Minutes_City Council Proceedings 4 6 15 CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:30 p.m. on April 6, 2015 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick,
Sutton; City Manager Van Milligen, City Attorney Lindahl
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 for the Catfish Creek Watershed
management Plan.
Catfish Creek Watershed Management Plan
• Watershed Planning Steps (Addresses USEPA/Iowa DNR 9 Elements)
• Watershed Field Inventory
• Important Natural Areas
• Future Land Use/Land Cover
• Green Infrastructure Network
• Water Quality Criteria Exceedances
• Pollutant Loading Model Results
• Flood Problem Areas
• Policy Recommendations
• Site Specific Management Measures
• Detention Basin Recommendations
• Wetland Restoration Recommendations
• Streambank, Channel, & Riparian Restoration
• Stream & Riparian Area Restoration
• Green Infrastructure Protection Areas
• Existing Agricultural Management Practices
• High Priority-Critical Areas
• State Revolving Fund (SRF) Sponsorship Project — Catfish Creek
• Other Projects and Future Goals
There being no further business, upon motion the City Council adjourned at 6:01 p.m.
/s/Trish Gleason, Assistant City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on April 6, 2015 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick,
Sutton; City Manager Van Milligen, City Attorney Lindahl
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 . Community Development Week (April 6-11) accepted by Theresa Caldwell
President of The Washington Neighborhood Association
2. Mayor's Day of Recognition for National Service (April 7) Natalie Blatz with
AmeriCorp Partners in Learning and Beth Kelchen, Project Director with Retired and
Senior Volunteer Program
3. Smart Money Week (April 18 - 25) accepted by Amy Muchmore, Adult Services
Manager, Carnegie-Stout Public Library
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. Motion carried 7-0.
1 . Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission 2/25,
3/10; Historic Preservation Commission of 3/19; Library Board of Trustees of 1/22, 2/17;
Sister City Relationship Advisory Commission of 3/18; Proof of Publication City Council
proceedings of 2/15, 3/2, 3/3, 3/5. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Shanita Alexander for vehicle damage; Kristine
Blakeman for vehicle damage; Carol Boge for property damage; Linda Chong for
property damage; Jennifer Feist for personal injury; Will Gross for property damage;
Robert Hall for property damage; Laura Merritt for property damage; James Meyer for
property damage; Thomas Miller for personal injury; Mark Sarazin for property damage;
Elizabeth Smith for property damage; Trigger Happy Tattoo for revenue loss; Joyce and
Albert Wiendenbacher 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 Iowa, the agent for the Iowa Communities
Assurance Pool: Shanita Alexander for vehicle damage; Kristine Blakeman for vehicle
damage; Carol Boge for property damage; Linda Chong for property damage; Jennifer
Feist for personal injury; Will Gross for property damage; Robert Hall for property
damage; Laura Merritt for property damage; James Meyer for property damage;
Thomas Miller for personal injury; Mark Sarazin for property damage; Joyce and Albert
Wiendenbacher for property damage. Upon motion the documents were received, filed
and concurred.
4. AmeriCorps VISTA Project Application: City Manager recommending approval of
the AmeriCorps VISTA grant application to the Corporation for National and Community
Service for four VISTA positions focused on the Third Grade Reading Initiative. Upon
motion the documents were received, filed and approved.
5. Dubuque Marina Assignment of Lease: City Manager recommending approval of the
Assignment of Lease with the understanding that the Assignment of Lease should not
be considered by Pier Pressure Marine IA, Inc. as any indication of whether the City will
or will not agree to an extension of the Lease. Upon motion the documents were
received, filed and approved.
6. North Cascade Road Developers Agreement: City Manager recommending
approval of the North Cascade Road Developers Agreement. Upon motion the
documents were received, filed and approved.
7. US Department of Housing and Urban Development (HUD) Resiliency Grant
Application - Phase I: City Manager recommending approval for the submission of a
Phase I application to the US Department of Housing and Urban Development National
Disaster Resilience Competition. Upon motion the documents were received, filed and
approved.
8. Community Working/Investing in Neighborhood Stabilization (WINS) Grant
Program: City Manager recommending approval of the submittal of The Wells
Fargo/U.S. Conference of Mayors Community WINS (Working/Investing in
Neighborhood Stabilization) Grant Program joint application in partnership with the
Community Foundation of Greater Dubuque and Northeast Iowa Community College.
