Minutes_City Council Proceedings 12 16 19 Copyrighted
January 6, 2020
City of Dubuque Consent Items # 1.
ITEM TITLE: Minutes and Reports Submitted
SUMMARY: City Council Proceedings of 12/16/19; Civil Service
Commission of 12/19/19; Housing Commission of
11/26/19, 12/17/19; Library Board of Trustees of 11/21/19
and Council Update No. 193 of 12/19/19; TransitAdvisory
Board of 11/14/19; Zoning Board of Adjustment of
12/19/19; Proof of publication for City Council Proceedings
of 12/2/19; Proof of publication for List of Claims and
Summary of Revenues for Month Ending 11/30/19.
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File
ATTACHMENTS:
Description Type
City Council Proceedings of 12/16/19 Supporting Documentation
Civil Service Commission Minutes of 12/19/19 Supporting Documentation
Housing Commission Minutes of 11/26/19 Supporting Documentation
Housing Commission Minutes of 12/17/19 Supporting Documentation
Library Board of Trustees Minutes of 11/21/19 Supporting Documentation
Library Board of Trustees Council Update No. 193 of Supporting Documentation
12/19/19
TransitAdvisory Board Minutes of 11/14/19 Supporting Documentation
Zoning Board of Adjustrnent Minutes of 12/19/19 Supporting Documentation
Proof of Publication for City Council Proceedings of Supporting Documentation
12/2/19
Proof of Publication for List of Claims/Summary of Supporting Documentation
Revenues ME 11/30/19
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on December 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, Shaw, Sprank; City
Manager Van Milligen, City Attorney Brumwell
Absent: Council Member 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
CONSENTITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Jones. Motion carried 6-0.
1 . Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of
11/26; City Council Proceedings of 12/2; Civil Service Commission of 12/6; Human Rights
Commission Minutes of 10/14; Library Board of Trustees of 10/24; Zoning Advisory
Commission of 12/4; Zoning Board of Adjustment of 11/21 ; Proof of Publication for City
Council Proceedings of 11/4, 11/12, 11/18. Upon motion the documents were received
and filed.
2. Notice of Claims and Suits: Nancy Fett for vehicle damage; Lawrence Hutton, Jr. for
vehicle damage; Jonathan Kueter for vehicle damage; Michael Nagelmaker for 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: Lawrence Hutton, Jr. for vehicle damage/personal injury; Jonathan
Kueter for vehicle damage; Michael Nagelmaker for vehicle 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. 423-19 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. Fountain of Youth Eradication of Generational Poverty Day: City Manager providing
a copy of the December 7, 2019 agenda for the Fountain of Youth Eradication of
Generational Poverty Day meeting. Upon motion the document was received and filed.
6. Civil Service Commission - Certified Lists: Civil Service Commission submitting the
Certified Lists for the positions of Cashier, Environmental Coordinator, and
Firefighter/Paramedic. Upon motion the documents were received, filed and made a
Matter of Record.
7. Pre-Annexation Agreement - John R. and Emily M. Sewell: City Manager
recommending approval of a Pre-Annexation Agreement with John R. and Emily M.
Sewell, for property located at 14247 N. Cascade Road, in conjunction with their request
to connect to City water. Upon motion the documents were received and filed, and
Resolution No. 424-19 Approving a Pre-Annexation Agreement Between the City of
Dubuque, lowa and John R. and Emily M. Sewell was adopted.
8. North Cascade Road Right-of-Way Acquisition / Dedication Plat - Cheryl Sheldon:
City Manager recommending approval of the Acquisition Plat and acceptance of the
dedication of additional right-of-way along North Cascade Road at Park View Lane from
property owner Cheryl Sheldon. Upon motion the documents were received and filed, and
Resolution No. 425-19 Approving the Acquisition Plat of Lot 10A of F.D.R. Park View
Heights, Section 3, Township 88 North Range 2 east of the 5th Principal Meridian in
Dubuque County, lowa was adopted.
