Minutes_City Council Proceedings 11 18 19 Copyrighted
December 2, 2019
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council proceedings of 11/18; Civil Service of 11/19;
Community Development Unapproved Minutes of 11/20.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
City Council Proceedings of 11/18 Supporting Documentation
Civil Service of 11/14 Supporting Documentation
Community De�lopment Unapproved Minutes of 11/20 Supporting Documentation
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 530 p.m. on November 18, 2019
in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6�h Street.
Present: Mayor Buol (via telephone); Chairperson Jones; Council Members Del Toro,
Resnick, Shaw, Sprank; City Manager Van Milligen, City Attorney Brumwell
Absent: Mayor Pro Tem Rios
Chairperson Jones called the meeting to order and stated that this is a special session
of the City Council called for the purpose of conducting a work session on Sustainable
Dubuque.
WORK SESSION
SUSTAINABLE DUBUQUE
Dubuque's Path Forward to Improved Air Quality 2019
Sustainable Community Coordinator Gina Bell introduced presenters Dave Lyons,
Sustainable Innovations Consultant from the Greater Dubuque Development
Corporation; Chandra Ravada, Director of Transportation, Planning and Transit Services
for East Central Intergovernmental Agency (ECIA); and Mary Rose Corrigan, City of
Dubuque Public Health Specialist. Topics included:
. Emission baseline inventory 2008
. Ozone design values 1999-2010, 1999-2018 Stockton, Clinton & Coggon
Monitors
. Programs and projects implemented from 2008-2018
. Comparison of pollutants from 2008-2014
. Comparison of emission contributor from 2008-2014
. Comparison of emission reduction in Dubuque & Scott Counties 2008-2014
. Comparison of emissions by sources between Dubuque & Scott Counties 2008-
2014
. Emissions inventory from 2008-2018
. Potosi Monitor Raw Data from 2008-2018
. Future initiatives: US 52/SW Arterial Project; EastM/est Corridor Improvements;
STREETS Signal project; Climate Action Plan Update; Dubuque Metropolitan
Area Solid Waste Agency (DMASWA) Project; Water and Resource Recovery
Center (W&RRC) RNG Expansion Phase 2
o Smart Traffic Routing with Efficient & Effective Traffic Systems
(STREETS)
o University Avenue Overlap section
o Long-term projects after 2020
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The presenters responded to questions from the City Council related to how
particulates are calculated, and the effect of national wildfires and local road conditions
have on air quality.
There being no further business, motion by Shaw to adjourn at 5:53 p.m. Seconded by
Del Toro. Motion carried 6-0.
/s/Kevin S. Firnstahl, CMC
City Clerk
1t 11/27
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on November 18, 2019
in the second-floor Council Chambers of the Historic Federal Building, 350 W. 6�h Street.
Present: Mayor Buol (via telephone); Chairperson Jones; Council Members Del Toro,
Resnick, Shaw, Sprank; City Manager Van Milligen, City Attorney Brumwell
Absent: Mayor Pro Tem Rios
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 . Standout Community Organization Pursuing Equity (S.C.O.P.E.) Award -
Multicultural Family Center: Operation New View Board Member Laura Roussell and
previous S.C.O.P.E. recipient presented the Thomas Determan S.C.O.P.E. Award to the
Multicultural Family Center. The award was accepted by MFC Director Jacqueline Hunter.
PROCLAMATION(S)
1 . Small Business Saturday (November 23, 2019): Was accepted by Chairperson Ric
Jones on behalf of the Dubuque Area Chamber of Commerce.
CONSENTITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Del Toro. Council Member Shaw requested Item
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No. 17 be held for separate discussion. Marvin Ney requested Item No. 18 be held for
separate discussion. Motion carried 6-0.
1 . Minutes and Reports Submitted: Arts and Cultural Affairs Commission and Working
Groups of 10/22; City Council proceedings of 11/4, 11/12; Historic Preservation
Commission of 9/25; Housing Commission of 10/22, 11/14; Historic Preservation
Commission of 9/25; Human Rights Commission of 9/9, 9/26; Library Board of Trustees
of 9/6; Transit Advisory Board of 10/24; Zoning Advisory Commission of 11/6; Zoning
Board of Adjustment of 10/24; Proof of Publication for City Council Proceedings of 10/21 .
Upon motion the documents were received and filed.
