Minutes_City Council Proceedings 4 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 April 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(S)
1 . Mayor's Day of Recognition for National Service (April 4, 2017) was accepted by
AmeriCorps Member Sam Zebarth.
2. The Month of the Young Child/Child Abuse Prevention Month (April 2017) & Week
of the Young Child (April 23-29, 2017) was accepted by Sherri Edwards of Dubuque
County Early Childhood; and Sherry Kennedy of Dubuque Association for the Education
of Young Children.
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: Building Code and Advisory Appeals Board of 3/21 ;
City Council Proceedings of 3/20; Civil Service Commission of 3/2; Library Board of
Trustees of 2/23; Sister City Relationships Advisory Commission of 3/22; Transit Advisory
Board of 3/9; Zoning Board of Adjustment of 3/23; Proof of Publication for City Council
Proceedings of 3/6, 3/7; Proof of Publication for List of Claims and Summary of Revenues
Month Ending 2/28. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Mark Laird for property damage; Marvin and Mary Ritt
for vehicle damage; Teamsters Local 120 for property damage, Rachel Wedewer for
vehicle damage and personal injury; Linda Wessels for personal injury. 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: Kaitlyn Birch for personal injury and vehicle damage; Mark Laird for
property damage; Marvin and Mary Ritt for vehicle damage; Teamsters Local 120 for
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property damage; Rachel Wedewer for personal injury and vehicle damage; Linda
Wessels for personal injury. Upon motion the documents were received, filed and
concurred.
4. IDNR Working for Clean Water Publication: City Manager transmitting the Working
for Clean Water publication from the Iowa Department of Natural Resources (IDNR) in
which Catfish Creek is featured as a 2016 watershed success. Upon motion the
documents were received and filed.
5. Greater Dubuque Development Corp. 2022 Campaign: City Manager transmitting
the Greater Dubuque Development Corp. 2022 Campaign Brochure. Upon motion the
documents were received and filed.
6. Annual Public Housing Agency (PHA) Plan: City Manager recommending approval
to submit the Annual Public Housing Agency (PHA) Plan along with the Certification for
Consistency with the Consolidated Plan. Upon motion the documents were received and
filed and Resolution No. 116-17 Authorizing the Mayor to execute the Certification by
State or Local Office of Public Housing Agency (PHA) Plan's Consistency with the
Consolidated Plan and Approval of the PHA Annual Plan was adopted.
7. Art on the River 2017 Artwork Selections: Arts and Cultural Affairs Advisory
Commission recommending approval of the selections for the 2017 Art on the River
exhibition. Upon motion the documents were received, filed and approved.
8. Urban Revitalization Applications for Residential Property Tax Abatement: City
Manager recommending approval of a resolution rescinding Resolution 58-17 and
adopting a resolution correcting Calendar Year 2016 applications for residential property
tax abatement. Upon motion the documents were received and filed and Resolution No.
117-17 Rescinding Resolution No. 58-17 and approving Property Tax Abatement
applications submitted by property owners in recognized Urban Revitalization Areas and
authorizing the transmittal of the approved Applications to the City Tax Assessor was
adopted.
9. Express Scripts Programs: City Manager recommending approval for the City
Manager to sign the 2017 PBM Agreement Service Addendum with Express Scripts.
Upon motion the documents were received, filed and approved.
10. Medical Associates MMPI-2 Testing Services: City Manager recommending
approval of a one-year agreement with the psychologists at Medical Associates Clinic to
provide MMPI-2 Testing Services administered to all new Firefighters and Police Officers.
Upon motion the documents were received, filed and approved.
11 . Benefit Consulting and Actuarial Services: City Manager recommending approval
of the selection of Gallagher Benefit Services, Inc., to perform benefit consulting and
actuarial services related to the City's employee health, life, accidental death and
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dismemberment, disability, prescription drug and dental benefit plans. Upon motion the
documents were received, filed and approved.
12. Series 2017ABC General Obligation Bonds Completion of Sale: City Manager
recommending approval of the suggested proceedings to complete the action required
on the recent Series 2017A, Series 2017B and Series 2017C General Obligation Bonds.
