Minutes_City Council Proceedings 1 3 17 CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on January 3, 2017 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick, Rios;
City Manager Van Milligen, City Attorney Brumwell
Mayor Buol read the call and stated this is a regular session of the City Council called for
the purpose of conducting such business that may properly come before the City Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION
Radon Action Month (January 2017) was accepted by Robb Beltran and Bret Patterson of
Patterson Comfort & Safety and Public Health Specialist Mary Rose Corrigan
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of
as indicated. Seconded by Resnick. Motion carried 7-0.
1 . Minutes and Reports Submitted: City Council Proceedings of 12/19; Civil Service
Commission of 12/15; Human Rights Commission of 11/14; Library Board of Trustees of
9/22, 10/27, 11/17; Proof of Publication for List of Claims and Summary of Revenues for
Month Ending 11/30. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Tom Giese for property damage; Yamako Kobaia for vehicle
damage; Bryon Lehnen for vehicle damage; Roling Sanitation, LLC 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: Yamako Kobaia for vehicle damage; Bryon Lehnen for vehicle damage;
Roling Sanitation, LLC for vehicle damage. Upon motion the documents were received, filed
and concurred.
4. Imagine Dubuque Flyer: City Manager transmitting the Imagine Dubuque public
information flyer. Upon motion the documents were received and filed.
5. City of Dubuque Department Contact Sheet: City Manager transmitting the City of
Dubuque public information contact sheet for City Council and City department managers.
Upon motion the documents were received and filed.
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6. QHQ Settlement Agreement: City Attorney recommending approval of a Settlement
Agreement and Amendment to a Stormwater Facilities Fee Agreement between QHQ
Properties, LLC and the City of Dubuque. Upon motion the documents were received, filed
and approved.
7. Joint Vehicle Fuel Sales Agreement with Dubuque County: City Manager recommending
approval of an agreement with Dubuque County for the sale of vehicle fuel for Dubuque
County Sheriff vehicles. Upon motion the documents were received and filed and Resolution
No. 1-17 Authorizing a Purchase Agreement between the City of Dubuque and Dubuque
County to allow Dubuque County to purchase vehicle fuel from the City of Dubuque Municipal
Services Center's Vehicle Refueling Facility was adopted.
8. Amendment to Real Estate Contract - 2283 White Street: City Manager recommending
approval to amend a real estate contract with Shawn C. and Christina M. Hanen for 2283
White Street to allow the City to perform the survey and re-platting to consolidate the two
parcels into a single parcel. Upon motion the documents were received and filed and
Resolution No. 2-17 Intent to amend the original contract for 2283 White Street to allow the
City to perform the survey and re-platting to consolidate the two parcels into a single parcel
was adopted.
9. Acceptance of 2016 Delmonaco Drive Drain Tile Project: City Manager recommending
acceptance of the public improvement construction contract for the 2016 Delmonaco Drive
Drain Tile Project, as completed by Key City Excavating, Inc. Upon motion the documents
were received and filed and Resolution No. 3-17 Accepting the 2016 Delmonaco Drive Drain
Tile Project and authorizing the payment to the contractor was adopted.
10. Central Iowa Water Association (CIWA) - Barrington Lakes Agreement: Assistant City
Attorney Maureen Quann providing information on the Barrington Lakes water distribution
system and service related to the CIWA Settlement Agreement. Upon motion the documents
were received and filed.
11 . Acquisition Plat and Dedication - Kerper Blvd. Right-of-Way Sanitary Sewer Repair
Project: City Manager recommending approval of the Acquisition Plat of Lot 1 B of Block 19 in
River Front Subdivision No. 3, in the City of Dubuque, Iowa and acceptance of the dedication
of said lot for right-of-way purposes. Upon motion the documents were received and filed and
Resolution No. 4-17 Approving the Acquisition Plat of Lot 1 B of Block 19, River Front
Subdivision No. 3, in the City of Dubuque, Iowa was adopted.
12. Approval of Plat of Survey for Vacating a Portion of Kerper Blvd. Right-of-Way: City
Manager recommending approval of the Plat of Survey of Lot 1 C of Block 19 of River Front
Subdivision No. 3, (Kerper Blvd. at Fengler St.) in the City of Dubuque in conjunction with a
Vacating Petition with Giese Company, LLC. Upon motion the documents were received and
filed and Resolution No. 5-17 Approving plat of proposed vacated right-of-way of a portion of
Kerper Boulevard adjacent to Lot 1 of Block 19 of River Front Subdivision No. 3, in the City of
Dubuque, Iowa was adopted.
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13. Stipulation of Settlement Property Tax Appeal: Senior Counsel recommending
approval of the Stipulation of Settlement for a property tax appeal filed by Lowe's Home
Centers, Inc., for property located at 4100 Dodge Street. Upon motion the documents were
received, filed and approved.
