Minutes_City Council Proceedings 3 2 20City of Dubuque
ITEM TITLE:
SUMMARY:
SUGGESTED DISPOSITION:
Copyrighted
March 16, 2020
Consent Items # 1.
Minutes and Reports Submitted
City Council Proceedings 2/27, 3/2, 3/9; Community
Development Advisory Commission of 2/19; Historic
Preservation Commission of 2/20; Housing Commission of
2/25/20; Library Board of Trustees of 1/23; Resilient
Community Advisory Commission of 3/5 with Attachments;
Zoning Advisory Commission of 3/4; Zoning Board of
Adjustment of 2/27; Proof of Publication for City Council
Proceedings of 2/10, 2/17, 2/24, 2/26, 2/27.
Suggested Disposition: Receive and File
ATTACHMENTS:
Description
City Council Proceedings of 2/27/20
City Council Proceedings of 3/2/20
Community Development Advisory Commission Minutes
of 2/19/20
Historic Preservation Commission Minutes of 2/20/20
Housing Commission Minutes of 2/25/20
Library Board of Trustees Minutes of 1/23/20
Resilient Community Advisory Commission Minutes of
3/5/20 with Attachments and Correspondence
Zoning Advisory Commission of 3/4/20
Zoning Board of Adjustment
Proof of Publication for City
2/10/20
Proof of Publication for City
2/17/20 Special Session
Proof of Publication for City
2/17/20 Regular Session
Proof of Publication for City
2/24/20
Proof of Publication for City
2/26/20
Proof of Publication for City
2/27/20
Minutes of 2/27/20
Council Proceedings of
Council Proceedings of
Council Proceedings of
Council Proceedings of
Council Proceedings of
Council Proceedings of
Type
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
Supporting Documentation
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 6:00 p.m. on March 2, 2020 in the
second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Cavanagh, Jones, Resnick, Roussell, Shaw,
Sprank; City Manager Van Milligen, City Attorney Brumwell
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on the Central Avenue Corridor Streetscape
Master Plan.
WORK SESSION
Central Avenue Corridor Streetscape Master Plan
Economic Development Director Jill Connors introduced the work session and RDG
consultant Ryan Peterson, who conducted the slide presentation. Topic included:
• Acknowledgements: City administration, Steering Committee, Consultant
Team, WHKS, RDG, and the Washington Neighborhood;
• Background: Central Avenue Study Area; project timeline 2018-2019;
• Public Input: Engagement Strategy; The Central Event; Spring Fling on Central;
Respondent priorities;
• Strategy: identifying emerging themes;
• Analysis: regional opportunities diagram;
• Streetscape Vision: inspirational images; streetscape elements and art;
• Next Steps.
Responding to questions from the City Council, Ms. Connors and Mr. Ryan stated that
the traffic study will be conducted several months after the SW Arterial has opened.
There being no further business, motion by Cavanagh to adjourn at 6:26 p.m.
Seconded by Shaw. Motion carried 7-0.
it 3/11
/s/Kevin S. Firnstahl, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on March 2, 2020 in the
second -floor Council Chambers of the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Cavanagh, Jones, Resnick, Roussell, Shaw,
Sprank; 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
CONSENT ITEMS
Motion by Resnick to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Shaw. Motion carried 7-0.
1. Minutes and Reports Submitted: City Council proceedings of 2/17, 2/22, 2/24, 2/26;
Community Development Advisory Commission of 1/15; Library Board of Trustees of
12/19/19 and Council Update No. 195 of 2/20/20; Resilient Community Advisory
Commission of 1/20; Proof of publication for City Council proceedings of 1/26, 1/27, 1/28,
2/4; 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: Tamika Carr for personal injury, Jessica Lang for
personal injury, Ashley Moore for vehicle damage, Brad Reicherts 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 Iowa, the agent for the Iowa Communities
Assurance Pool: Tamika Carr for personal injury, Jessica Lange for personal injury,
Ashley Moore for vehicle damage, Brad Reicherts for vehicle damage, and Emily Treanor
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. 64-20 Authorizing the Director of Finance and Budget/City Treasurer
to make certain payments of bills that must be paid and approved for payment in
accordance with City procedures was adopted.
