve the documents. Seconded by Resnick.
Motion carried 5-1 with Rios voting nay.
6. 2019 City Council Goals and Priorities: City Manager providing a copy of the 2019
City Council Goals and Priorities public information brochure. Upon motion the document
was received and filed.
7. City Manager Letter to State Legislators - State of lowa Needs to be an Equitable
State of Choice: City Manager submitting a copy of his letter to State legislators on how
the State of lowa needs to be an equitable state of choice. Upon motion the documents
were received and filed.
8. Sustainable Dubuque Grant Recommendations: City Manager recommending
approval of the Resilient Community Advisory Commission's recommendation for funding
of nine projects from the Sustainable Dubuque Community Grant Program. Upon motion
the documents were received, filed and approved.
9. Metx, LLC Amendment to Development Agreement: City Manager recommending
approval of an Amendment to Development Agreement with Metx, LLC that provides for
the purchase price due at closing will be paid from the TIF funds received. Upon motion
the documents were received, filed and approved.
10. East Central Development Corporation Assignment of Agreements to Community
Solutions of Eastern lowa: City Manager recommending approval of the Assignment of
Purchases of Services and Agreement for services between East Central Development
Corporation and Community Solutions of Eastern lowa and authorizes the Mayor to
execute the new Purchase of Services Agreement and the Continuum of Care agreement
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with Community Solutions of Eastern lowa on behalf of the City. Upon motion the
documents were received and filed, and Resolution No. 369-19 Approving the
Assignment of a Purchase of Services Agreement between the City of Dubuque and East
Central Development Corporation from East Central Development Corporation to
Community Solutions Eastern lowa; and Resolution No. 370-19 Approving an Agreement
for services between the City of Dubuque and East Central Development Corporation
from East Central Development Corporation to Community Solutions of Eastern lowa
were adopted.
11 . Finance Department Staffing Change Request: City Manager recommending
approval to eliminate the Budget Manager position, add an additional full-time
Budget/Financial Analyst position, and add a part-time Accountant position. Upon motion
the documents were received, filed and approved.
12. Accepting the Chavenelle Road Storm Sewer Project: City Manager
recommending acceptance of the public improvement construction contract for the Storm
Sewer Construction Chavenelle Road — First Supply 2019 Project, as completed by
Eastern lowa Excavating & Concrete, LLC. Upon motion the documents were received
and filed, and Resolution No. 371-19 Accepting the Storm Sewer Construction
Chavenelle Road - First Supply 2019 Project and authorizing the final payment to the
contractor was adopted.
13. Accepting the Usha Park Parking Lot Expansion Project: City Manager
recommending acceptance of the construction contract for the Usha Park Parking Lot
Expansion Project, as completed by Eastern lowa Excavating & Concrete, LLC. Upon
motion the documents were received and filed, and Resolution No. 372-19 Accepting the
Usha Park Parking Lot Expansion Project and authorizing the payment of the contract
amount to the contractor was adopted.
14. Accepting the Dubuque Montessori Parking Lot Asphalt Paving Project: City
Manager recommending acceptance of the construction contract for the Dubuque
Montessori Parking Lot Asphalt Paving Project, as completed by River City Paving. Upon
motion the documents were received and filed, and Resolution No. 373-19 Accepting the
Dubuque Montessori Parking Lot Asphalt Paving Project and Authorizing the payment to
the contractor was adopted.
15. Approving Plat of Survey for Ahmed Place (1597-1599 Washington Street): Zoning
Advisory Commission recommending approval of the Plat of Survey for Lot 1 & Lot 2 of
Ahmed Place (1597-1599 Washington Street) subject to waiving the lot area for Lot 1 &
Lot 2 of Ahmed Place. Upon motion the documents were received and filed, and
Resolution No. 374-19 Approving the Plat of Survey of Lot 1 & Lot 2 of Ahmed Place in
the City of Dubuque, lowa was adopted.
16. Platting of City Property on Chavenelle Road - McFadden Farm Place: City
Manager recommending approval of the Plat of Survey for Lot 1 -2 and 2-2 of McFadden
Farm Place on Chavenelle Road as part of a development agreement between the City,
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Unison Solutions, BAS Development and Walter Development. Upon motion the
documents were received and filed, and Resolution No. 375-19 Approving Plat of Survey
of Lot 1-2 and Lot 2-2 of McFadden Farm Place in the City of Dubuque, Dubuque County,
lowa was adopted.