14. National Disaster Resilience Grant - General Administrative Services Contract: City
Manager recommending award of a contract to East Central Intergovernmental Association
for General Administration services to operate the Bee Branch Healthy Homes Resiliency
Program. Upon motion the documents were received and filed and Resolution No. 6-17
Approving the Contract for 2016 CDBG National Disaster Resiliency Housing Grant
Administration to East Central Intergovernmental Association was adopted.
15. National Disaster Resilience Grant - Flood Damage Repair Management Contract: City
Manager recommending award of a contract to East Central Intergovernmental Association
for Healthy Homes Flood Damage Repair Management services to operate the Bee Branch
Healthy Homes Resiliency Program. Upon motion the documents were received and filed and
Resolution No. 7-17 Approving the Contract for 2016 CDBG National Disaster Resiliency
Housing Grant Administration to East Central Intergovernmental Association was adopted.
16. National Disaster Resilience Grant - Home Advocate Contract: City Manager
recommending award of a contract to the Visiting Nurse Association to provide Home
Advocacy services to operate the Bee Branch Healthy Homes Resiliency Program. Upon
motion the documents were received and filed and Resolution No. 8-17 Approving the
contract for 2016 CDBG National Disaster Resiliency Housing Grant Administration to Visiting
Nurse Association was adopted.
17. Applewood IV, LLC - Storm Sewer Construction Agreement: City Manager
recommending approval of an agreement whereby Applewood IV, LLC would construct a
public storm sewer extension from the intersection of JFK Road and Pennsylvania Avenue to
the property at 3275 Pennsylvania. Upon motion the documents were received and filed and
Resolution No. 9-17 Approving a Storm Sewer Construction Agreement between the City of
Dubuque, Iowa and Applewood IV, LLC was adopted.
18. DMATS STP Grant Funding Application - Capacity and Intersection Improvements for
the East-West Corridor Improvements: City Manager recommending authorization for the City
of Dubuque to officially submit an application for a Dubuque Metropolitan Area Transportation
Study Surface Transportation Program Grant in Fiscal Year 2021 to assist with funding
property acquisition and the construction of three roundabout intersections at University-
Loras, University-Asbury, and University-Pennsylvania as part of the East-West Corridor
Improvements. Upon motion the documents were received and filed and Resolution No. 10-
17 Authorizing the filing of a Transportation Improvement Program Grant Application with the
Dubuque Metropolitan Area Transportation Study (DMATS) Surface Transportation Program
(STP) to assist with the funding of intersection improvements for University Avenue "Overlap
Section" between Pennsylvania and Loras Boulevard as part of the East-West Corridor
Improvements was adopted.
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19. EPA Brownfields Assessment Grant Application for 2017: City Manager recommending
approval of an application to the Environmental Protection Agency (EPA) for a Brownfields
Assessment Grant for proposed environmental assessments in the Washington
Neighborhood and North End areas. Upon motion the documents were received, filed and
approved.
20. Fiscal Year 2018 Annual County TIF Report: City Manager providing the Annual Tax
Increment Financing Report that has been filed with Dubuque County Auditor Denise Dolan.
Upon motion the documents were received and filed.
21 . Improvement Contracts / Performance, Payment and Maintenance Bonds: Tricon
Construction Group for the Jule Operations and Training Center Suggested Disposition: Upon
motion the documents were received, filed and approved.
22. Alcohol Compliance Civil Penalty for Alcohol License Holders — Grand Harbor Resort
and Water Park: City Manager recommending approval of the Acknowledgement/Settlement
Agreement for an alcohol compliance violation for Grand Harbor Resort and Water Park, 350
Bell Street. Upon motion the documents were received, filed and approved.
23. Alcohol Compliance Civil Penalty for Alcohol License Holder — Kwik Stop #848: City
Manager recommending approval of the Acknowledgment/Settlement Agreement for an
alcohol compliance violation for Kwik Stop #848, 3201 Central Avenue. Upon motion the
documents were received, filed and approved.
24. Tobacco Compliance — Civil Penalty for Tobacco License Holder — Kwik Stop #848:
City Manager recommending approval of the Acknowledgement/Settlement Agreement for a
tobacco compliance violation for Kwik Stop #848, 3201 Central Avenue. Upon motion the
documents were received, filed and approved.
25. Tobacco and Alcohol License Applications: City Manager recommending approval of
annual liquor, beer, wine and tobacco license applications as submitted. Upon motion the
documents were received and filed and Resolution No. 11-17 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 and Resolution No. 12-17 Approving applications for retail
cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code 453A.47A were
adopted.