5. Map of Iowa Historic Population Trends 1850-2018: City Manager providing a copy
of Historic Population Trends in Iowa for Decennial Census Years 1850-2018 from the
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Legislative Services Agency and the U.S. Census Bureau. Upon motion the document
was received and filed.
6. Iowa Population Trends in Age: City Manager providing a copy of Iowa Population
Trends in Age from the Legislative Services Agency and the U.S. Census Bureau. Upon
motion the document was received and filed.
7. Usage Agreement with Clarke University for Veteran's Memorial Park Softball Field
#2: City Manager recommending approval of a three-year extension of the current Usage
Agreement with Clarke University for Field 2 in Veterans' Memorial Park. Upon motion
the documents were received, filed and approved.
8. Approval of Usage Agreement with Loras College for McAleece Recreation Area
Petrakis Field: City Manager recommending approval of a three-year extension to the
current Usage Agreement with Loras College for Petrakis Field in McAleece Recreation
Area. Upon motion the documents were received, filed and approved.
9. Pre -Annexation Agreement with Arthur J. Fischer: City Manager recommending
approval of a Pre -Annexation Agreement with Arthur J. Fischer for property located at
14805 Siegert Lane in Dubuque County, in conjunction with his request to connect to City
water. Upon motion the documents were received and filed, and Resolution No. 65-20
Approving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Arthur
J. Fischer was adopted.
10. City of Dubuque Comments on Proposed NEPA Changes: City Manager
transmitting a draft letter from Mayor Roy D. Buol offering the City's comments to the
Council on Environmental Quality regarding the Council on Environmental Quality's
Proposal to Change Implementing Regulations for the National Environmental Policy Act
(NEPA). Upon motion the documents were received and filed.
11. Acceptance of Improvements in Cedar Lake Subdivision: City Manager
recommending acceptance of the public improvements that the developer, Pristine
Properties, LLC, has recently completed in Cedar Lake — East Fifteenth Addition. Upon
motion the documents were received and filed, and Resolution No. 66-20 Accepting
public improvements in Cedar Lake - East Fifteenth Addition in the City of Dubuque, Iowa
was adopted.
12. Acceptance of Storm Water Impoundment Easement from Gary Valentine in
Timber-Hyrst Subdivision No. 4: City Manager recommending acceptance of a Grant of
Easement for Storm Water Impoundment from Gary Valentine as part of the Timber-Hyrst
Estates No. 4 Project. Upon motion the documents were received and filed, and
Resolution No. 67-20 Accepting a Grant of Easement for Storm Water Impoundment
Easement through, over and across a part of Lot 1 of Valentine Place No. 3, in the city of
Dubuque, Dubuque County, Iowa was adopted.
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13. Acceptance of Sanitary Sewer Improvements across Part of Lot 64 in Timber-Hyrst
#5 Subdivision: City Manager recommending acceptance of the public improvements that
the developers, Lori E. Silvia and Brian A. Silvia, have recently completed across Part of
Lot 64 in Timber-Hyrst Estates #5 Subdivision. Upon motion the documents were
received and filed, and Resolution No. 68-20 Accepting Public Sanitary Sewer
Improvements across Lot 64 in Timber-Hyrst Estates #5, in the City of Dubuque, Iowa
was adopted.
14. Iowa Worker Adjustment and Retraining Notification - Sisters of Charity of the
Blessed Virgin Mary (BVM): Correspondence from the Sisters of Charity of the Blessed
Virgin Mary (BVM) notifying the City of a permanent termination of 203 employees at its
facility at 1100 Carmel Drive. Upon motion the documents were received, filed, and
referred to the City Manager.
15. SOO Green HVDC Link Project Co, LLC: Correspondence from SOO Green HVDC
Link Project Co., LLC (SOO Green) notifying the City of a public information meeting at
5:30 p.m. on March 16, 2020 at the Hotel Julien, on a proposed 525 kilovolt underground
high voltage direct current (HVDC) electric transmission line in Dubuque County, Iowa.
Upon motion the documents were received, filed, and referred to the City Manager.
16. Request for Proposal - Smart Traffic Routing with Efficient and Effective Traffic
System (STREETS) Project: City Manager recommending approval to initiate the
Request for Proposals (RFP) process for professional consultant services to design and
implement the Smart Traffic Routing with Efficient and Effective Traffic System
(STREETS). Upon motion the documents were received, filed and approved.