Upon motion the documents were received, filed and approved.
9. Art on the River - Arts and Cultural Affairs Advisory Commission Modified
Recommendation: The Arts and Cultural Affairs Advisory Commission is recommending
that the City Council concur with the updated 2015 Art on the River jury selections and
recommendations for outdoor sculpture at the Port of Dubuque. Upon motion the
documents were received, filed and approved.
10. Community Development Block Grant FY15 Annual Action Plan-Amendment 2: City
Manager recommending approval of the Community Development Block Grant Fiscal
Year 2015 Annual Action Plan- Amendment 2. Upon motion the documents were
received and filed and Resolution No. 95-15 Approving Fiscal Year 2015 (Program Year
2014) Annual Action Plan Amendment 2 for Community Development Block Grant
(CDBG) Funds was adopted.
11 . PetData Contract Renewal: City Manager recommending approval of a renewal
agreement with PetData, Inc. for the pet licensing service that processes the sale of all
dog and cat licenses in the City of Dubuque. Upon motion the documents were
received, filed and approved.
12. Concession Agreement - Flora and Sutton Swimming Pool: City Manager
recommending acceptance of the latest bid from Paul Connors to operate the pool
concessions. Upon motion the documents were received, filed and approved.
13. Iowa Department of Transportation Grant Agreement for County/City Trailhead -
Corrected Version: City Manager recommending approval of the corrected version of
the Iowa Department of Transportation grant agreement for the County/City Heritage
Trail Parking Lot along S. John Deere Road. Upon motion the documents were
received, filed and approved.
14. Multicultural Family Center Agreement: City Manager recommending approval of
the First Amendment to the Agreement between the City of Dubuque and the
Multicultural Family Center. Upon motion the documents were received, filed and
approved.
15. Water & Resource Recovery Center (W&RRC) Cogeneration Facilities Project
Acceptance: City Manager recommending acceptance of the construction contract for
the Water and Resource Recovery Center Cogeneration Facilities Project, as completed
by Total Mechanical Services, Inc. Upon motion the documents were received and filed
and Resolution No. 96-15 Accepting the Water and Resource Recovery Cogeneration
Facilities Project and Authorizing the Payment of the Contract Amount to the Contractor
was adopted.
16. Acceptance of Temporary Easement for Grading and Construction and a Permanent
Easement for Sanitary Sewer from Davis Place LLC.: City Manager recommending
acceptance of a temporary easement for grading and construction and a permanent
easement for sanitary sewer from The Davis Place LLC. Upon motion the documents
were received and filed and Resolution No. 97-15 Accepting a Grant of Temporary
Easement for Grading and Construction and Permanent Easement for Sanitary Sewer
Through, Over and Across Part of Lot 3 in Davis Place II, in the City of Dubuque, Iowa
was adopted.
17. Final Plat for Derby Grange Acres: City Manager recommending approval of the
Final Plat of Derby Grange Acres subject to allowing 22-foot paving width for Country
View Drive and Country View Court, a 25-foot lot frontage for Lot 6, and waiving
Sections 11-20 Water Supply, 11- 21 Sanitary Sewer, 11-23 Obligation to Install
Improvements, and 11-24 Improvement Guarantees. Upon motion the documents were
received and filed and Resolution No. 98-15 Approving the Final Plat of Derby Grange
Acres in Dubuque County, Iowa was adopted.
18. Utility Easements - Furuseth Property: City Manager recommending approval of the
purchase of an Easement Agreement from Patricia Furuseth for the construction of the
utility extension to the Dubuque Regional Airport and approval of resolutions authorizing
the City Manager to take such further action as is required to complete the purchase of
the Easements. Upon motion the documents were received and filed and Resolution
No. 99-15 Approving the Acquisition of Easements Upon Real Estate Owned by Patricia
F. Furuseth In Dubuque County, Iowa and Resolution No. 100-15 Accepting Grant of
Easements Upon Real Estate Owned by Patricia F. Furuseth in Dubuque County, Iowa
were adopted.
