3 20 17 Clerk's Skeleton Notes and Meeting CallCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on March 20, 2017 in
the Historic Federal Building, 350 VV. 6th Street.
Present: Mayor : •l; Council Members Co'nors, Del lroro, Jo'es, Lyich, Resnick,
os; City Manager tii Milligen, City Attorne 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(S)
1. Irish -American Heritage Month (March 2017) was accepted b
2. Junior Achievement Day (April 6, 2017) was accepted by
1
Del Toro
Lynch
Jones
Connors
Resnick
Buol
Rios
Nays
CONSENT ITEMS
p2C
1. Minutes and Reports Submitted
Building Code Appeals Board of 12/20/16; Cable TV Commission of 3/1; City Council
Proceedings of 3/6, 3/7; Community Development Advisory Commission for 2/21;
Human Rights Commission of 2/13;Library Board of Trustees Council Update #158 of
2/23; Parks and Recreation Advisory Commission for 2/14; Resilient Community
Advisory Commission of 3/2; Sister Cities Relationships Advisory Commission of 1/18;
Zoning Advisory Commission for 3/1; Zoning Board of Adjustment for 2/23; Proofs of
Publication for City Council Proceedings of 2/13, 2/16, 2/20, 2/22, 2/23 and 2/27
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Kaitlyn Birch for vehicle damage and personal injury; Scott Printing for property
damage.
Suggested Disposition: Receive and File; Refer to 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: Kathaleen
Nelson for property damage; Scott Printing for property damage
Suggested Disposition: Receive and File; Concur
4. 365ink Impact Award for Sustainability
City Manager transmitting information on the 365ink Impact Award for Sustainability
given to the City of Dubuque in recognition of the Bee Branch Creek Flood Mitigation
Project and the Comprehensive Housing Activities for Neighborhood Growth &
Enrichment (CHANGE) Program.
Suggested Disposition: Receive and File
5. Anderson Sainci Named Millennial Impact Fellow
City of Dubuque News Release advising that Resource Management Coordinator and
Supervisor Anderson Sainci has been named a Millennial Impact Fellow by New Profit,
a national venture philanthropy fund.
Suggested Disposition: Receive and File
Yays
Del Toro
Lynch
Jones
Connors
Resnick
Buol
Rios
Nays
6. Leisure Services News Updates March 2017
City Manager transmitting the City of Dubuque Leisure Services News / Updates
brochure.
Suggested Disposition: Receive and File
7. Bee Branch Healthy Homes Resiliency Program
City Manager transmitting a City of Dubuque public information brochure on the Bee
Branch Healthy Homes Resiliency Program.
Suggested Disposition: Receive and File
8. Mississippi River Cities and Towns Initiative Annual Meeting Materials
City Manager transmitting material from the 5th Annual Mississippi River Cities & Towns
Initiative held February 28 - March 2, 2017 in Washington, DC.
Suggested Disposition: Receive and File
9. Stipulation of Settlement for Property Tax Appeal - HyVee Food Stores, 300 S.
Locust Street
City Attorney recommending approval of the Stipulation of Settlement for a property tax
appeal filed by HyVee Food Stores, Inc. for property located at 300 S. Locust Street.
Suggested Disposition: Receive and File; Approve
10. Stipulation of Settlement for Property Tax Appeal - HyVee Food Stores, 4800
Asbury Road
City Attorney recommending approval of the Stipulation of Settlement for a property tax
appeal filed by HyVee Food Stores, Inc. for property located at 4800 Asbury Road.
Suggested Disposition: Receive and File; Approve
11. Green Industrial Supply, Inc. - Contract Amendment
City Manager recommending approval of a resolution authorizing an amendment to a
contract with the Iowa Economic Development Authority (IEDA) for Iowa Values Funds
(IVF) Financial Assistance benefits on behalf of Green Industrial Supply, Inc.
RESOLUTION 94-17 Approving a Third Amendment to the Economic Development
Financial Assistance Contract by and among Green Industrial Supply, Inc., the City of
Dubuque, and the Iowa Economic Development Authority
Suggested Disposition: Receive and File; Adopt Resolution(s)
3
Yays Nays
Del Toro
Lynch
Jones
Connors
Resnick
Buol
Rios
12. Lead Hazard Control Grant Application 2017
City Manager recommending approval of an application to the U.S. Department of
Housing and Urban Development (HUD) for continuation of the Lead -Based Paint
Hazard Control Program throughout the City of Dubuque.