ITEMS SET FOR PUBLIC HEARING
1 . Vacate Petition for a Portion of Kerper Blvd. Right-of-Way: City Manager recommending
setting a public hearing for January 17, 2017, to approve the vacation of a portion of Kerper
Boulevard right-of-way north of the intersection of Fengler Street and Kerper Boulevard
adjacent to Lot 1 of Block 19 of River Front Subdivision No. 3. Upon motion the documents
were received and filed and Resolution No. 13-17 Intent to vacate and dispose of City
Interest in a portion of the right-of-way of Kerper Boulevard adjacent to Lot 1 of Block 19 Of
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River Front Subdivision No. 3, to be known as Lot 1 C of Block 19 of River Front Subdivision
No. 3, in the City of Dubuque, Iowa by sale to Giese Company LLP was adopted setting a
public hearing for a meeting to commence at 6:00 p.m. on January 17, 2017 in the Historic
Federal Building.
2. Sale of 1069 Vernon Street: City Manager recommending that a public hearing be set
for January 17, 2017, to approve the sale of 1069 Vernon Street to Craig Norton. Upon
motion the documents were received and filed and Resolution No. 14-17 Intent to dispose of
an interest in City of Dubuque real estate, setting a time and place for hearing and providing
for the publication of notice thereof was adopted setting a public hearing for a meeting to
commence at 6:00 p.m. on January 17, 2017 in the Historic Federal Building.
BOARDS/COMMISSIONS
Appointments were made to the following boards/commissions:
1 . Housing Code Appeals Board — Appointment: One, 3-year term through January 11 ,
2020 (Expiring term of Young) Applicant: David Young, 420 Burch St. Motion by Connors to
receive and file the documents and appoint David Young to a 3-year term through January
11 , 2020. Seconded by Lynch. Motion carried 7-0.
2. Human Rights Commission — Appointment: One, 3-year term through January 1 , 2020
(Expiring term of Schiesl) Applicants: Ashley Melchert, 1257 1/2 Jackson St. (Additional
Applicant) and Jay Schiesl, 195 W. 17th St. Upon roll call vote, Jay Schiesl was appointed to
a 3-year term through January 1 , 2020. (Melchert = Resnick; Schiesl = Connors, Del Toro,
Rios, Lynch, Jones and Buol)
PUBLIC INPUT
Public comments were received by Chris Olson, 1090 Grove Terrace who spoke for her
Mother-in-law who was unable to be present regarding the lack of low income housing.
Lindsey Darrouzet 2765 Pleasant View Drive spoke in favor of a Source of Income (SOI)
ordinance.
ACTION ITEMS
1 . Grant Wood Mississippi River Region Parks 2 People Initiative: The Grant Wood
Mississippi River Region representatives presented information on the Grant Wood
Mississippi River Region Parks to People initiative, Mississippi Circuit projects and progress
to date. Motion by Connors to receive and file the documents and listen to the presentation.
Seconded by Lynch. Motion carried 7-0.
Leisure Services Manager Marie Ware and Assistant Director of Jackson County
Economic Alliance Nick Hockenberry provided a verbal presentation that recapped the
process and resources used to develop the Parks 2 People Initiative.
2. Grand River Center Annual Report: Grand River Center Manager Mitzi Yordy presented
the Grand River Center's Annual Report for 2016. Motion by Jones to receive and file the
documents and listen to the presentation. Grand River Center Manager Mitzi Yordy provided
a verbal presentation. Topics included the Center's purpose; 2016 guest count and local
spending figures; promotional strategy and awards; annual groups comparison; actual and
2017 forecasted market segment and partnerships.
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3. Eagle Point Solar - 5, LLC - Contract for Fire Station Rooftop Solar: City Manager
recommending approval of a Power Purchase Agreement and a Collateral Assignment
Agreement with Eagle Point Solar for the installation of rooftop solar arrays on Fire
Headquarters and Stations 2 through 5. Motion by Lynch to receive and file the documents
and adopt Resolution No. 15-17 Approving a Solar Power Purchase Agreement and a
Collateral Assignment Agreement between the City of Dubuque, Iowa and Eagle Point Solar
Energy - 5, LLC an Iowa Limited Liability Company. Seconded by Resnick. Sustainability
Coordinator Cori Burbach and CEO of Eagle Point Solar Berry Shear provided a presentation
on the upcoming Fire Station Rooftop Solar project. Motion carried 7-0.
4. Code of Ordinances Amendment - Title 2 Resilient Community Advisory Commission:
City Manager recommending approval of an amendment to the Code of Ordinances related
to the Resilient Community Advisory Commission to provide for the staggering of member
terms for the initial appointments and future recruitment.
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 Connors. Motion carried
7-0.
