4 17 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 April 17, 2017 in the
Historic Federal Building., 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors
v anager Van Milligen, City Attorney Brumwel
Absent: Council Member Lynch
Del Toro, Jones, Resnick, Rios; City
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
PRESENTATION
1. Dubuque Eagles' Eyes on the Future
Michael Duehr of the Fraternal Order of Eagles will introduce the Eyes on the Futtre
Youth Committee. � 'ie,e6 ,'� ,j4J',,
PROCLAMATION S)
1. Arbor Day (April 28, 2017) was accepted by
2. Dubuque /�f Caring (April 28, 2017) was accepted by
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Del Toro
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Buol
Connors
Resnick
Jones
Nays
CONSENT ITEMS
1. Minutes and Reports Submitted
Cable TV Commission of 4/5; City Council Proceedings of 4/3, 4/10; Five Flags Civic
Center Commission of 3/27; Historic Preservation Commission of 3/16; Human Rights
Commission of 3/13; Long Range Planning Advisory Commission of 3/15; Resilient
Community Advisory Commission of 4/6; Zoning Advisory Commission of 4/5; Proof of
Publication for City Council Proceedings of 3/20
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Lindsy Nadermann for property damage; Gene Allen Ninneman for property damage;
Jade Wiegel for vehicle 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: Lindsy
Nadermann for property damage; Gene Ninneman for property damage; Jade Wiegel
for vehicle damage
Suggested Disposition: Receive and File; Concur
4. Bee Branch Creek Grand Opening Invitation
City Manager providing the invitation for the Bee Branch Creek grand opening on
Wednesday, July 19, 2017.
Suggested Disposition: Receive and File
5. Consent Decree Semi Annual Report March 31, 2017
City Manager transmitting the March 31, 2017 Semi Annual Consent Decree Report that
has been submitted to the United State Environmental Protection Agency as required by
the Consent Decree.
Suggested Disposition: Receive and File
2
I
Yays
Rios
Del Toro
Lynch
Buol
Connors
Resnick
Jones
1 Nays
1
1
6. Request for Proposal - Water Meter Replacement Project - Vernon Water
System and Barrington Lakes Subdivision
City Manager recommending approval to issue a Request for Proposal for the Westside
Water System Improvements, Water Meter Replacement Project that would solicit bids
from Iowa licensed plumbing contractors to replace the existing approximately 320
water meters with the current City of Dubuque water meter system hardware in Cedar
Crest, Key City, Wildwood Estates Subdivisions (known as the Vernon Water System)
and Barrington Lakes Subdivision.
Suggested Disposition: Receive and File; Approve
7. Greater Downtown Urban Renewal District Amendment - Resolution Nunc Pro
Tunc
City Manager recommending approval of a Resolution correcting the legal description in
the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban
Renewal District adopted March 6, 2017.
RESOLUTION 90-17A Nunc Pro Tunc correcting and amending a scrivener's error in
certain legal descriptions included in the Amended and Restated Urban Renewal Plan
for the Greater Downtown Urban Renewal District
Suggested Disposition: Receive and File; Adopt Resolution(s)
8. South Pointe Housing Urban Renewal Area - Resolution Nunc Pro Tunc
City Manager recommending approval of a Resolution correcting the legal description in
the Urban Renewal Plan for the South Pointe Housing Urban Renewal Area adopted
March 11, 2017.
RESOLUTION 101-17A Nunc Pro Tunc correcting and amending a scrivener's error in
certain legal descriptions included in the Urban Renewal Plan for the South Pointe
Housing Urban Renewal District
Suggested Disposition: Receive and File; Adopt Resolution(s)
3
Yays
Rios
V Del Toro
V Buol
2, Connors
I/4'r Resnick
Jones
Nays
9. Derby Grange Road Housing Urban Renewal Area - Resolution Nunc Pro Tunc
City Manager recommending approval of a resolution correcting the legal description in
the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area
adopted April 3, 2017.