17. Platting of City Property on Chavenelle Rd - McFadden Farm Place No. 4: City
Manage recommending approval of the Plat of Survey for Lot 1 and 2 of McFadden Farm
Place No. 4 and the Plat of Survey for Lot 1-2 and 2-2 of McFadden Farm Place No. 4 in
the City of Dubuque as part of a development agreement between the City and Walter
Development LLC. Upon motion the documents were received and filed, and Resolution
No. 376A-19 Approving Plat of Survey of Lot 1 and 2 of McFadden Farm Place No. 4 in
the City of Dubuque, Dubuque County, lowa; and Resolution No. 376B-19 Approving Plat
of Survey of Loat 1-2 and Lot 2-2 of McFadden Farm Place No. 4 in the City of Dubuque,
Dubuque County, lowa were adopted.
18. lowa Department of Transportation Title VI Documents: City Manager
recommending approval for the Mayor to execute the Title VI/Non-Discrimination
Assurances document required by the lowa Department of Transportation. Upon motion
the documents were received, filed and approved.
19. Bee Branch Watershed Flood Mitigation Project, lowa Mitigation Board, 3rd
Amendment to Funding Agreement: City Manager recommending approval an
amendment to the funding agreement with the State Flood Mitigation Board in order to
utilize state sale tax increment funding for the Bee Branch Watershed Flood Mitigation
Project. Upon motion the documents were received and filed, and Resolution No. 377-19
Authorizing an Amendment to the Funding Agreement between the City of Dubuque and
the State of lowa Flood Mitigation Board forthe City's use of Sales Tax Increment funding
for the Bee Branch Watershed Flood Mitigation Project was adopted.
20. Contracted Service Agreement with the Four Mounds HEART Program for Fiscal
Year 2020: City Manager recommending approval of the Community Development Block
Grant (CDBG) Grant Agreement with Four Mounds HEART Program for Fiscal Year 2020.
Upon motion the documents were received, filed and approved.
21 . Contracted Service Agreement with the Washington Tool Library for Fiscal Year
2020: City Manager recommending approval of the Community Development Block Grant
(CDBG) Agreement with the Washington Tool Library for Fiscal Year 2020. Upon motion
the documents were received, filed and approved.
22. Contracted Service Agreement with Hills & Dales Senior Lifetime Center for Fiscal
Year 2020: City Manager recommending approval of the Community Development Block
Grant (CDBG) Agreement with Hills and Dales for the Senior Center Lifetime Program for
Fiscal Year 2020. Upon motion the documents were received, filed and approved.
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23. Abstract of Votes: City Clerk transmitting the Abstract of Votes for the October 8,
2019 Primary Election as certified by the Dubuque County Auditor. Upon motion the
document was received and filed.
24. Bee Branch Healthy Homes Administrative Plan Amendment to Require
Acceptance of Housing Choice Vouchers: City Manager recommending approval of an
Amendment to the Bee Branch Healthy Homes Administrative Plan to require rental
property owners that participate in the program to accept Housing Choice Vouchers from
qualified prospective tenants for the duration of their forgivable loan agreement with the
City of Dubuque. It is further recommended that staff be directed to submit the
amendment to the lowa Economic Development Authority for adoption and approval of
the changes. Motion by Resnick to table both No. 24 and No. 25. Seconded by Del Toro.
Diane McClain of the Dubuque Area Landlords Association requested that both items be
tabled to allow further discussion with DALA and city staff. City Manager Van Milligen
concurred adding that the recommendation has to be submitted and approved by HUD
before starting. Motion carried 5-1 with Rios voting nay.
25. Lead Grant Administrative Plan Amendment to Require Acceptance of Housing
Choice Vouchers: City Manager recommending approval to amend the Lead & Healthy
Homes Work Plan to require rental property owners that participate in the program to
accept Housing Choice Vouchers from qualified prospective tenants for the duration of
their forgivable loan agreement with the City of Dubuque. It is further recommended that
the amendment be submitted to the U.S. Department of Housing and Urban Development
(HUD) for adoption and approval of the changes. (This item was combined with No. 24.
Motion by Resnick. Seconded by Del Toro. Motion carried 5-1 with Rios voting nay.
26. Code of Ordinances — Adoption of Supplement No. 33: City Clerk recommending
adoption of Supplement No. 33 to the City of Dubuque Code of Ordinances. Upon motion
the documents were received and filed, and Resolution No. 378-19 Adopting Supplement
No. 33 to the Code of Ordinances of the City of Dubuque, lowa was adopted.
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. 379-19 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 Shaw 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 Del Toro. Motion carried 6-0.