Upon motion the documents were received and filed and Resolution No. 118-17
Appointing Wells Fargo Corporate Trust Services of Minneapolis, Minnesota, to serve as
Paying Agent, Bond Registrar, and Transfer Agent, approving the Paying Agent and Bond
Registrar and Transfer Agent Agreement and authorizing the execution of the Agreement;
Resolution No. 119-17 Authorizing and providing for the issuance of$8,495,000 General
Obligation Bonds, Series 2017A, and levying a tax to pay said Bonds; approval of the Tax
Exemption Certificate and Continuing Disclosure Certificate; Resolution No. 120-17
Appointing Wells Fargo Corporate Trust Services of Minneapolis, Minnesota, to serve as
Paying Agent, Bond Registrar, and Transfer Agent, approving the Paying Agent and Bond
Registrar and Transfer Agent Agreement and authorizing the execution of the Agreement;
Resolution No. 121-17 Authorizing and providing for the issuance of$9,745,000 General
Obligation Urban Renewal Refunding Bonds, Series 20178, and levying a tax to pay said
Bonds; approval of the Tax Exemption Certificate and Continuing Disclosure Certificate;
Resolution No. 122-17 Appointing Wells Fargo Corporate Trust Services of Minneapolis,
Minnesota, to serve As Paying Agent, Bond Registrar, and Transfer Agent, approving the
Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the
execution of the Agreement; and Resolution No. 123-17 Authorizing and providing for the
issuance of $2,120,000 Taxable General Obligation Urban Renewal Refunding Bonds,
Series 2017C, and levying a tax to pay said Bonds; approval of the Continuing Disclosure
Certificate were adopted.
13. Request to Initiate PUD Rezoning of Chaplain Schmitt Island: City Manager
recommending approval to initiate the application process for a PUD Planned Unit
Development rezoning of Chaplain Schmitt Island consistent with the 2014 Master Plan.
Upon motion the documents were received, filed and approved.
14. Contract Assignment from Selser Schaeffer Architects to 563 Design LLC: City
Manager recommending assignment of the contract from Selser Schaeffer Architects to
563 Design, LLC which allows the City to continue working with 563 Design LLC to
conclude four project contracts. Upon motion the documents were received, filed and
approved.
15. Hodge Companies Assignment of Real Estate Lease and Agreement: City
Manager recommending approval of the Assignment of Real Estate Lease and
Agreement between Hodge Company and Dubuque Bank and Trust Company. Upon
motion the documents were received, filed and approved.
16. Design and Resiliency Team (DART) Technical Assistance Application: City
Manager recommending approval for the City of Dubuque to apply for a Design &
Resiliency Team technical assistance project and for Sustainable Community
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Coordinator Cori Burbach to serve on a technical assistance team. Upon motion the
documents were received, filed and approved.
17. Community Development Block Grant (CDBG) Fiscal Year 2017Amendment 2:
City Manager recommending approval of the Fiscal Year 2017 Annual Action Plan
Amendment 2 for the Community Development Block Grant (CDBG) program. Upon
motion the documents were received and filed and Resolution No. 124-17 Approving
Fiscal Year 2017 (Program Year 2016) Annual Action Plan Amendment 2 for Community
Development Block Grant (CDBG) funds was adopted.
18. Jackson Street Right-of-Way Acquisition Plat and Dedication: City Manager
recommending approval of the Acquisition Plat of City Lot 386A, in the City of Dubuque,
and acceptance of the dedication of said lot for right-of-way purposes related to the SR
Jackson Real Estate, LLC Warehouse Renovation Project at 1065 Jackson Street. Upon
motion the documents were received and filed and Resolution No. 125-17 Approving the
Acquisition Plat of City Lot 386A in the City of Dubuque, Iowa was adopted.
19. Marquette Hall Resolution of Support: City Manager recommending approval of a
Resolution in support of a Workforce Housing Tax Incentive Program application to be
submitted to the Iowa Economic Development Authority (IEDA) by Cohen Esrey for
Marquette Hall project. Upon motion the documents were received and filed and
Resolution No. 126-17 Resolution in Support of a Workforce Housing Tax Incentive
Program application to be submitted to the Iowa Economic Development Authority (IEDA)
by Cohen Esrey for Marquette Hall Project was adopted.
20. Iowa Economic Development Authority Contact - Amendment No. 9:
Correspondence from the Iowa Economic Development Authority (IEDA) submitting
Amendment No. 9 that confirms completion of the contracts for Caradco Building and
Linseed Oil/Paintworks Building projects. Upon motion the documents were received and
filed.
21 . Signed Contracts: Dubuque Jaycees Lease for Veterans' Memorial Park
Community Garden; Dubuque Water Sports Club Lease for a section of Chaplain Schmitt
Island. Upon motion the documents were received and filed.
22. Alcohol Compliance Civil Penalty for Alcohol License Holder - BP Station: City
Manager recommending approval of the Acknowledgment/Settlement Agreement for an
alcohol compliance violation for BP Station, 1450 Loras Blvd. Upon motion the
documents were received, filed and approved.