RESOLUTION 95-17 Authorizing the Mayor to Execute an application for a HUD Lead
Paint Hazard Control and Healthy Homes Program grant
Suggested Disposition: Receive and File; Adopt Resolution(s)
13. Civil Service Commission - Certified Lists
Civil Service Commission submitting the Certified Lists for the positions of Assistant
Horticulturist and Water Distribution Foreman.
Suggested Disposition: Receive and File; Make Matter of Record
14. Updates to Special Events Permit Application Booklet
City Manager recommending approval of updates to the City of Dubuque Special
Events Permit Application Booklet.
Suggested Disposition: Receive and File; Approve
15. AT&T - Sale of Communications Equipment and Transfer of Conduit
City Manager recommending approval of the execution of the Bill of Sale of
Communications Systems and the transfer of conduit to the City of Dubuque from AT&T
Corporation.
Suggested Disposition: Receive and File; Approve
16. U.S. Department of the Interior Biennial Report for the Historic Federal
Building
City Manager transmitting correspondence from the U.S. Department of the Interior
related to the City's submission of the Biennial Report for the Historic Federal Building.
Suggested Disposition: Receive and File
17. Dubuque Racing Association Improvement Projects Request
City Manager recommending approval of a request from Dubuque Racing Association
President & CEO Jesus Aviles for City Council consent to use the Depreciation and
Improvement Fund to complete two capital improvement projects.
Suggested Disposition: Receive and File; Approve
4
Yays Nays
Del Toro
Lynch
Jones
Connors
Resnick
Buol
Rios
18. Code of Ordinances - Adoption of Supplement No. 24
City Clerk recommending adoption of Supplement No. 24 to the City of Dubuque Code
of Ordinances.
RESOLUTION 96-17 Adopting Supplement No. 24 to the Code of Ordinances of the
City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
19. Tobacco Compliance — Civil Penalty for Tobacco License Holder — Fas Mart
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a tobacco compliance violation for Fas Mart, 2175 Central Avenue.
Suggested Disposition: Receive and File; Approve
20. Alcohol Compliance Civil Penalty for Alcohol License Holder — Noonan's Tap
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Noonan's Tap, 1618 Central Avenue.
Suggested Disposition: Receive and File; Approve
21. Alcohol License Applications
City Manager recommending approval of annual beer, liquor and wine licenses as
submitted.
RESOLUTION 97-17 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
Suggested Disposition: Receive and File; Adopt Resolution(s)
5
ITEMS SET FOR PUBLIC HEARING
1. Request to Release Easement - Tri-State Shred / OId Bellevue Road — April 3, 2017.
Yays
r% Del Toro
Lynch
Jones
Connors
Resnick
Buol
Rios
Nays
1. Request to Release Easement - Tri-State Shred / OId Bellevue Road
City Manager recommending approval of the request from Bruce Radtke, President of
Tri-State Shred, 2270 Twin Valley Road, to vacate a portion of the Old Bellevue Road
public right-of-way easement across Lots 1 and 2 of Gudenkauf Place and Lots 1 and 2
of Twin Valley Place, and further recommends that a public hearing be set for April 3,
2017, on the disposal of the property.
RESOLUTION 98-17 Resolution of Intent to vacate and dispose of City interest in the
OId Bellevue Road public right-of-way easement over and across Lot 1 and Lot 2 of
Gudenkauf Place and Lot 1 and Lot 2 of Twin Valley Place in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
April 3, 2017.
6
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their appointment to the
following Board/Commission.
az/
1. Human Rights Commission - Review �
One, 3 -year term through January 1, 2020 (Vacant term of Lenhart). Applicants: Jessica
Perry (Indigo Channing), 160 N. Algona St.; Kristen Ricondo, 2769 University Ave
1114(
Mfr, 5,/(14`
Appointments were made to the following Boards/Commissions.
2. Community Development Advisory Commission
One, 3 -year term through February 15, 2020 (Expiring Low- to Moderate -Income
Representative term of Burley). Applicant: Sara Burley, 2622 Broadway (Qualifies as
Low- to Moderate -Income Representative)
Yays Nays
�-! Del Toro
V Lynch
Jones
Connors
Resnick
i."" Buol
Rios
3. Housing Code Appeals Board
One, 3 -year term through January 11, 2019 (Vacant term of Miller). Applicant: Gil
Spence, 975 Grove Ter.