Motion by Jones to consider the first reading of the proposed Ordinance No. 1-17
Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions, Chapter 6
Resilient Community Advisory Commission, Section 2-6-7 Terms by setting the initial terms
and terms for the members of the Commission. Seconded by Connors. Motion carried 7-0.
5. Resilient Community Advisory Commission Appointments: Appointments for
membership on the Resilient Community Advisory Commission concurrent with ordinance
establishing terms for cross-representatives and the initial terms for at-large members.
Cross-representative Applicants: Dean Boles, 1715 Geraldine Dr.; Steven Drahozal, 683
W. 11th St.; Nicholas Huff, 3075 Olde Country Ct.; Robin Kennicker, 2929 Elm St.; Carrie
Lohmann, 1879 Denver Dr.; Kate Parks, 486 Clarke Dr.; Laura Roussell, 3224 Bittersweet;
Rich Russell, 2045 Embassy West Dr.
Upon roll call vote, Steven Drahozal (4), Robin Kennicker (4), and Laura Roussell (4) were
appointed as Cross Representatives until the expiration of their terms on the cross
represented board or commission; Dean Boles = Rios, Lynch; Steven Drahozal = Rios,
Resnick, Jones, Buol; Nicholas Huff = Connors; Robin Kennicker = Del Toro, Resnick, Jones,
Buol; Carrie Lohmann = Connors, Del Toro; Kate Park s= Rios, Lynch; Laura Roussell =
Connors, Resnick, Lynch, Jones, Buol; Rich Russell = Del Toro
At-Large Applicants: Sara Booth, 2015 Chaney Rd.; Benjamin Darr, 419 Winona St.; Dean
Boles, 1715 Geraldine Dr.; Stephanie Grutz, 6176 Centura Ct.; Nicholas Huff, 3075 Olde
Country Ct.; Carrie Lohmann, 1879 Denver Dr.; Jared McGovern, 755 Chestnut St.; Mike
Muench, 2805 Jackson St.; Kate Parks, 486 Clarke Dr.; Sergio Perez, 1325 Cox St.; Rich
Russell, 2045 Embassy West Dr.; Paul Schultz, 1008 Victoria St.; Leah Specht, 3248
Bittersweet Ln.
Roll call votes were taken to narrow the pool of applicants to six: Dean Boles (5), Sara
Booth (4), Benjamin Darr (5), Stephanie Grutz (6), Carrie Lohmann (4) and Leah Specht (5).
Motion by Lynch to appoint Sara Booth and Benjamin Darr each to a 3-year term through July
1 , 2018; Carrie Lohmann and Leah Specht each to a 3-year term through July 1 , 2019; Dean
Boles and Stephanie Grutz each to a 3-year term through July 1 , 2020. Seconded by Lynch.
Motion carried 7-0.
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6. DMATS STP Grant Funding Application - University Avenue and Grandview Avenue
Intersection Improvements: City Manager recommending authorization to officially submit an
application for a Dubuque Metropolitan Area Transportation Study (DMATS) Surface
Transportation Program (STP) Grant in Fiscal Year 2018 to assist with the construction costs
for the construction of a single-lane roundabout at the intersection of University Avenue and
Grandview Avenue. Motion by Connors to receive and file the documents and adopt
Resolution No. 16-17 Authorizing the filing of a Transportation Improvement Program Grant
Application with the Dubuque Metropolitan Area Transportation Study (DMATS) Surface
Transportation Block Grant (STBG) to assist with the funding of intersection improvements for
University Avenue and Grandview Avenue as part of the East-West Corridor Improvements.
Seconded by Jones. Motion carried 7-0.
7. Fiscal Year 2018 Budget and Fiscal Policy Guidelines: City Manager recommending
adoption of the Fiscal Year 2018 Budget Policy Guidelines. Motion by Connors to receive and
file the documents and approve the recommendation. Seconded by Lynch. Motion carried 7-0
8. Mayor and City Council Appointments to Various Boards and Commissions: Review of
Mayor and City Council appointments to various boards and commissions for 2017 and
Correspondence from Operation: New View Community Action Agency requesting the City
Council's 2017 representatives (currently Council Member Rios and Resnick). Motion by
Connors to receive and file and approve the appointments as follows: Del Toro will replace
Connors on the Greater Dubuque Development Corporation (LDDC) Board, Del Toro will
replace Rios on the Operation: New View Community Action Agency and Lynch will replace
Rios on the Dubuque County Early Childhood Board. All other appointments will stand.
Seconded by Jones. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Mayor Buol wished everyone a Happy New Year. Council Member Jones invited everyone to
attend the opening ceremony for the Special Olympic Winter Games Monday, January gth at
6:00 p.m. behind the Grand River Center, 500 Bell Street.
There being no further business, upon motion the City Council adjourned at 7:44 p.m.
/s/Trish L. Gleason, CMC, Assistant City Clerk
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