19. Utility Easements - O'Rourke Property: City Manager recommending approval of the
purchase of an Easement Agreement from Paul O'Rourke for the construction of the
Utility Extension to the Dubuque Regional Airport and approval of a resolution
authorizing the City Manager to take such further action as is required to complete the
purchase of the Easements. Upon motion the documents were received and filed and
Resolution No. 101-15 Approving the Acquisition of Easements Upon Real Estate
Owned by O'Rourke Farms LLC in Dubuque County, Iowa and Resolution No. 102-15
Accepting Grant of Easements Upon Real Estate Owned By O'Rourke Farms LLC In
Dubuque County, Iowa were adopted.
20. Utility Easements - Speigel Property: City Manager recommending approval of a
Grant of Easement for the Royal Oaks Development Corporation Property and
authorization for the City Manager to execute the Grant of Easement for the proposed
construction of the Utility Extension to the Dubuque Regional Airport. Upon motion the
documents were received and filed and Resolution No. 103-15 Accepting Grant of
Easement Upon Real Estate Owned by Royal Oaks Development Corporation in
Dubuque County, Iowa was adopted.
21 . Utility Easements - Tracy Property: City Manager recommending approval of the
purchase of an Easement Agreement from William D. Tracy, William C. Tracy and Kay
J. Tracy for the construction of the Utility Extension to the Dubuque Regional Airport
and approval of a resolution authorizing the City Manager to take such further action as
is required to complete the purchase of the Easements. Upon motion the documents
were received and filed and Resolution No. 104-15 Approving the Acquisition of
Easements Upon Real Estate Owned by William D. Tracy, William C. Tracy, Kay J.
Tracy In Dubuque County, Iowa and Resolution No. 105-15 Accepting Grant of
Easements Upon Real Estate Owned by William D. Tracy, William C. Tracy, Kay J.
Tracy In Dubuque County, Iowa were adopted.
22. Mediacom Communications Company: Correspondence from Lee Grassley,
Senior Manager of Government Relations for Mediacom Communications Company
informing the City of programming adjustments being implemented on or about April 15,
2015. Upon motion the documents were received and filed.
23. EPA Brownfields Area-Wide Planning Program Grant: City Manager
recommending approval and acceptance of the Environmental Protection Agency
Brownfields Area-Wide Planning Program Grant. Upon motion the documents were
received, filed and approved.
24. Signed Contracts: Bee Branch Creek Railroad Crossing, Amendment to Service
Agreement with Canadian Pacific; Full Circle Organics, LLC Renewal of Agreement.
Upon motion the documents were received and filed.
25. Letter of Commitment - Greater Dubuque Agriculture and Construction Machinery
Manufacturing Community Application: Submittal of this Letter of Commitment to the
Greater Dubuque Agriculture and Construction Machinery Manufacturing Community
application under consideration from Northeast Iowa Community College and our tri-
state area partners for a regional Investing in Manufacturing Communities Partnership
designation. Upon motion the documents were received, filed and approved.
26. Airport Utility Extension Project - Accepting Deed to Lot 1 of Silver Oaks: City
Attorney Barry Lindahl recommending adoption of the resolution. Upon motion the
documents were received and filed and Resolution No. 106-15 Accepting the Deed to
Lot 1 of Silver Oaks in Section 23, Table Mound Township, Dubuque County, Iowa,
According to the Recorded Plat Thereof from Royal Oaks Development Corporation
was adopted.
27. Alcohol Compliance Civil Penalty for Alcohol License Holder - Sam's Club: City
Manager recommending approval of the Acknowledgment/Settlement Agreement for an
alcohol compliance violation for Sam's Club #4973, 4400 Asbury Road. Upon motion
the documents were received, filed and approved.
28. Tobacco Compliance Civil Penalty for Tobacco License Holder - Dave's Conoco:
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a tobacco compliance violation for Dave's Conoco, 500 Locust St. Upon motion the
documents were received, filed and approved.
29. Tobacco Compliance Civil Penalty for Tobacco License Holder - Family Dollar:
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a tobacco compliance violation for Family Dollar #1599, 2013 Central Avenue #4.
Upon motion the documents were received, filed and approved.
30. Alcohol License Applications: City Manager recommending approval of annual
liquor, beer, and wine licenses as submitted. Upon motion the documents were received
and filed and Resolution No. 107-15 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 Lynch 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 Connors. Motion carried 7-0.