1 . Fiscal Year 2020 Budget Amendment No. 2: City Manager recommending that the
second Fiscal Year 2020 Budget Amendment be set for public hearing for November 4,
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2019. Upon motion the documents were received and filed and Resolution No. 380-19
Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2020
Budget for the City of Dubuque was adopted setting a public hearing for a meeting to
commence at 6:00 p.m. on November 4, 2019 in the Historic Federal Building.
BOARDS/COMMISSIONS
Appointments were made to the following boards/commissions.
1 . Human Rights Commission: One, 3-Year term through January 1 , 2021 (Vacant
term of Templeton). Applicants: Dan Chatfield, 2780 Pennsylvania Ave.; Michael J.
Durnin, 3560 Pennsylvania Ave.; Kathy McCarthy, 3491 Waller St. Upon roll-call vote,
Kathy McCarthy was appointed to the 3-year term through January 1 , 2021 . (McCarthy =
Rios, Jones, Resnick, Buol, Del Toro; Durnin = Shaw; Chatfield = -0-). Later in the
meeting, City Clerk Firnstahl clarified that the correct gender makeup is 5 males, 3
females, with one vacancy.
2. Transit Advisory Board: One, 3-Year term through July 30, 2022 (Vacant term of
Lohrmann). Applicant: Luanna Gerdemann, 4929 Little Valley Dr. Upon unanimous roll-
call vote, Ms. Gerdemann was appointed to the 3-year term through July 30, 2022.
PUBLIC HEARINGS
1 . Request to Rezone 757 W. 8th Street: Proof of publication on notice of public hearing
to consider a request from Steve Knepper to rezone property located at 757 W. 8th Street
from R-2A Alternate Two-Family Residential Zoning District to R-3 Moderate Density
Multi-Family Residential Zoning District, and the Zoning Advisory Commission
recommending approval. 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 Shaw. Property owner and developer Steve Knepper spoke in support of the rezoning
and provided a brief description of the project. Assistant Planner Wally Wernimont
provided a staff report. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 48-19 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 757 W. 8th Street from R-2A
Alternate Two-Family Residential District To R-3 Moderate Density Multi-Family
Residential District. Seconded by Shaw. Motion carried 6-0.
2. Multicultural Family Center Expansion and Renovation Project: Proof of publication
on notice of public hearing to consider approval of plans, specifications, form of contract
and estimated cost for the Multicultural Family Center Expansion and Renovation Project,
and the City Manager recommending approval. Motion by Jones to receive and file the
documents and adopt Resolution No. 381-19 Approval of plans, specifications, form of
contract, and estimated cost for the Multicultural Family Center Expansion and
Renovation Project. Seconded by Resnick. Responding to questions from the City
Council, City Manager Van Milligen and Recreation Division Manager Dan Kroger stated
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that there are plans to use the MFC as a satellite office for Leisure Services but that since
the Center is operated by its own Board, the City will partner with the Center and the
Dubuque Community School District for space and event planning. Motion carried 6-0.
ACTION ITEMS
1 . Sewer Revenue Capital Loan Note, Series 2019 State of lowa Revolving Loan Fund
— Sponsored Project Amendment: City Manager recommending approval of the
suggested proceedings to amend the Kerper Boulevard Sanitary Sewer Revenue Capital
Loan Note, Series 2019 State Revolving Fund Loan that provides for funding of the Eagle
Point Park Environmental Restoration sponsorship project. Motion by Shaw to receive
and file the documents and adopt Resolution No. 382-19 Amending the original
Resolution, approved on February 18, 2019, said Resolution Approving and Authorizing
a Loan and Disbursement Agreement with the lowa Finance Authority and authorizing
and providing for the issuance of Sewer Revenue Capital Loan Note, Series 2019, in
order to provide for the funding of a Sponsored Project under the terms of a new Series
2019 Note to be issued in the principal amount of$2,652,630.89, which includes approval
of a Supplemental Tax Exemption Certificate. Seconded by Jones. Motion carried 6-0.
2. Request for Work Session on Project H.O.P.E.: City Manager recommending that
the City Council schedule a work session on the Project Hope Quarterly Update for
December 2, 2019, at 5:30 p.m. in the City Council Chambers. Motion by Shaw to set the
work session as recommended since there were no schedule conflicts expressed.
Seconded by Jones. Motion carried 6-0.
COUNCIL MEMBER REPORTS
Council Member Jones reported on the Candidates Forum sponsored by the League
of Women Voters scheduled for Wednesday, October 23, in the Council Chambers.
There being no further business, Resnick motioned to adjourn at 6:53 p.m. Seconded
by Jones. Motion carried 6-0.
/s/Kevin S. Firnstahl, CMC
City Clerk
1 t 10/30
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