RESOLUTION 133-17A Nunc Pro Tunc Correcting and amending a scrivener's error in
certain legal descriptions included in the Urban Renewal Plan for the Derby Grange
Road Housing Urban Renewal District
Suggested Disposition: Receive and File; Adopt Resolution(s)
10. Property Exchange Agreement - Creek Wood Park
City Manager recommending approval of the Property Exchange Agreement with Jeff
and Jill Reimer exchanging ownership of Lot 1-2 Timber-Hyrst Place #2 (currently
owned by the City of Dubuque) for Lot 2 Timber-Hyrst Place No. 8 (currently owned by
the Reimers).
RESOLUTION 137-17 Approving a Property Exchange Agreement with Jeff and Jill
Reimer for the exchange of certain real property in Dubuque County, Iowa located along
Creek Wood Drive
Suggested Disposition: Receive and File; Adopt Resolution(s)
.S. Postal Service - Parking Purchase Agreement
jy Manager recommending approval of an Agreement of Purchase and Sale to
purchase the 8,474 -square foot parking lot located at the corner of Locust and 5th
Streets from the U.S. Postal Service.
RESOLUTION 138-17 Approving an Agreement for the Purchase of Real Estate in the
City of Dubuque, Iowa commonly referred to as The Historic Federal Building Post
Office Parking Lot from the United States Postal Service
Suggested Disposition: Receive and File; Adopt ResQ ution(s)
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Yays Nays
Rios
Del Toro
Lynch
Buol
Connors
Resnick
Jones
12. Circles® USA Contract
City Manager recommending approval of a one year contract with Circles® USA for use
of the Circles® brand and consulting services for the Dubuque Circles® Initiatives.
Suggested Disposition: Receive and File; Approve
13. Pre -Annexation Agreement - Michael J. and Rebecca M. McMahon (Twin Ridge
Subdivision)
City Manager recommending approval of a Pre -Annexation Agreement with Michael J.
and Rebecca M. McMahon, property owners of Lots 2 and 3 in Twin Ridge Subdivision
No. 5.
RESOLUTION 139-17 Approving a Pre -Annexation Agreement between the City of
Dubuque, Iowa and Michael J. and Rebecca M. McMahon
Suggested Disposition: Receive and File; Adopt Resolution(s)
14. Pre -Annexation Agreement - Troy M. and Theresa A. Budde (Key West Drive)
City Manager recommending approval of a Pre -Annexation Agreement with Troy M. and
Theresa A. Budde, for property located at 10906 Key West Drive.
RESOLUTION 140-17 Approving a Pre -Annexation Agreement between the City of
Dubuque, Iowa and Troy M. and Theresa A. Budde
Suggested Disposition: Receive and File; Adopt Resolution(s)
15. Five Flags Civic Center - Fiscal Year 2017 Detailed Operating Budget
City Manager recommending approval of the detailed Fiscal Year 2017 Operating
Budget for the Five Flags Civic Center submitted by SMG.
Suggested Disposition: Receive and File; Approve
16. Civil Service Commission
Civil Service Commission submitting the Certified Lists for the positions of Water Plant
Operator and Public Works Field Supervisor.
Suggested Disposition: Receive and File; Make Matter of Record
Yays
Rios
Del Toro
Lynch
Buol
Connors
Resnick
Jones
Nays
17. Approval of Plat of Survey - 1065 Jackson Street Right -of -Way
City Manager recommending approval of the Plat of Survey of Lot 1 and Lot 2 of City
Lot 386A to facilitate the construction of the proposed deck and access ramp
improvements at 1065 Jackson Street for SR Jackson Real Estate, LLC.
RESOLUTION 141-17 Approving Plat of Proposed Vacated Right -of -Way of a portion of
Jackson Street adjacent to City Lots 384, 385, 386, 387, and the South Half of 388, said
right of way being a part of City Lot 386A, in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
18. Iowa Department of Transportation (IDOT) - Transit Consolidated Funding
Application
City Manager recommending approval of the submittal of the Consolidated Funding
Application to the Iowa Department of Transportation for The Jule's annual operating
and maintenance allocations, the Lobbying Cost Certificate, Certificate of Cost
Allocation Plan and Authorizing Resolution.