9. North Cascade Road Right-of-Way Dedication Plat - Darla K. Till and Charles P. Till:
City Manager recommending approval of the Acquisition Plat and acceptance of the
dedication of additional right-of-way along North Cascade Road at Park View Lane from
property owners Charles P. and Darla K. Till. Upon motion the documents were received
and filed, and Resolution No. 426-19 Approving the Acquisition Plat of Lot 2-2-1-2-A of
West Fractional Half of the Northwest Quarter Section 3, Township 88 North Range 2
East of the 5th Principal Meridian in Dubuque County, lowa was adopted.
10. North Cascade Road Right-of-Way Acquisition / Dedication Plat - William E. Apel:
City Manager recommending approval of the Acquisition Plat and acceptance of the
dedication of additional right-of-way along North Cascade Road east of Park View Lane
from property owner William E. Apel. Upon motion the documents were received and
filed, and Resolution No. 427-19 Approving the Acquisition Plat of Lot 2A of the East
Fractional Half of the Northwest Quarter of Section 3, T88N, R2E of the 5th P.M.,
Dubuque County, lowa was adopted.
11 . U.S. Department of Housing & Urban Development (HUD) - Family Unification
Program Application: City Manager recommending City Council authorization of an
application to the U.S. Department of Housing & Urban Development (HUD) for the
administration of the Family Unification Program in partnership with Public Child Welfare
Agency (lowa Department of Human Services). It is further recommended that City
Manager or his designee be authorized to execute all required documentation for this
grant application. Upon motion the documents were received and filed, and Resolution
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No. 428-19 Authorizing the Mayor to execute an application for Family Unification
Program Grant and authorizing the Director of Housing and Community Development and
the City Manager to approve the application was adopted.
12. Family Self-Sufficiency Coordinators Funding for Calendar Year 2020: City
Manager recommending approval to continue the two, Family Self-Sufficiency
Coordinator positions required to administer the Family Self-Sufficiency Program until
December 31 , 2020, when additional grant funding may be obtained for the positions.
Upon motion the documents were received, filed and approved.
13. lowa Department of Transportation (IDOT) East / West Corridor Capacity
Improvements Funding Agreement: City Manager recommending approval and
authorization for the Mayor to execute a Federal-Aid SWAP Funding Agreement with the
lowa Department of Transportation for the development and advancement of the East-
West Corridor Capacity Improvements. Upon motion the documents were received and
filed, and Resolution No. 429-19 Approving a Federal Aid Swap Funding Agreement (6-
19-STBG-SWAP-039) with the lowa Department of Transportation for the Development
and Advancement of EastM/est Corridor Capacity Improvements was adopted.
14. Drug Abuse Resistance Education (DARE) Program Agreement with Holy Family
School District for School Year 2019-2020: 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 Holy Family School District. Upon motion
the documents were received, filed and approved.
15. Calendar Year 2019 Urban Revitalization Program Applications: City Manager
recommending approval of a resolution approving property tax abatement applications
for 30 residential properties in recognized Urban Revitalization Areas, and authoring
transmittal to the City Assessor for final review and determination of the amount of
property tax abatement. Upon motion the documents were received and filed, and
Resolution No. 430-19 Approving property tax abatement applications submitted by
property owners in recognized Urban Revitalization Areas and authorizing the transmittal
of the approved applications to the City Tax Assessor was adopted.
16. Bishop Block 90 Main Street - Amendment to Loan Agreement: City Manager
recommending approval of a resolution extending the loan maturity until June 30, 2020,
for Mercy Housing's loan for Bishop Block— 90 Main Street. Upon motion the documents
were received and filed, and Resolution No. 431-19 Amending Agreement with Mercy
Housing to extend maturity date of loan for property at 90 Main Street was adopted.