17. Iowa Finance Authority (IFA) Housing Trust Fund Agreement: City Manager
recommending approval of the Iowa Finance Authority State Housing Trust Fund Grant
Agreement for 2020 for continued support of homeownership and rehabilitation activities
in the Washington Neighborhood. Upon motion the documents were received and filed,
and Resolution No. 69-20 Approving the State Housing Trust Fund Grant Agreement
between the Iowa Finance Authority (IFA) and Dubuque's Housing Trust Fund and
authorizing the Director of Housing and Community Development and the City Manager
to approve the agreement was adopted.
18. CS Technologies - Amendment to Master Co -location and Shared Services
Agreement: City Manager recommending approval of an amendment to the Master Co -
Location and Shared Services Agreement between the City of Dubuque and CS
Technologies. Upon motion the documents were received, filed and approved.
19. ImOn Communications LLC - Third Amendment to Master Co -location and Shared
Services Agreement: City Manager recommending approval of a Third Amendment to
Master Co -Location and Shared Services Agreement between the City of Dubuque and
ImOn Communications LLC. Upon motion the documents were received, filed and
approved.
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20. Habitat for Humanity Memorandum of Understanding: City Manager
recommending approval of a Memorandum of Understanding with Habitat for Humanity
ensuring the property at 389 E. 21st Street remain an affordable residential unit upon
completion of the project. Upon motion the documents were received and filed, and
Resolution No. 70-20 Approving a Memorandum of Understanding between the City of
Dubuque and Habitat for Humanity of Dubuque and Jackson County for the requirements
associated with the property located at 389 E. 21 st Street was adopted.
21. Signed Contract(s): Software License and Services Agreement with Ecolane USA,
Inc. for installation of equipment in the Jule's demand response bus fleet. Upon motion
the document was received and filed.
22. Business License Refunds: Request from Beecher Liquor fora refund of the Liquor
License No. LE0003208 located at 1691 Asbury Rd. due to business being sold and
request from Iowa Street Mart for a refund of Tobacco Permit No. DBQ-06-20 located at
1256 Iowa Street due to business being sold. Upon motion the documents were received,
filed and approved.
23. 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. 71-20 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.
24. Improvement Contracts / Performance, Payment and Maintenance Bonds: Conlon
Construction for the Chaplain Schmitt Island Veterans Memorial Site Improvements;
MDE, LLC d/b/a McDermott Excavating, for the North Cascade Road Water Main
Extension - Creek Crossing Project. 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 7-0.
1. Jackson Street Reconstruction Project from 11 th Street to 12th Street: City Manager
recommending initiation of the public bidding procedure for the Jackson Street (11th
Street to 12th Street) Reconstruction Project, and further recommends that a public
hearing be set for April 6, 2020. Upon motion the documents were received and filed and
Resolution No. 72-20 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; and Resolution No. 73-20
Approving the preliminary plats, schedule of assessments and estimate of total cost for
the Jackson Street (11 th Street to 12th Street) Reconstruction Project; Resolution No. 74-
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20 Resolution of Necessity for the Jackson Street (11th Street to 12th Street)
Reconstruction Project; and Resolution No. 75-20 Fixing date of public hearing on
Resolution of Necessity were adopted setting a public hearing for a meeting to commence
at 6:00 p.m. on April 6, 2020 in the Historic Federal Building.
2. Cedar Street Force Main Air Vacuum Release Valve Replacement Project: City
Manager recommending initiation of the public bidding process for the Cedar Street Force
Main Air Vacuum Release Valve Replacement Project and further recommends that the
City Council set a public hearing for March 16, 2020. Upon motion the documents were
received and filed and Resolution No. 76-20 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
March 16, 2020 in the Historic Federal Building.
3. Setting Public Hearing for the Fiscal Year 2021 City of Dubuque Recommended
Budget: City manager recommending that the City Council set a public hearing for March
26, 2020 on the Fiscal Year 2021 City budget, operating and Capital Improvement
Program for the City of Dubuque. Upon motion the documents were received and filed
and Resolution No. 77-20 Setting the date for the public hearing on the Fiscal Year 2021
Budget as Amended for the City of Dubuque; and Resolution No. 78-20 Setting the date
for the public hearing on the Five -Year Capital Improvement Program for Fiscal Years
2021 through 2025 for the City of Dubuque were adopted setting a public hearing for a
meeting to commence at 6:00 p.m. on March 26, 2020 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. Mechanical and Plumbing Code Board: Two, 3-Year terms through March 16, 2023
(Expiring terms of Giese and Muhlack). Applicants: Tom Giese, 395 Villa St.; Dieter
Muhlack, 2464 Matthew John Dr. Mr. Muhlack spoke in support of his appointment and
provided a brief biography.