2. 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. 396-19 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.
3. Abstracts of Votes: City Clerk transmitting the Abstracts of Votes for the November
5, 2019 General Election as certified by the Dubuque County Auditor. Upon motion the
documents were received and filed.
4. Dubuque Jaycees 2020 Fireworks Request: Correspondence from Thomas Parsley,
General Manager for Radio Dubuque, in partnership with the Dubuque Jaycees,
requesting approval to conduct a fireworks display on Friday, July 3, 2020 from 9:00 p.m.
to 1030 p.m. on Volunteer Road between Hawthorne St. and Lime St. in conjunction with
the closure of indicated streets and A.Y. McDonald Park as part of a special event
request. A rain date of July 4, 2020 is also requested. Upon motion the document was
received, filed and approved.
5. Drug Abuse Resistance Education (DARE) Program Agreement with Dubuque
Community School District: City Manager recommending approval of the Fiscal Year
2019-2020 Drug Abuse Resistance Education (DARE) Agreement between the City of
Dubuque Police Department and the Dubuque Community School District. Upon motion
the documents were received, filed and approved.
6. School Resource Officer (SRO) Agreement with Dubuque Community Schools: City
Manager recommending approval of the Fiscal Year 2019/2020 School Resource Officer
(SRO) Agreement with the Dubuque Community School District and recommends
acceptance of the School DistricYs financial support retroactive to the start of the
2019/2020 school year. Upon motion the documents were received, filed and approved.
7. Awarding the Ice Harbor Flood Gate Abutment Repair Project: City Manager
recommending adoption of a resolution authorizing award of the construction contract for
the Ice Harbor Flood Gate Abutment Repair Project CIP# 7202792 to Tricon General
Construction. Upon motion the documents were received and filed, and Resolution No.
397-19 Awarding public improvement contract for the Ice Harbor Flood Gate Abutment
Repair Project was adopted.
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8. Recording the Award of the City Hall Sidewalk Heating Boilers and Sensor System
Project: City Manager recommending that the award for the City Hall Sidewalk Heating
Boilers and Sensor System Project be officially recorded in the minutes of the City
Council. Upon motion the documents were received, filed and made a Matter of Record.
9. Accepting the Water Main Extension to Tamarack Park (Phase 1): City Manager
recommending adoption of the resolution to accept the improvements and authorize the
final payment for the Water Main Extension to Tamarack Park (Phase 1) project to Top
Grade Excavating. Upon motion the documents were received and filed, and Resolution
No. 398-19 Accepting the Tamarack Park Water Main Extension (Phase 1) Project and
authorizing final payment to the contractor was adopted.
10. Acceptance of Dubuque Industrial Center West - McFadden Farm Grading Phase
I Project: City Manager recommending adoption of the resolution providing acceptance
of the construction contract for the Dubuque Industrial Center West-McFadden Farm
Grading Phase I to Peterson Contractors, Inc. of Reinbeck, lowa. Upon motion the
documents were received and filed, and Resolution No. 399-19 Accepting the DICW -
McFadden Farm Grading Phase I Project and authorizing the payment of the contract
amount to the contractor was adopted.
11 . Acceptance of Sanitary Sewer Easement from PTC, LLC for Property at 18th and
Elm Streets: City Manager recommending acceptance of the Grant of Easement for
Public Sanitary Sewer Utility from PTC LLC for property at 1800 Elm Street. Upon motion
the documents were received and filed, and Resolution No. 400-19 Accepting a Grant of
Easement forthe public sanitary sewerthrough, over and across part of Lot 171A in East
Dubuque Addition, in the City of Dubuque, lowa was adopted.
12. North Cascade Road Right-of-Way Dedication Plat from Property Owners Steger
and Tjarks: City Manager recommending that the City Council adopt a resolution
approving the Acquisition Plats that will provide the additional right-of-way needed for the
North Cascade Road Reconstruction Project. Upon motion the documents were received
and filed, and Resolution No. 401-19 Approving the Acquisition Plats of Lot A of the
Southeast Quarter of the Southwest Quarter of the Southwest Quarter of Section 34,
T89N, R2E of the 5th P.M., Dubuque County, lowa and Lot 1 -1-A and Lot 1-1-B of the
Southeast Quarter of the Southwest Quarter of Section 34, T89N, R2E of the 5th P.M.,
Dubuque County, lowa was adopted.