RESOLUTION 142-17 Approval of Grant Application to Iowa DOT for Consolidated
Funding
Suggested Disposition: Receive and File; Adopt Resolution(s)
19. Master Licensing Agreement (MLA) with Mobiilitie/Network Technology IA LLC
City Manager recommending approval of a Master Licensing Agreement with
Mobilitie/Network Technology IA LLC, which represents one portion of a comprehensive
strategy to improve the connectivity of Dubuque through new broadband and wireless
investments.
Suggested Disposition: Receive and File; Approve
20. Proposed Incentive to Assist Downtown Building Owners with Fire Escape
Compliance
City Manager recommending approval of an amendment to the Downtown Fapade
Program to include eligibility for financial assistance to repair exterior fire escapes.
Suggested Disposition: Receive and File; Approve
6
Yays
Rios
Del Toro
Lynch
Buol
Connors
Resnick
Jones
Nays
21. Southwest Arterial Project Consultant Professional Services Supplemental
Agreement
City Manager recommending Council approval of a Resolution authorizing the City
Manager to execute a supplemental agreement with AECOM Technical Services, Inc.
which approves revisions to the original scope of services to the Consultant
Professional Services Contract to complete the final engineering design phase of the
Southwest Arterial Project.
RESOLUTION 143-17 Approving the Consultant Professional Services -Supplemental
Agreement No. 18 between AECOM Technical Services, Inc. and the City of Dubuque
for the completion of final Engineering Design Phase of the Southwest Arterial Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
22. Signed Contracts
Five Flags Study and Assessment Contract with Conventions, Sports, and Leisure
(CSL); Release of Real Estate Mortgage for Jorja Moore, 890 Iowa Street.
Suggested Disposition: Receive and File
23. Alcohol and Tobacco Applications
City Manager recommending approval of annual liquor, beer, wine and tobacco license
applications as submitted.
RESOLUTION 144-17 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
RESOLUTION 144-17A Approving applications for retail cigarette/tobacco
sales/nicotine/vapor permits, as required by Iowa Code Chapter 453A.47A
Suggested Disposition: Receive and File; Adopt Resolution(s)
ITEMS SET FOR PUBLIC HEARING
1. Vacating Petition - 1065 Jackson Street Right -of -Way
3. 2017 Pavement Marking Project
Yays
/7*
Rios
Del Toro
-L-yrrdi
Buol
Connors
Resnick
/ Jones
Nays
May 1,2017
Pulled
May 1,2017
1. Vacating Petition - 1065 Jackson Street Right -of -Way
City Manager recommending that a public hearing be set for May 1, 2017, on the
disposition of the City's interest in Jackson Street right-of-way between 10th Street and
11th Street adjacent to SR Jackson Real Estate, LLC warehouse building, 1065
Jackson Street.
RESOLUTION 145-17 of Intent to vacate and dispose of City interest in a portion of
Jackson Street adjacent to City Lots 384, 385, 386, 387, and the south half of 388, said
right of way being a part of City Lot 386A, in the City of Dubuque, Iowa to SR Jackson
Real Estate LLC
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
May 1, 2017
pulled from the agenda.
: This item was
3. 2017 Pavement Marking Project
City Manager recommending the City Council grant preliminary approval of the
construction plans and specifications, and establish May 1, 2017, as the date for public
hearing for the 2017 Pavement Marking Project.
RESOLUTION 146-17 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
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
May 1, 2017
8
BOARDS/COMMISSIONS
Appointments were made to the following boards/commissions.
1. Civil Service Commission (Mayor Appointment)
One, 3 -year term through April 6, 2020 (Expiring term of White). Applicant: Daniel
White, 2919 EIm St. This commission is subject to the State of Iowa Gender Balance
Law. 3 Commissioners total; currently 0 males/1 female
Yays
Rios
Del Toro
--ktyTiCri
Buol
Connors
Resnick
Jones
Nays
2. Community Development Advisory Commission
One, 3 -year term through February 15, 2020 (Expiring At -Large Term of James.
Applicant: Lindsay James, 2494 Pearl St.