17. Acceptance of Grants of Easement for Sanitary Sewer Utility across Silvia Property:
City Manager recommending acceptance of a Grant of Easement for Sanitary Sewer
Utility from Lori and Brian Silvia for a relocated public sanitary sewer across Part of Lot
64 in Timber-Hyrst Estates #5 in the City of Dubuque. Upon motion the documents were
received and filed, and Resolution No. 432-19 Accepting a Grant of Easement for Sanitary
Sewer Utility through, under and across part of Lot 64 in Timber-Hyrst Estates #5 in the
City of Dubuque, lowa was adopted.
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18. Acceptance of 22nd Street Storm Improvement Project - Phase I Elm Street and
White Street: City Manager recommending acceptance of the construction contract and
establishment of the Final Schedule of Assessments for the 22nd Street Storm Sewer
Improvements Project — Phase I (Elm to White) as completed by Portzen Construction.
Upon motion the documents were received and filed, and Resolution No. 433-19
Accepting the 22nd Street Storm Sewer Improvements Project - Phase 1 (Elm to White
Streets) and authorizing the payment of the contract amount to the contractor; and
Resolution No. 434-19 Adopting the Final Assessment Schedule for the 22nd Street
Storm Sewer Improvements Project - Phase 1 (Elm to White Streets) were adopted.
19. Acceptance of Amy Court Storm Improvements Project: City Manager
recommending acceptance of the public improvement construction contract for the Amy
Court Drainage Improvements Project, as completed by Drew Cook & Sons Excavating
Company, Inc. Upon motion the documents were received and filed, and Resolution No.
435-19 Accepting the Amy Court Drainage Improvements Project and Authorizing the
final Payment to the contractor was adopted.
20. Acceptance of Van Buren Street Energy Dissipator Project: City Manager
recommending acceptance of the public improvement construction contract for the Van
Buren Street Energy Dissipator Project, as completed by Drew Cook & Sons Excavating
Company, Inc. Upon motion the documents were received and filed, and Resolution No.
436-19 Accepting the Van Buren Street Energy Dissipator Project and Authorizing the
final payment to the contractor was adopted.
21 . Growing Sustainable Communities Conference Agreement for Whova Mobile
Application: City Manager recommending approval to execute an agreement with Whova
mobile application to assist with the logistics of the 2020 Growing Sustainable
Communities conference. Upon motion the documents were received, filed and approved.
22. Growing Sustainable Communities Conference Agreement with Travel Dubuque:
City Manager recommending approval of a contract with Travel Dubuque to host the 2020
Growing Sustainable Communities Conference. Upon motion the documents were
received, filed and approved.
23. 2019 Public Right-of-Way Sidewalk Repair Assessment Project: City Manager
recommending approval of a Resolution establishing the final assessment schedule for
the 2019 Public Right-of-Way Sidewalk Repair Assessment Project. Upon motion the
documents were received and filed, and Resolution No. 437-19 Adopting the Final
Assessment Schedule for the 2019 Public Right-of-Way Sidewalk Assessment Project
was adopted.
24. Tree City USA Application: City Manager recommending approval of an application
for Dubuque to become recertified as a Tree City USA as unanimously recommended by
the Park and Recreation Commission. Upon motion the documents were received, filed
and approved.
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25. Finance Confidential Account Clerk Position: City Manager recommending
approval to change the shared, part-time Confidential Account Clerk position to a full-time
position. Upon motion the documents were received, filed and approved.
26. Improvement Contracts / Performance, Payment and Maintenance Bonds: Sheets
Design Build, LLC for the Multicultural Family Center Expansion & Renovation;
Tschiggfrie Excavating Co. for 17th Street Railroad Crossing Exploratory Excavation; A-
One Geothermal, Inc. for 17th Street Railroad Crossing Exploratory HDD Excavation.
Upon motion the documents were received, filed and approved.
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. 438-19 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 Resnick. Motion carried 6-0.