13. Vacant and Abandoned Buildings and Problem Property Assessments: City
Manager recommending adoption 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. 402-19 Authorizing the City of collect delinquent problem property
charges in accordance with 14-1J1 International Property Maintenance Code Section
106.5 and/or Section 109.5 Code of Ordinances of the City of Dubuque, lowa was
adopted.
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14. Finance Department Modified Staffing Change: City Manager recommending
approval to modify the staffing request change approved by City Council on October 21 ,
2019 to request a full-time Budget/Financial Analyst. Upon motion the documents were
received, filed and approved.
15. Request for Assistant Housing and Community Development Director: City
Manager recommending the addition of a Full-Time Assistant Housing and Community
Development Director to be implemented in the current fiscal year. Upon motion the
documents were received, filed and approved.
16. Transitioning the Lead and Healthy Homes Inspector to a Permanent Position: City
Manager recommending transitioning one Lead and Healthy Homes Inspector position to
a permanent FTE position that will span funding sources necessary to hold continuity to
both grant funded positions and the general housing code enforcement team. Upon
motion the documents were received, filed and approved.
17. Integrated Parking Service (IPS) Smart Parking Pilot: City Manager recommending
approval to enter into an agreement with IPS Group, Inc. to implement a 60-day smart
parking pilot with the option to extend an additional 30 days. Motion by Shaw to table.
Seconded by Del Toro. Mr. Shaw expressed his concerns with incomplete information
within the scope of project area of the contract and was concerned that more efficient
enforcement would create a heightened number of citations. Motion failed 4-2 with Shaw
and Del Toro voting nay.
Motion by Shaw to receive and file and approve the recommendation. Seconded by
Del Toro. Council Member Shaw reiterated his concerns. Transportation Services
Manager Renee Tyler responded to questions from the City Council stating that with this
being a pilot project, data is still being analyzed so the scope of project details such as
placement, timing and number of ineters are being discussed. Motion carried 5-1 with
Shaw voting nay.
18. Paramount Ambulance Request: Correspondence from Marvin Ney of Paramount
Ambulance requesting a change in the City's policy to include privately-owned emergency
services the use of Opticon, the City's Emergency Traffic Signal Pre-Emption. Motion by
Resnick to receive and file the documents and refer to the City Manager. Seconded by
Shaw. Marvin Ney of Paramount Ambulance Service, 5070 Wolff Rd, reiterated his
request stating that the matter is a public safety issue and that use of the system should
be allowed through the Mutual Aid Agreement. Responding to questions from the City
Council, City Manager Van Milligen stated that, if referred to him, he and City staff will
enter discussions and review of the Mutual Aid Agreement, discuss fees and exemptions
if the private service were called upon by the City. Motion carried 6-0. [Also see Public
Input section].
19. Mediacom Communications Company: Correspondence from Lee Grassley,
Senior Manager of Government Relations for Mediacom Communications Company,
informing the City of programming changes on or about December 15, 2019. Upon motion
the document was received and filed.
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20. Signed Contract: Hillcrest Family Services agreement for holiday display in Murphy
Park. Upon motion the document was received and filed.
21 . Improvement Contracts / Performance, Payment and Maintenance Bonds:
Robinson Brothers Environmental, Inc. for the Multicultural Family Center Hazardous
Building Materials Removal Project; Temperley Excavating, Inc. for the Bowling and
Beyond Site Foundation Removal Project. Upon motion the documents were received,
filed and approved.
22. Alcohol Compliance Civil Penalty for Alcohol License Holder — Big 10 Mart: City
Manager recommending approval of the Acknowledgment/Settlement Agreement for an
alcohol compliance violation for Big 10 Mart, 1875 JFK Road. Upon motion the documents
were received, filed and approved.
23. Alcohol Compliance Civil Penalty for Alcohol License Holder— Neighbors Tap: City
Manager recommending approval of the Acknowledgment/Settlement Agreement for an
alcohol compliance violation for Neighbors Tap, 1899 Rockdale Road. Upon motion the
documents were received, filed and approved.
24. 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. 403-19 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.
25. Dubuque Racing Association Depreciation and Improvement Fund Expenditure
Request: City Manager recommending approval of a request from Dubuque Racing
Association President Jesus Aviles is requesting approval to spend from the Depreciation
and Improvement Fund to replace the concrete near the main valet canopy at the Q
Casino. Upon motion the documents were received, filed and approved.