Yays
Del Toro
Lynch
Vi Jones
Connors
Resnick
Buol
,' Rios
Nays
4. Mechanical and Plumbing Code Board r`
One, 3 -year term through March 16, 2020 (Expiring Term of Giese). Applicant: Tom
Giese, 395 Villa St.
Yays.
Del Toro
Lynch
Jones
Connors
Resnick
Buol
Rios
Nays
5. Zoning Board of Adjustment a
One, 5 -year term through March 25, 2022 (Expiring term of Golombeski).
Applicant: Bethany Golombeski, 65 Cambridge Ct.
Yays
Del Toro
v'Lynch
Jones
iyg Connors
Resnick
s✓ �� Buol
Rios
Nays
PUBLIC HEARINGS
1. Request to Rezone - Derby Grange, LLC / 12568 John F. Kennedy Road
Proof of publication on notice of public hearing to consider a request from Derby
Grange, LLC, to rezone 50.4 acres at the Northwest Corner of Kennedy Road and
Derby Grange Road (12568 Kennedy Road) from County AG Agricultural to City R-2
Two -Family Residential concurrent with annexation to the City of Dubuque and the
Zoning Advisory C. mission recommending approval.
ORDINANCEI
Unified Devel
conjunction
District to Cit
17 Amending Title 16 of the City of Dubuque Code of Ordinances,
ent Code, by reclassifying hereinafter described property, in
th annexation, located at 12568 Kennedy Road from County Agricultural
R-2 Two -Family Residential District
Suggested Disposition: Receive and
Suspend the Readings
Nays
Yays
Del Toro
Lynch
Jones
Connors
Resnick
v." Buol
Rios
,540A/ems4
tkplb
6/0"1721t14
File; Motion B; M•ti•n A
/
Arra ing-a pt
Yays Nays
Del Toro y'
£-2' Lynch
/ Jones
Connors
Resnick
,„Buol
Rios
9
4q /4
itki4
#*-4
ii014/6 01"/fr
il4r5
2. Request to Rezone - Jim Kress / Derby Grange Road
Proof of publication on notice of public hearing to consider a request from Jim Kress to
rezone 2.99 acres located along Derby Grange Road from County AG Agricultural to
City R-1 Single -Family Residential concurrent with annexation to the City of Dubuque
and the Zoning Advisory Commission recommending approval.
ORDINANCE 1 Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Develo went Code, by reclassifying hereinafter described property, in
conjunction wit annexation, located along Derby Grange Road from County
Agricultural District to City R-1 Single -Family Residential District
Sugge ed Disposition: Receive and File; Motion B. oti.n A
Spend t iugs
Yays Nays
Del Toro
Lynch
Jones
L/ Connors (�
jr7 Resnick
Buol
Rios
Fii% I Reading and Adopt
Yays \ Nays
Del Toro,/
ync
es
+Znors
Resnick
Buol
Rios
10
3. Rustic Point Area Voluntary Annexation
Proof of publication on notice of public hearing to consider approval of the Rustic Point
Area annexation of approximately 56 acres owned by four property owners: Marlene L.
Brimeyer (1.42 acres), Derby Grange LLC (50.4 acres), James F. and Janet M. Kress
(2.99 acres), and the City of Dubuque (1.35 acres) and the City Manager
recommending approval.
RESOLUTIO "9 '17 Approving an application for voluntary annexation of territory to
the City of Dub e, Iowa
geste• R isf'ositi Re ive an
I
; Adopt Resoluti
J/1
Del Toro V'
Lynch 4,1
Jones /7 -
Connors
Resnick
Buol
4°" 1 Rios
ppm --
se* ,4w.:*
.149-
h1
7/(j)
11
de5
4. Derby Grange Road Housing Urban Renewal Plan
Proof of publication on notice of public hearing to consider approval of a Resolution
adopting the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal
Area and the City Manager recommending approval.
RESOLUTION 1 17 Approving the Urban Renewal Pian for the Derby Grange Road
Housing Urban R newal Area
Sugges - + isP
si ion R e a ,,d File; Adopt Resolution(s)
-
Yays Nays
, Del Toro /,f
Vi Lynch
/ Jones / 11
Connors_ _
Resnick
Buol PI,
Riostf,41 b;i?