1 . Upper Bee Branch Creek Channel, Streets and Utilities Project: City Manager
recommending authorizing the public bidding process and establish a public hearing for
April 20, 2015 for the Upper Bee Branch Creek — Channel, Street and Utilities Project.
Upon motion the documents were received and filed and Resolution No. 108-15 Upper
Bee Branch Creek — Channel, Streets, & Utilities Project 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 6:30 p.m. on April 20, 2015 in the Historic Federal Building.
2. Upper Bee Branch Creek Structures Project: City Manager recommending
authorizing the public bidding process and establish a public hearing for April 20, 2015
for the Upper Bee Branch Creek — Structures Project. Upon motion the documents were
received and filed and Resolution No. 109-15 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 6:30 p.m. on April 20, 2014 in the Historic Federal Building.
3. North Cascade Road Housing - Urban Renewal Plan Amendment: City Manager
recommending City Council adopt the Resolution of Necessity to begin the process of
creating the Urban Renewal Plan for the North Cascade Road Housing Urban Renewal
Area and set a public hearing for May 4, 2015 on adoption of the Amended Plan for the
North Cascade Road Housing Urban Renewal Area. Upon motion the documents were
received and filed and Resolution No. 110-15 Of Necessity Finding That Certain
Property Along North Cascade Road is an Economic Development Area and that the
Development of Said Area is Necessary in the Interest of the Residents of the City of
Dubuque, Iowa, and Setting a Date for Hearing on a Proposed Amendment to Urban
Renewal Plan for Said District was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on May 4, 2015 in the Historic Federal Building.
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their appointment to the
following Boards/Commissions:
1 . Electrical Code Board: One, 3 Year term through May 21 , 2017 (Vacant term of
Pfohl), Applicant: Zach Dowell, 2055 Winne Ct. (Qualifies as Journeyman/Maintenance)
Appointments to the following Boards or Commissions:
1 . Environmental Stewardship Advisory Commission: One, 3 Year term through October
1 , 2017 (Vacant term of Splittstoeser) Applicant: Jalee Lynn Frommelt, 2540 Anamosa
Dr. Motion by Braig to appoint Jalee Lynn Frommelt, to a 3-year term through October
1 , 2017. Seconded by Connors. Motion carried 7-0.
2. Housing Code Appeals Board: One, 3 Year term through January 11 , 2016 (Vacant
term of Kinsella) Applicant: Ronald White, 3197 Highland Park Dr. Motion by Jones to
appoint Ronald White to a 3-year term through January 11 , 2016. Seconded by Lynch.
Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the City
Council and the following items.
1 . SRF Green Alley Project - Bid Set 7 Year 1 : Proof of publication on notice of public
hearing to consider approval of plans, specifications, form of contract, and estimated
cost of the SRF Green Alley Project Bid Set 7 - Year 1 and the City Manager
recommending approval. Motion by Connors to receive and file the documents and
adopt Resolution No. 111-15 Approval of Plans, Specifications, Form of Contract, and
Estimated Cost for the SRF Green Alley Bid Set 7 — Year 1 Project and Resolution No.
112-15 With Respect to the Adoption of the Resolution of Necessity Proposed for the
SRF Green Alley Bid Set 7 — Year 1 Project and Resolution No. 113-15 Approving
Schedule of Assessments and Estimate of Total Cost for the SRF Green Alley Bid Set 7
— Year 1 Project. Seconded by Jones. Motion carried 7-0.
2. 253 Main St. - Development Agreement: Proof of publication on notice of public
hearing for the approval of the Development Agreement with Ken Oberbroeckling to
redevelop property at 253 Main Street into four market rate apartments and the City
Manager recommending approval. Motion by Lynch to receive and file the documents
and adopt Resolution No. 114-15 Approving a Development Agreement Between the
City of Dubuque, Iowa and Ken Oberbroeckling and the Issuance of Urban Renewal
Tax Increment Revenue Obligations. Seconded by Connors. Motion carried 7-0.
3. 1576 Locust St. - Development Agreement: Proof of Publication on notice of public
hearing to approve the Development Agreement with Chris and Gary Stelpflug for
redevelopment of property located at 1576 Locust Street into three apartments and the
City Manager recommending approval. Motion by Lynch to receive and file the
documents and adopt Resolution No. 115-15 Approving a Development Agreement
Between the City of Dubuque, Iowa and Weaver Castle, LLC. Seconded by Resnick.