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 Resnick. Motion carried 6-0.
1 . Lower Bee Branch Creek Security Network Project: City Manager recommending
preliminary approval of the proposed plans, specifications, form of contract, and
construction estimate; establishing the date of the public hearing; and authorizing the City
Clerk to advertise for bids for the Lower Bee Branch Security Network Project. It is further
recommended that a public hearing be set for December 2, 2019. Upon motion the
documents were received and filed and Resolution No. 404-19 Preliminary approval of
plans, specifications, form of contract, and estimated cost; setting date of the public
hearing on plans, specifications, form of contract, and estimated cost; and ordering the
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advertisement for bids was adopted setting a public hearing for a meeting to commence
at 6:00 p.m. on December 2, 2019 in the Historic Federal Building.
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions.
1 . Building Code and Advisory Appeals Board: One, 3-Year term through August 1 ,
2021 (Vacant At-Large term of Luchsinger). Applicant: Russell Bickle, 933 White St.
2. Community Development Advisory Commission: One, 3-Year term through
February 15, 2020 (Vacant At-Large term of Pinnola). Applicant: Hilary Dalton, 1629
Washington St. Ms. Dalton spoke in support of her appointment and provided a brief
biography.
Appointments were made to the following Commissions.
3. Housing Commission: One, 3-Year term through August 17, 2022 (Vacant At-Large
term of Schwendinger). Applicants: Hilary Dalton, 1629 Washington St. as additional
applicant; Suzanne Stroud, 234 East 14th St. While at the podium, Ms. Dalton spoke in
support of her appointment to this commission. Upon roll-call vote of 6-0, Ms. Stroud was
appointed the remainder of a 3-year term through August 17, 2022.
4. Long Range Planning Advisory Commission: One, 3-Year term through July 1 , 2022
(Vacant term of Wright). Applicant: John Krayer, 6510 Wellington Ln. Motion by Shaw to
appoint Mr. Krayer to the remainder of a 3-year term through July 1 , 2022.
PUBLIC HEARINGS
1 . Request to Rezone 900 Seippel Road: Proof of publication on notice of public
hearing to approve a request from Joe Delaney to rezone property at 900 Seippel Road
from AG Agricultural Zoning District to CS Commercial Service and Wholesale Zoning
District, and the Zoning Advisory Commission recommending approval. Motion by Shaw
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. Responding to questions from Ann McClain, 255
Bradley St., developer Joe Delaney stated that the property would be used for storage
units as outlined in his original 2008 plan. Motion carried 6-0.
Motion by Shaw for final consideration and passage of Ordinance No. 49-19 Amending
Title 16 of the City of Dubuque Code of Ordinances Unified Development Code by
reclassifying hereinafter described property from AG Agricultural District to CS
Commercial Service and Wholesale District. Seconded by Del Toro. Motion carried 6-0.
2. Greater powntown Urban Renewal District - Resolution of Adoption: Proof of
publication on notice of public hearing to consider approval of an Amended and Restated
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Urban Renewal Plan for the Greater powntown Urban Renewal District, and the City
Manager recommending approval. Motion by Resnick to receive and file the documents
and adopt Resolution No. 405-19 Approving the Amended and Restated Urban Renewal
Plan for the Greater powntown Urban Renewal District. Seconded by Del Toro. Motion
carried 6-0.
3. Merge, LLC Development Agreement: Proof of publication on notice of public
hearing to consider approval of a Development Agreement between Merge, LLC and the
City of Dubuque providing for the sale of City-owned real estate in Greater powntown
Urban Renewal District to Merge, LLC and the issuance of Urban Renewal Tax Increment
Revenue Grant obligations. Motion by Del Toro to receive and file the documents and
adopt Resolution No. 406-19 Approving disposal of an interest in real property owned by
the City of Dubuque by sale through a Development Agreement with Merge, LLC.
Seconded by Shaw. Motion carried 6-0.