Yays
i1, Rios
Del Toro
Buol
Connors
Resnick
Jones
Nays
3. Mediacom Charitable Foundation
One, 1 -year term through December 31, 2017 (Expired Term of Twining). Applicant:
Constance Twining, 421 N. Booth St.
Yays
V Rios
Del Toro
EyTr
Buol
Connors
Resnick
Jones
•
Nays
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PUBLIC HEARINGS
1. Request to Rezone - Northwest Corner of Asbury Road and Evergreen Drive
Proof of publication on notice of public hearing to consider approval of a request from
Rick Ehrlich to rezone property located at the northwest corner of Asbury Road and
Evergreen Drive from R-2 Two -Family Residential to OR Office Residential, to construct
a building to accommodate a home office and the Zoning Advisory Commission
recommending approval.
ORDINANCE 15-17 Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by reclassifying hereinafter described property located at
the northwest corner of Asbury Road and Evergreen Drive from R-2 Two -Family
Residential District to OR Office Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Rios
Del Toro
h
Buol
Connors
Resnick
Jones
Nays
Final Reading and Adopt
Yays
Rios
Del Toro
-L-ynch-
Buol
Connors
Resnick
Jones
Nays
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2. Lower Bee Branch Creek Restoration Project - Floating Island Project
Proof of publication on notice of public hearing to consider approval of plans,
specifications, form of contract and construction estimate for the Lower Bee Branch
Creek Floating Island Project in the 16th Street Detention Basin and the City Manager
recommending approval.
RESOLUTION 147-17 Approval of plans, specifications, form of contract and estimated
cost for the Lower Bee Branch Creek Floating Island Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays,
Rios
V,-) Del Toro
,L-yntir
t.7 Buol
Connors
Resnick
Jones
Nays
11
3. Proposed Jule Transit Service Reductions and Changes
Proof of publication on notice of public hearing to consider approval of selected
reductions and changes to the Jule Transit fixed -route service and schedules and the
City Manager recommending approval. Staff made a presentation.
RESOLUTION 148-17 Accepting fixed -route service reductions
Suggested Disposition: Receive and File; Adopt Resolution(s), Staff Presentation
Yays
Rios
v/ Del Toro
dlivFh-
Buol
� Connors
Resnick
Jones
Nays
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4. State Revolving Fund (SRF) Loan Environmental Review for Westside Water
System Improvements Project
Proof of publication on notice of public hearing to discuss the results of the
environmental review as provided by the State Revolving Fund's Department of Natural
Resources for the Westside Water System Improvements Project, directing staff to
submit the required documentation and the City Manager recommending approval.
RESOLUTION 149-17 Approval of Environmental Review as provided by SRF's
Department of Natural Resources for the Westside Water System Improvement Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Rios
V' Del Toro
4Ain-ctr
Buol
Connors
Resnick
/ Jones
Nays
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14
ACTION ITEMS
1. Award of Contract - Westside Water System Improvements - English Mill and
North Cascade Road Water Main Extension and the English Mill Road Pump
Station
City Manager recommending recommends award of Contract A: English Mill and North
Cascade Road Water Main Extension to the apparent low bidder Portzen Construction,
and the award of Contract B English Mill Road Pump Station to the apparent low bidder
Portzen Construction subject to the approval of the Department of Natural Resources
State Revolving Fund Agency.
RESOLUTION 150-17 Awarding public improvement contract for 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
Rios
V Del Toro
.-L-yrrctr
, Buol
vril Connors
V;,, Resnick
179—Jones
Nays
15
2. Code of Ordinances Amendment - Title 14 Housing Board of Appeals /
City Manager recommending approval of an ordinance which adjusts a reference to the
Housing Code Appeals Board following the adoption of the International Property
Maintenance Code and the repeal of the former Housing Code.