2. Zoning Board of Adjustment: One, 5-Year term through March 25, 2025 (Expiring
term of Ahlvin). Applicant: Keith Ahlvin, 264 S. Grandview Ave. Mr. Ahlvin spoke in
support of his appointment and provided a brief biography.
PUBLIC HEARINGS
1. Millwork District Parking Lot 1 Project: Proof of publication on notice of public hearing
to consider approval of plans, specifications, form of contract, and estimated cost for the
Millwork District Parking Lot 1 Project, and the City Manager recommending approval.
Motion by Shaw to receive and file the documents and adopt Resolution No. 79-20
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Approval of plans, specifications, form of contract, and estimated cost for the Millwork
District Parking Lot #1. Seconded by Roussell. Motion carried 7-0.
2. Eagle Point Park Environmental Restoration Project Phase 2 - Bioretention Basin
Construction, Tree Removal and Native Vegetation Establishment: Proof of publication
on notice of public hearing to consider approval of the approval of plans, specifications,
form of contract, and estimated cost for the Eagle Point Park Environmental Restoration
Project Phase 2 - Bioretention Basin Construction, Tree Removal and Native Vegetation
Establishment, and the City Manager recommending approval. Motion by Jones to
receive and file the documents and adopt Resolution No. 80-20 Approval of plans,
specifications, form of contract, and estimated cost for the Eagle Point Park
Environmental Restoration Project: Phase 2 Bioretention Basin construction, tree
removal, and native vegetation establishment. Seconded by Cavanagh. Motion carried 7-
0.
PUBLIC INPUT
Pat Konzen, 3145 Windsor Avenue, speaking relative to Action Item No. 2, provided
background information on his claim against the city and requested that the City Council
reverse its denial of the claim.
Related to Action Item No. 4, Lisa Johnson, 206 Southgate; Nan Welch, 955 Kelly
Lane; Kristen Vaassen, 2319 Manson Road; and Mary Ann Kirkendall, 1215 Valentine
Drive, spoke in support of the proposed ordinance amendment allowing leashed pets in
parks. Carol Loetscher, 430 Woodland Ridge; Art Gilloon, 535 Heritage Drive; Linda
Rush, 955 Kelly Lane; and Keith [Nellis], 705 Garfield Avenue, spoke in opposition to the
proposed ordinance amendment allowing leashed pets in parks.
Paul Uzel, 61 N. Algona Street, and of the Dubuque Interfaith Green Coalition,
addressed the Council about his concerns with implementing the automated waste
collection system and suggested more discussion and public input on the subject.
ACTION ITEMS
1. Greater Dubuque Development Corporation - Quarterly Update: President and CEO
Rick Dickinson presented a verbal report on GDDC's recent activities. Topics included:
GDDC Newsletter subscription; Coronavirus information sharing with the business
community and its relation to Dubuque's high health care ranking; business retention and
expansion program via Contact Manager software and Best if Business Award; and the
Dubuque Collegiate and Technology Fair. Motion by Resnick to receive and file the
information. Seconded by Cavanagh. Motion carried 7-0.
2. Request to Reconsider a Denial of Claim by Patrick Konzen: Correspondence from
Council Member David Resnick requesting reconsideration of the denial of a claim against
the City filed by Patrick Konzen. Motion by Resnick to reconsider the denial of a claim
against the City by Patrick Konzen. Seconded by Shaw. Motion failed 4-3 with Jones,
Cavanagh, Buol, and Roussell voting nay. Housing and Community Development
Director Alexis Steger responded to questions from the City Council and provided a verbal
report on the history of the project and staff efforts to resolve the problems raised by Mr.
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Konzen. The City Council concurred that the claim process should be trusted and
followed, and that staff should continue to pursue a resolution and requested that Mr.
Konzen allow staff access to the property.