� t
"—°*
A'.
X02.
40/211'
/MP-
4 -
/9,A-1,
"day 40h,te
ate/ /g /6
/Ilyh4r
12
5. South Pointe Housing Urban Renewal Area
Proof of publication on notice of public hearing to consider approval of a resolution
approving the Urban Renewal Plan for the South Pointe Housing Urban Renewal Area
and the City Manager recommending approval.
RESOLUTION 101-17 Approving the Urban Renewal Pian for the South Pointe Housing
Urban Renewal Area
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Del Toro
v'',37 Lynch
1,7, Jones
Connors
Resnick
Buol
Rios
Nays
13
6. SRF Green Alley Project Bid Set 4 Year
Proof of publication on notice of public hearing to consider approval of plans,
specifications, form of contract and estimated cost for the Green Alley Bid Set 4 - Year 3
Project and the City Manager recommending approval.
RESOLUTION 102-17 Approval of plans, specification, form of contract, and estimated
cost for the SRF Green Alley Bid Set 4 - Year 3 Project
RESOLUTION 103-17 Resolution with respect to the Adoption of the Resolution of
Necessity proposed for the SRF Green Alley Project Bid Set 4 - Year 3 Project
RESOLUTION 104-17 Approving the Schedule of Assessments and estimate of total
cost for the SRF Green AIIey Bid Set 4 - Year 3 Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
i/ „ Del Toro
:i/- Lynch
Jones
i/'" Connors
Resnick
j Buol
Rios
Nays
14
7. Westside Water System Improvements - English Mill and North Cascade Roact'
Water Main Extension and English Mill Road Pump Station Project
Proof of publication on notice of public hearing to consider approval of plans,
specifications, form of contract, and estimated cost for the Westside Water System
Improvements that include the English Mill and North Cascade Road Water Main
Extension and the English Mill Road Pump Station Project and the City Manager
recommending approval.
RESOLUTION 105-17 Approval of plans, specifications, form of contract, and estimated
cost for the Westside Water System Improvements - English Mill and North Cascade
Road Water Main Extension and the English Mill Road Pump Station Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Del Toro
Lynch
Jones
Connors
L/ . Resnick
HBuol
Rios
Nays
15
8. Fiscal Year 2017 Second Budget Amendment
Proof of publication on notice of public hearing to consider approval of the Fiscal Year
2017 Second Budget Amendment.
RESOLUTION 106-17 Amending the current budget for the Fiscal Year Ending June 30,
2017 as amended last on September 19, 2016.
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
frr Del Toro
Lynch
,,?.._Jones
Connors
1,7 Resnick
Buol
Rios
Nays
16
PUBLIC IN UT
17
ACTION ITEMS
1. Derby Grange Road Housing Urban Renewal Plan - Ordinance eelf
City Manager recommending review and approval of an ordinance creating a tax
increment financing district for Derby Grange Road Housing Urban Renewal Area.
ORDINANCE 1 7 Providing that general property taxes levied and collected each
year on all pr perty located within the Derby Grange Road Housing Urban Renewal
Area, in the City of Dubuque, County Of Dubuque, State of Iowa, by and for the benefit
of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School
District and other Taxing Districts, be paid to a special fund for payment of principal and
interest on loans, monies advanced to and indebtedness, including bonds issued or to
be issued, incurred by said City in connection with said Derby Grange Road Housing
Urban Renewal Area
Suggested Disposition; Receive and File; Motion B; Motion A
F Ings Fin, I Reading an Adopt
Nays Yays Nays
el ro
Yays
Del Toro
Lynch
4% Jones
Connors
Resnick
Buol
tt� Rios
18
,,' Jon
Connrs
Resnick
Buol
Rios
2. South Pointe Housing Urban Renewal Area - Ordinance gry.....3
City Manager recommending review and approval of an ordinance creating a tax
incremt fi ancing district for the South Pointe Housing Urban Renewal Area.