23. Tobacco Compliance — Civil Penalty for Tobacco License Holder- BP Station: City
Manager recommending approval of the Acknowledgement/Settlement Agreement for a
tobacco compliance violation for BP Station, 1450 Loras Blvd. Upon motion the
documents were received, filed and approved.
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24. 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. 127-17 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 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 Resnick. Motion carried 7-0.
1 . Proposed Jule Transit Service Reductions and Changes: City Manager
recommending that the City Council set a public hearing for April 17, 2017 to consider
approval of selected reductions and changes to the Jule Transit fixed-route service and
schedules. Upon motion the documents were received and filed and Resolution No. 128-
17 Setting the date for a public hearing on Transit Fixed-Route Service Reductions was
adopted setting a public hearing for a meeting to commence at 6:00 p.m. on April 17,
2017 in the Historic Federal Building.
2. Bee Branch Creek Restoration Project - Floating Island Project Initiation: City
Manager recommending approval of the proposed plans, specifications, form of contract
and construction estimate for the Lower Bee Branch Creek Floating Island Project in the
16th Street Detention Basin. It is further recommended that a public hearing be set for
April 17, 2017. Upon motion the documents were received and filed and Resolution No.
129-17 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 was adopted setting a public hearing for a
meeting to commence at 6:00 p.m. on April 17, 2017 in the Historic Federal Building.
3. State Revolving Fund (SRF) Loan Environmental Review for Westside Water
System Improvements Project: City Manager recommending that the City Council
schedule a public hearing for April 17, 2017, 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. Upon motion the documents were
received and filed and Resolution No. 130-17 Approval of an Environmental Review as
provided by SRF's Department of Natural Resources for the Westside Water System
Improvements Project and ordering the advertisement for public notice was adopted
setting a public hearing for a meeting to commence at 6:00 p.m. on April, 17, 2017 in the
Historic Federal Building.
BOARDS/COMMISSIONS
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Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions. Applicant appointments will be made at the next
City Council meeting.
1 . Civil Service Commission: One, 3-year term through April 6, 2020 (Expiring term of
White). Applicant: Daniel White, 2919 Elm St.
2. Community Development Advisory Commission: One, 3-year term through February
15, 2020 (Expired At-Large Term of James). Applicant: Lindsay James, 2494 Pearl St.
3. Mediacom Charitable Foundation: One, 1-year term through December 31 , 2017
(Expired Term of Twining). Applicant: Constance Twining, 421 N. Booth St. Ms. Twining
spoke in support of her appointment and provided a brief biography.
Appointment was made to the following Commission.
4. Human Rights Commission: One, 3-year term through January 1 , 2020 (Vacant term
of Lenhart). Applicant: Jessica Perry (Indigo Channing), 160 N. Algona St. Motion by
Connors to appoint Ms. Perry to a 3-year term through January 1 , 2020. Seconded by
Lynch. Motion carried 7-0.
PUBLIC HEARINGS
1 . Request to Release and Dispose of Easement-Tri-State Shred/Old Bellevue Road:
Proof of publication on notice of public hearing to consider 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 the City Manager recommending
approval. Motion by Connors to receive and file the documents and adopt Resolution No.
131-17 Disposing of City interest in the Old 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. Seconded by Jones. Motion carried 7-0.
PUBLIC INPUT
Paul Uzel, 61 N. Algona St., addressed the City Council about designating Dubuque
as a welcoming community.
Myra Jo Kalb, 12471 Eton Cr.; Susan Conlon-Kalb, 12470 Eton Cr.; Ron Breitbach,
13223 Derby Grange Rd.; Kristin Clark, 12210 Forest Meadow Dr.; Phil Kalvelage, 16785
Clay Hill Rd.; Joe Mettille, 16559 Clay Hill Rd.; Mariann Groom, 16693 Clay Hill Rd.;
addressed the City Council either in opposition to or expressed concerns about the
rezoning request and proposed subdivision. Loren Steger, 16013 Paradise Ln.; Dave
Riniker, 12568 Kennedy Rd. and Robert Sabers, Attorney for Derby Grange, LLC, spoke
in favor of the proposed subdivision.
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John Tallent, Chief Executive Officer for Medical Associates; and Kay Takes, President
of Mercy Medical Center, addressed the City Council regarding their concerns with Action
Item #7 Medical Plan Third-Party Administration Services and Stop Loss Coverage
agreement with Wellmark of Iowa.
ACTION ITEMS
1 . Request to Rezone - Derby Grange, LLC / 12568 John F. Kennedy Road (Second
Reading): Zoning Advisory Commission recommending approval of 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.
Restated motion by Jones to amend the ordinance. Seconded by Connors. Motion
carried 7-0.