1 . Chaplain Schmitt Island Veteran's Memorial Site Improvements: City Manager
recommending initiation of the public bidding procedure for the Chaplain Schmitt
Veteran's Memorial Project, and further recommends that a public hearing be set for
January 6, 2020. Upon motion the documents were received and filed, and Resolution
No. 439-19 Preliminary approval of plans, specifications, form of contract, and estimated
cost; setting date of public hearing on plans, specifications, form of contract and estimated
cost; and ordering the advertisement for bids was adopted setting a public hearing for a
meeting to commence at 6:00 p.m. on January 6, 2020 in the Historic Federal Building.
PUBLIC HEARINGS
1 . Roshek Property Development Agreement (as Amended): Proof of publication on
notice of public hearing to consider approval of a Development Agreement as Amended
by and among the City of Dubuque, lowa; Roshek Property, LLC; Cottingham & Butler,
Inc.; and Heartland Financial USA, Inc., including the issuance of Urban Renewal Tax
Increment Revenue Obligations; and the City Manager recommending approval. Motion
by Jones to receive and file the documents and adopt Resolution No. 440-19 Approving
a Development Agreement as Amended by and among the City of Dubuque, lowa;
Roshek Property, LLC; Cottingham & Butler, Inc.; and Heartland Financial USA, Inc.
including the issuance of Urban Renewal Tax Increment Revenue Obligations. Seconded
by Resnick. Motion carried 4-2 with Shaw and Del Toro voting nay.
Paul Fuerst, 15 S. Algona Street, questioned the current occupancy of existing ramps
and proposed alternatives to new construction. Joe Hearn, President/CEO of Dupaco,
3999 Pennsylvania Avenue, spoke in support of the agreement citing Dupaco's own
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expansion in the Historic Millwork District and future employee parking/transportation
needs, increased leasing in the District, and workforce recruitment and retention. Mike
Coyle, 1398 Central Avenue, and a Heartland Financial Board Members, spoke in favor
of the agreement, cautioning a short window of opportunity, and adding that the
agreement would help Dubuque Initiatives move beyond their obligation to the Roshek
Building enabling DI to provide other opportunities. Dave Becker, 800 Main Street,
President/CEO for Cottingham & Butler, provided a biography of the company's business,
expansions and current/future workforce recruitment and retention needs. Rick
Dickinson, President/CEO Greater Dubuque Development Corporation, 900 Jackson
Street, spoke in favor of the agreement citing how the sale would enable Dubuque
Initiatives to reinvest in other opportunities and how the construction of existing parking
ramps has revitalized downtown. He added that excess parking today is a design for the
future as evidence in the use of the existing ramps. Candace Eudaley-Loebach, 1715
Glen Oak Street, and former Transit Director for the City, urged the City Council to use
the tools and ideas expressed in previous transportation studies before deciding to build
new.
City Manager Van Milligen responded to public comment by noting the amount of
undeveloped commercial space under consideration in the downtown and Millwork
District and the number of potential employees that will create a need for future parking.
He also reiterated that the agreement with Dupaco Voices, LLC obligates the City to build
parking. Mr. Van Milligen also acknowledged Ms. Eudaley-Loebach's comments on using
transportation studies as a resource. City Attorney Brumwell confirmed that Council
Members who are representatives on the Dubuque Initiatives Board do not have a conflict
of interest with this item.
City Council discussion included concerns over the proposed site selections, historic
preservation of building potentially affected by the proposed construction, the control of
the quick timeline the negotiating parties hold on the process, the potential for
construction of future parking structures, reassignment of Capital Improvement funds to
accommodate ramp construction, impact on the debt reduction plan. Council also
discussed the potential benefitsto the agreement and parking structure construction citing
that Cottingham & Butler and Heartland Financial are trusted, tenured Dubuque
companies with national connections, changes in personal transportation needs and
technology, providing parking as a city obligation to its businesses, workforce recruitment
and retention, creating a diverse community of choice, and full and active Roshek
Building.
2. Code of Ordinances Amendment Title 9 - Amending Residential Parking Permit
District A: Proof of publication on notice of public hearing to consider approval of a request
from the University of Dubuque to withdraw Grace Street from North Algona to 270 feet
east of McCormick Street from the Residential Parking Permit District "District A." and the
City Manager 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 Resnick. Motion carried 6-0.