Brent Dahlstrom of Merge Urban Development Group, 604 Clay Street, Cedar Rapids;
David Lyons, Sustainable Innovation Consultant, and Kristin Dietzel, Vice President of
Workforce Solutions for the Greater Dubuque Development Corporation, 900 Jackson
Street; and Wally Wernimont, Assistant Planner for the City of Dubuque, provided verbal
and slide presentations of the project. Topics included a description of Opportunity Zones,
design review requirements, overlay with Port of Dubuque Master Plan and Imagine
Dubuque Comprehensive Plan, the history and need for rental units, and the relationship
to workforce recruitment and retention. The presenters, City Manager Van Milligen, and
David Lyons responded to questions during public input from Sam Feehan, 1055 Kelly
Lane; Michael Tilp, 2559 Elm Street; Nino Erba, 36 W. 4�h Street; Derek Duehr, 3395
Ventura Ct.; John Wegmann, 1710 Jackson Street; Hilary Dalton, 1629 Washington
Street; Mary Sand, 880 Goethe Street; and Brad Cavanagh, 565 Fenelon Place. Topics
of discussion included average rent rates, property tax percentage calculations;
clarification on the acceptance of Housing Choice Vouchers, assuring the use of local
labor, description of Opportunity Zones, pet-friendly options, and smart/green design
features.
4. Establishment of the Dubuque Urban Revitalization District: Proof of publication on
notice of public hearing to consider approval of the Dubuque Urban Revitalization Plan,
and the City Manager recommending approval. Motion by Resnick to receive and file the
documents, adopt the Resolution 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. Motion carried 6-0.
Resolution No. 407-19 Rescinding resolutions creating certain Urban Revitalization Plans
and adopting a new Dubuque Urban Revitalization Plan was adopted.
Assistant Planner Wally Wernimont provided a verbal presentation describing the
history, purpose, and eligibility of Urban Revitalization Districts in Dubuque and how they
relate to property improvement opportunities for property owners.
Mr. Wernimont and City Assessor Troy Patzner responded to questions from the City
Council and during public input from Charles Beinborn, 2615 Hillcrest Road; Kathy
Brimeyer, 2226 Jackson Street; Mary Sand 880 Goethe Street; David Hockenberry, 1015
W. 3�a Street; and John Wegmann, 1710 Jackson Street. Topics of discussion included
the difference in tax abatement between residential and commercial properties; timely
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increases to income qualification; improvement project qualifications; construction
requirements; completion timelines; other grant/funding opportunities; building permit
process; the difference between urban revitalization, TIF and urban renewal districts; and
the tax abatement and re-assessment process.
Motion by Resnick for final consideration and passage of Ordinance No. 50-19
Amending Ordinance No. 6-19 which amended City of Dubuque Code of Ordinances title
3, Revenue and Taxation, Chapter 2 Revitalization Areas by adopting a new Section 3-
2-14 Establishing the Alta Vista Urban Revitalization Area and establishing requirements
for qualifying property owners; Ordinance No. 51-19 Repealing Ordinance No. 12-2006
which established the Garfield Place II Urban Revitalization Plan; and Ordinance No. 52-
19 Amending the City of Dubuque Code of Ordinances Title 3, Revenue and Taxation,
Chapter 2 Revitalization Areas, by Repealing Sections 3-2-2 through and including 3-2-9
and Section 3-2-12 and adopting a new Section 3-2-2 Establishing the Dubuque
Revitalization Area and requirements for qualifying property owners. Seconded by Shaw.
Motion carried 6-0.
PUBLIC INPUT
Molly Dietzel, 2651 Broadway, spoke in opposition to giving Paramount Ambulance
Service permission to use the City's Opticon Emergency Traffic Signal Pre-Emption citing
her personal experiences and negative issues in other jurisdictions. Ms. Dietzel added
that the City Council should provide oversight on how the technology is used, and deny
the request and the authority [for Paramount] to use lights and sirens at all.
ACTION ITEMS
1 . Request Work Session on Imagine Dubuque Implementation Update: City Manager
recommending the City Council schedule a Work Session for Tuesday, February 4, 2020,
at 530 p.m. in the Council Chambers, regarding a recommended Collective Impact
framework for implementation of Imagine Dubuque 2037: A Call to Action, the City's 2017
Comprehensive Plan. Motion by Resnick to receive and file the documents and set the
work session as recommended pending schedule conflicts. None were noted. Seconded
by Shaw. At the request of Council Member Del Toro, Council Member-Elect Laura
Roussell acknowledged her availability from the gallery. Motion carried 6-0.
There being no further business, Chairperson Jones declared the meeting adjourned.
/s/Kevin S. Firnstahl, CMC
City Clerk
1t 11/27
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