ORDINANCE 16-17 Amending City of Dubuque Code of Ordinances Title 14 Building
and Development, Chapter 1 Building Codes, Article J Property Maintenance Code,
Section 14-1J-3 Rental Licenses by replacing the reference to "Housing Code Appeals
Board" with "Housing Board of Appeals"
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays Nays
//' Rios
V Del Toro
-61fneh
Buol
V-9 Connors
/2, Resnick
I/7 Jones
Final Reading and Adopt
Yays Nays
V Rios
dDel Toro
1-.yRehr
Buol
Connors
Resnick
Jones
3. Greater Downtown Urban Renewal District Amendment - Ordinance Correction
City Manager recommending approval of an ordinance correcting the legal description
in the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban
Renewal District adopted March 6, 2017.
ORDINANCE 6-17A Correcting and amending Ordinance No. 6-17, Providing that
general property taxes levied and collected each year on all Property Located within the
Greater Downtown Urban Renewal District of 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 the Amended and Restated Urban Renewal Plan for the Greater
Downtown Urban Renewal District
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays Nays
Rios
Del Toro
-Lynch-
1/
Buol
tri Connors
Resnick
1,,,° Jones
Final Reading and Adopt
Yays
Rios
Del Toro
Buol
/ Connors
Resnick
Jones
17
Nays
4. South Pointe Housing Urban Renewal Area - Ordinance Correction
City Manager recommending approval of an Ordinance correcting the legal description
in the Urban Renewal Plan for the South Pointe Housing Urban Renewal Area adopted
March 20, 2017.
ORDINANCE 11-17A Correcting and amending Ordinance No. 11-17, providing that
general property taxes levied and collected each year on all property located within the
South Pointe Housing Urban Renewal Area of 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 the Urban Renewal Plan for the South Pointe Housing Urban Renewal
Area
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays Nays
V" -
Rios
Del Toro
Buol
Connors
Resnick
Jones
Final Reading and Adopt
Yays Nays
Rios
Del Toro
.Lyfrett,
Buol
Connors
Resnick
/ Jones
18
5. Derby Grange Road Housing Urban Renewal Area - Ordinance Correction
City Manager recommending approval of an Ordinance correcting the legal description
in the Urban Renewal Plan for the Derby Grange Road Housing Urban Renewal Area
adopted April 3, 2017.
ORDINANCE 14-17A Correcting and amending Ordinance No. 14-17, Providing that
general property taxes levied and collected each year on all property located within the
Derby Grange Road Housing Urban Renewal Area of 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 the Urban Renewal Plan for the Derby Grange Road Housing Urban
Renewal Area
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays_ Nays
Rios
Del Toro
Buol
Connors
Resnick
Jones
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Final Reading and Adopt
Yays , Nays
19
Rios
Del Toro
Buol
Connors
Resnick
Jones
6. City Council Salary Compensation Review Process Initiation
City Clerk submitting information for initiating the process of reviewing City Council
salary compensation beginning January 1, 2018.
Suggested Disposition: Receive and File; Council
Yays
Rios
Del Toro
---L-Ynctr
Buol
i/', Connors
V Resnick
Jones
Nays
7. Quarterly Sustainable Dubuque Work Session
City Manager recommending the City Council schedule a Sustainable Dubuque
Quarterly Work Session for Monday, May 8, 2017 at 6:00 p.m.
Suggested Disposition: Receive and File; Council
Yays
j,/._ Rios
V Del Toro
Buol
VI, Connors
Resnick
Jones
Nays
21
COUNCIL MEMBER REPORTS
CLOSED SESSION @ 1:6') p.m.
Pending Litigation and Real Estate Transfer Negotiations - Chapter 21.5(1)(c), -(j) Code
of Iowa
stated for the record that the attorney who will consult with City Council on the
issue to be discussed in the closed session is City Attorney Crenna Brumwell.
Yays
V Rios
/../` Del Toro
Buol
z.-' Connors
k Resnick
Jones
Nays
Reconvened @ p.m.
ADJOURNMENT @ p.m.
Yays Nays
Rios
/ Del Toro
-Lynch
Buol
Connors
Resnick
Jones
22
TO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Regular Session of the City Council to be
held on Monday, April 17, 2017 at 6:00 PM in the Historic Federal Building for the
purpose of conducting such business that may properly come before the City
Council.
At 0
fRoy D. Buol, Mayor
Consent Items: Pages 1-4