Motion by Shaw for final consideration and passage of Ordinance No. 53-19 Amending
City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14
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Parking, Division 7 Residential Parking Permit Program Section 9-14-321 .733 Residential
Parking Permit District A. Seconded by Resnick. Motion carried 6-0.
3. Code of Ordinances Amendment Title 16 - Licensed Child Care Centers in Office,
Commercial and Industrial Zoning Districts: Proof of publication on notice of public
hearing to consider an amendment to the City of Dubuque Code of Ordinances to permit
Licensed Child Care Centers in Office, Commercial and Industrial Zoning Districts, 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. Assistant Planner Wally Wernimont provided
a staff report. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 54-19 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
amending Article 16-8-5.20 Conditional Uses and Amending Articles 16-5.7 (OR), 16-5.8
(OS), 16-5.9 (OC), 16-5-10 (C-1), 16-5-11 (G2), 16-5-12 (G2A), 16-5-13 (C-3), 16-5-14
(C-4), 16-5-15 (G5), 16-5-16 (CS), 16-5-17 (CR), 16-5-18 (LI), 16-5-19 (HI), And 16-5-20
by removing Licensed Childcare Center from the list of Conditional Uses and adding
Licensed Childcare Center to the list of Permitted Uses. Seconded by Shaw. Motion
carried 6-0.
ACTION ITEMS
1 . Bee Branch Creek Restoration Project, Phase 9: Flood Mitigation Maintenance
Facility, Acquisition of 411 E. 15th Street: City Manager recommending approval to
amend the purchase agreement with Blum Properties, Inc. and Alvin Blum for the
acquisition of 411 E. 15th Street. Motion by Jones to receive and file the documents and
adopt Resolution No. 441-19 Amending the Purchase Agreement for the acquisition of
real estate owned by Blum Properties, Inc. in the City of Dubuque. Seconded by Del Toro.
Responding to questions from the City Council, City Manager Van Milligen explained how
the financial process will work between the City and Blum Properties, Inc. regarding
reimbursement if any grant funds are received. Motion carried 5-0 with Jones having
momentarily stepped out of the Chambers.
2. Four Mounds HEART Program: City Manager recommending City Council support
of the Adult Four Mounds HEART Program by committing funds to rehabilitate the
property at 2601 Jackson Street per rehabilitation standards. Motion by Resnick to
receive and file the documents and approve the recommendation. Seconded by Shaw.
Motion carried 6-0.
3. Code of Ordinances Amendment Title 2 - Arts and Cultural Affairs Advisory
Commission Meeting Schedule: City Manager recommending approval of an amendment
to the City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 8
Arts and Cultural Affairs Advisory Commission, Section 2-8-10 Meetings, providing that
the Commission must meet monthly, but not a designated date. Motion by Jones to
receive and file the documents and that the requirement that a proposed ordinance be
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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. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 55-19 Amending
City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 8 Arts
and Cultural Affairs Advisory Commission, Section 2-8-10 Meetings. Seconded by
Resnick. Motion carried 6-0.
COUNCIL MEMBER REPORTS
Council Member Shaw reported on his recent trip to the State Capital with a group to
voice issues about in-state and out-of-state companies purchasing mobile home parks
and systematically forcing tenants to move out by raising fees and rentals. Mr. Shaw
noted that the state has pre-empted cities from remedying many situations but that cities
must continue to help protect these residents. Mr. Shaw thanked Council Member Del
Toro for his term of service on the City Council.
Council Member Resnick reported on the recent event at the Fountain of Youth
commending the agency's work toward reducing generational poverty.
Council Member Del Toro thanked his family and citizens for their support during his
term of service on the City Council and noted that he worked to build the community while
listening to different perspectives.
There being no further business, Mayor Buol declared the meeting adjourned at 736
p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
1 t 12/25
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