Motion carried 7-0.
4. Fiscal Year 2015 Second Budget Amendment: City Manager recommending
approval of the second Fiscal Year 2015 Budget Amendment. Motion by Jones to
receive and file the documents and adopt Resolution No. 116-15 Amending the Current
Budget for the Fiscal Year Ending June 3 2015 (as amended last on 09/15/2014). Jacob
Long, 4604 Cardinal Dr., addressed the council stating his concerns regarding the cities
credit rating, increased fees and upcoming debt. Seconded by Braig. Motion carried 7-0.
5. Vacate Access, Utility and Storm Water Drainage Easement Lot C Reche's
Subdivision - University of Dubuque Physician's Assistant Building Addition: Proof of
publication on notice of public hearing to vacate the easement of Lot C Reche's
Subdivision, and transfer of ownership and maintenance responsibilities for the public
sanitary sewer at no cost to the University of Dubuque in exchange for the transfer of
ownership and maintenance of the sanitary sewer main to the University of Dubuque.
Motion by Connors to receive and file the documents and adopt Resolution No. 117-15
Disposing of City Interest in an Access, Utility, and Storm Water Drainage Easement
Over and Across Lot C of Reche's Subdivision in the City of Dubuque, Dubuque
County, Iowa. Seconded by Braig. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1 . Eagle Point Energy Power Purchase Agreement Reinstatement: City Manager
recommending approval of reinstating the August 1 , 2011 Agreement with Eagle Point
Energy- 1 , LLC effective May 1 , 2015. Motion by Lynch to receive and file the
documents and adopt Resolution No. 118-15 Reinstating the August 1 , 2011 Agreement
for Solar License and Power Purchase between the City of Dubuque, Iowa and Eagle
Point Energy- 1 , LLC. Seconded by Jones. Motion carried 7-0.
2. Property Acquisition - Doris A. Graf Farm: City Manager recommending approval
of an Offer to Buy Real Estate and Acceptance to purchase the 166.3 acre Graf Farm.
Motion by Lynch to receive and file the documents and adopt Resolution No. 119-15
Approving the Acquisition of Real Estate owned by Doris A. Graf in Dubuque County,
Iowa. Seconded by Connors. Motion carried 7-0.
3. Premier Bank Intercreditor Agreement: City Manager recommending approval of
an Intercreditor Agreement with Premier Bank for the German Bank Building, 342 Main
Street. Motion by Connors to receive and file the documents and adopt Resolution No.
120-15 Approving an Intercreditor Agreement Between the City of Dubuque, Iowa and
Premier Bank. Seconded by Jones. Motion carried 7-0.
4. Funding to Increase Library Hours: City Manager recommending approval of an
allocation in the Fiscal year 2016 budget, subject to a future budget amendment. Motion
by Connors to receive and file the documents and approve the recommendation.
Seconded by Jones. Motion carried 7-0.
5. Examining Board Member Appointment: Correspondence from Rick Engelken, City
Assessor requesting appointment of a City Council member to the Examining Board
pursuant to Iowa Code 441 .3 and documentation of such appointment. Motion by
Connors to receive and file the documents and appoint Council member Lynch to the
Examining Board. Seconded by Lynch. Motion carried 7-0.
6. Request for Work Session - Parks to People: City Manager recommending City
Council schedule a work session on May 18, 2015 at 5:15 pm for Parks to People.
Motion by Jones to set the work session as recommended. Seconded by Braig. Motion
carried 7-0.
COUNCIL MEMBER REPORTS
Council member Braig acknowledged and thanked Boy Scout Troop 69 for attending
the City Council meeting.
Council member Lynch requested staff devote time to investigating and improving
options to prevent possible child abductions.
Council member Jones congratulated Ben Jacobson from the Telegraph Harold on
his recent promotion
PUBLIC INPUT
Allen Troupe 2003 Key Way Apt. 2, thanked the council for their decision to rezone
the property at 2750 Balboa Drive for Mary's Inn.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:45 p.m. to discuss property
acquisition pursuant to Chapter 21 .5(1)(j) of the Code of Iowa. Seconded by Resnick.
Motion carried 7-0.
Upon motion the City Council reconvened in open session at 8:12 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:13 p.m.
/s/Trish L. Gleason, Assistant City Clerk
1 t 4/15