ORD INAI1CProviding that general property taxes levied and collected each
year on all property located within the South Pointe Housing Urban Renewal Area, in
the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the
State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School
District and other Taxing Districts, be paid to a special fund for payment of principal and
interest on loans, monies advanced to and indebtedness, including bonds issued or to
be issued, incurred by said City in connection with said South Pointe Housing Urban
Renewal Area
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays Nays
17; Del Toro
f', Lynch
t/ Jones
Connors
Resnick
Buol
Rios
#.47
Final Reading and Adopt
Yays
Del Toro
," Lynch
Jones
Connors
t" --A_1 Resnick
-Buol
Rios
19
Nays
3. Series 2017ABC General Obligation Bond Sale
4"'
0;)
City Manager recommending approval of the suggested proceedings for directing sale
of the $8,830,000 General Obligation Bonds, Series 2017A, $10,105,000 General
Obligation Urban Renewal Refunding Bonds, Series 2017B and $2,155,000 Taxable
General Obligation Urban Renewal Refunding Bonds, Series 2017C.
The Bond Sale is scheduled for March 20. Results will be presented at the meeting.
Amounts subject to adjustment per Terms of Offering.
RESOLUTION 107-17 Directing the Sale of $
Series 2017A
RESOLUTION 108-17 Directing the sale of
Renewal Refunding Bonds, Series 2017B
RESOLUTION 109-17 Directing the Sale of $
Urban Renewal Refunding Bonds, Series 2017C
RESOLUTION 110-17 Authorizing the redemption of outstanding General Obligation
Bonds, Series 2009A (Taxable Build America Bonds), of the City of Dubuque, state Of
Iowa, dated November 10, 2009, and directing notice be given
RESOLUTION 111-17 Authorizing the redemption of outstanding General Obligation
Urban Renewal Bonds, Series 2009B (Taxable Build America Bonds), of the City of
Dubuque, State of Iowa, dated November 10, 2009, and directing notice be given
RESOLUTION 112-17 Authorizing the redemption of outstanding General Obligation
Refunding Bonds, Series 2009C, of the City of Dubuque, State of Iowa, dated
November 10, 2009, and directing notice be given
RESOLUTION 113-17 Authorizing the redemption of outstanding General Obligation
Bonds, Series 2010A, of the City of Dubuque, State of Iowa, dated August 30, 2010,
and directing notice be given
RESOLUTION 114-17 Authorizing the redemption of outstanding Taxable General
Obligation Urban Renewal Bonds, Series 2010B, of the City of Dubuque, State of Iowa,
dated August 30, 2010, and directing notice be given
RESOLUTION 115-17 Authorizing the redemption of outstanding General Obligation
Urban Renewal Bonds, Series 2010C, of the City of Dubuque, State of Iowa, dated
August 30, 2010, and directing notice be given
General Obligation Bonds,
General Obligation Urban
Taxable General Obligation
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays�'
Del Toro
L.," Lynch
Jones
ti Connors
Resnick
Buol
Rios
Nays
20
4. Upper Bee Branch Creek Light -Pole Banners, Interpretive Signs, and Fiber
Utility Cabinets
City Manager recommending approval of the Upper Bee Branch Creek Light -Pole
Banners, Interpretive Signs and Fiber Utility Cabinets.
Suggested Disposition: Receive and File; Approve
Yays Nays
Del Toro
per"" Lynch
/7"' Jones
Connors
Resnick
�- Buol
Rios
tY/P-774*71
5. Request for Work Session on EPA Brownfields Grant 94/
City Manager recommending that the City Council schedule a work session for June 12,
2017 at 6:00 p.m. to review the EPA Brownfields Grant.
Suggested Disposition: Receive and File; Ck uRcil
Yays
Del Toro
Lynch
Jones
. _Connors
Resnick
® Buol
Rios
Nays
21
COUNCIL MEMBER REPORTS
,i7/zf 4'4,
CLOSED SESSION @,7: p.m.
Pending Litigation and Real Estate Transfer Negotiations — Chapter 21.5(1)(c), -(j) Code
of Iowa
Public Statement:
Yays , Nays
Del Toro
V. Lynch
i,c/ Jones
1,1 .1 Connors r1
Resnick
6 ` LBuol
Rios
Reconvene: 4:4;e07 p.m.
ADJOURNMENT @ 41:7p.m.
Yays Nays
Del Toro
Lynch
Jones
Connors
- Resnick
Buol
Rios
gz -
A040 it),
22
TO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a special session of the City Council to be
held on Monday, March 20, 2017 at 6:00 p.m. in the Historic Federal Building for
the purpose of conducting such business that may properly come before the City
Council.
9
Roy D. Buol, Mayor
(
411/:4"1
1
i
a.-7/4"4"
101,