3. Awarding the North Cascade Road Reconstruction Project: City Manager
recommending award of the North Cascade Road Reconstruction Project contract to the
low bidder Top Grade Excavating, Inc. Motion by Jones to receive and file the documents
and adopt Resolution No. 81-20 Awarding public improvement construction contract for
the North Cascade Road Reconstruction Project, Phase 1 from the Bridge over Catfish
Creek to Edval Lane, Iowa DOT Project No. STBG-SWAP-2100 (669)--SG-31. Seconded
by Cavanagh. Motion carried 7-0.
4. Code of Ordinance Amendment - Title 10 Allowing Leashed Dogs and Cats in
Designated Parks: Park and Recreation Advisory Commission recommending
amendments to the City of Dubuque Code of Ordinances allowing leashed dogs and cats
in designated parks.
Motion by Cavanagh to amend the second of the two proposed ordinances to include
Eagle Point Park and Murphy Park on the list of prohibited areas. Seconded by Roussell.
Motion carried 5-2 with Jones and Shaw voting nay.
Restated 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. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 9-20 (as
amended) Amending City of Dubuque Code of Ordinances Title 10 Public Ways and
Property, Chapter 5 Parks and Recreation, Article B Use Regulations, Section 10-5B-1
Definitions; and Ordinance 10-20 Amending City of Dubuque Code of Ordinances Title
10 Public Ways and Property, Chapter 5 Parks and Recreation, Article B Use Regulations
by repealing Section 10-5B-4 Dogs, Cats and other Domestic Animals and adopting a
new Section 10-5B-4 Dogs and Cats in lieu thereof. Seconded by Shaw. Motion carried
7-0.
5. City Council Priority - Dream Center: City Manager recommending that the Mayor
and City Council dedicate $176,000 in Fiscal Year 2020 and $100,000 in Fiscal Year 2021
of this already budgeted funding to the Dream Center project. Motion by Resnick to
receive and file the documents and approve the recommendation. Seconded by
Cavanagh. Motion carried 7-0.
6. City Council Priority - Fountain of Youth / United Way: City Manager that the Mayor
and City Council dedicate $13,031.50 in Fiscal Year 2020 of this already budgeted
funding to the United Way for grant matching purposes to benefit the Fountain of Youth.
Motion by Resnick to receive and file the documents and approve the recommendation.
Seconded by Jones. Motion carried 7-0.
7. Code of Ordinances Amendment - Title 1 Civil Service Employees State of
Residency: City Manager recommending approval of an Ordinance that permits the City's
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civil service employees to reside in states other than the State of Iowa. 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 Sprank. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 11-20 Amending
City of Dubuque Code of Ordinances Title 1 Administration, Chapter 7 City Officers and
Employees. Seconded by Shaw. Motion carried 7-0.
8. Five Flags Civic Center Referendum: Information from City Clerk and City Attorney:
City Clerk providing information on the use of voting centers for the September 8, 2020
Five Flags Civic Center referendum. City Attorney providing information on referendum
parameters for City Council Members. Motion by Roussell to receive and file the
information. Seconded by Jones. Motion carried 7-0.
9. Request to Reschedule Inclusive Dubuque Work Session: City Manager
recommending City Council approval to reschedule the April 13, 2020 Inclusive Dubuque
Work Session to Monday, April 6, 2020 at 5:30 p.m. Motion by Jones to receive and file
the documents and schedule the work session as recommended. Seconded by Roussell.
No schedule conflicts were noted. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Jones reported on the Dubuque Area Metropolitan Solid Waste
Agency (DAMSWA) negotiating a services and marketing agreement for methane gas
product. It will go to public hearing at the Agency's March 18, 2020 board meeting.
Council Member Cavanagh reported on his participation in St. Mark Youth Enrichment
and Lincoln Elementary after -school reading program and recognized their efforts.
Council Member Roussell offered her thanks for being able to attend the Municipal
Leadership Academy II and recognized the Dubuque Dream Center for their impressive
graduation ceremony.
Mayor Buol requested and received consensus for calling a work session of the City
Council for Monday, March 9, 2020 at 6:00 p.m. in the Council Chambers to hear about
Dubuque's preparedness related to the Coronavirus outbreak.
There being no further business, Mayor Buol declared the meeting adjourned at 9:08
p.m.
1 t 3/11
/s/Kevin S. Firnstahl, CMC
City Clerk
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