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 6-1 with Del Toro voting nay.
Motion by Jones for final consideration and passage of Ordinance No. 12-17 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property, in conjunction with annexation, located at
12481 Kennedy Road from County Agricultural District to City R-1 Single-Family
Residential and R-2 Two-Family Residential Districts. Seconded by Connors. (Super
majority requirement). Motion carried 6-1 with Del Toro voting nay.
2. Request to Rezone - Jim Kress / Derby Grange Road (Second Reading): Zoning
Advisory Commission recommending approval of 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.
Motion by Connors 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 Lynch. Motion
carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 13-17
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property, in conjunction with annexation,
located along Derby Grange Road from County Agricultural District to City R-1 Single-
Family Residential District. Seconded by Lynch. Motion carried 7-0.
3. Rustic Point Area Voluntary Annexation: (Tabled from March 20, 2017 meeting):
City Manager recommending 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).
Motion by Jones to remove from the table. Seconded by Lynch. Motion carried 7-0.
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Motion by Jones to Receive and filed the documents and adopt Resolution No. 132-17
Approving an application for voluntary annexation of territory to the City of Dubuque, Iowa.
Seconded by Lynch. Motion carried 7-0.
4. Derby Grange Road Housing Urban Renewal Plan: (Tabled from March 20, 2017
meeting): City Manager recommending approval of a Resolution adopting the Urban
Renewal Plan for the Derby Grange Road Housing Urban Renewal Area.
Motion by Connors to remove from the table. Seconded by Lynch. Motion carried 7-0.
Motion by Connors to receive and file the documents and adopt Resolution No. 133-
17 Approving the Urban Renewal Plan for the Derby Grange Road Housing Urban
Renewal Area. Seconded by Lynch. Motion carried 7-0.
5. Derby Grange Road Housing Urban Renewal Plan — Ordinance (Tabled from the
march 20, 2017 meeting): City Manager recommending review and approval of an
ordinance creating a tax increment financing district for Derby Grange Road Housing
Urban Renewal Area.
Motion by Jones to remove from the table. Seconded by Resnick. Motion carried 7-0.
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 Resnick.
Motion carried 7-0.
Motion by Jones for final consideration and passage of 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, 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. Seconded by
Resnick. Motion carried 7-0.
6. Grade Level Reading Update: City Manager providing a report from the Leisure
Services Department on the initiatives and actions related to the Campaign for Grade
Level Reading as well as efforts of the past year and future actions. Recreation Division
Manager Dan Kroger provided a slide presentation. Highlights included community
solutions action plan 2012; The 3 P's of people, planning and partners; weaving services
together; AmeriCorps Partners in Learning; programs provided by the Recreation
Division, Dubuque Community School District; St. Mark Youth Enrichment; and results of
each partner's efforts. Motion by Lynch to receive and file the information. Seconded by
Resnick. Motion carried 7-0.
7. Medical Plan Third-Party Administration Services and Stop Loss Coverage: City
Manager recommending approval of the selection of Wellmark of Iowa as the third-party
administrator for the City's medical plan. Motion by Connors receive and filed the
documents and approve the recommendation. Seconded by Resnick. City Manager Van
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Milligen responded to questions from the City Council regarding the RFP process,
favoring local business, and cost savings. Motion carried 7-0.
8. Award Contract-Five Flags Theater Masonry Project: City Manager recommending
award of the contract for the Five Flags Theater Masonry Project to the low bidder, Hydro-
Tech. Motion by Lynch to receive and file the documents and adopt Resolution No. 134-
17 Awarding the Public Improvement Contract for the Five Flags Theater Masonry
Rehabilitation Project. Seconded by Resnick. Motion carried 7-0.
9. Award Contract-Ham House Masonry Rehabilitation Project: City Manager
recommending award of the Ham House Masonry Rehabilitation Project contract to the
low bidder, Evans-Mason, Inc. Motion by Connors to receive and file the documents and
adopt Resolution No. 135-17 Awarding the Public Improvement Contract for the Ham
House Masonry Rehabilitation Project. Seconded by Rios. Motion carried 7-0.
10. Award SRF Green Alley Project Bid Set 4 Year 3: City Manager recommending
award of the construction contract for the Award SRF Green Alley Project Bid Set 4 Year
3 to the low bidder, Portzen Construction, Inc. Motion by Lynch to receive and file the
documents and adopt Resolution No. 136-17 Awarding Public Improvement Contract for
the SRF Green Alley Bid Set 4 - Year 3 Project. Seconded by Connors. Motion carried 7-
0.
COUNCIL MEMBER REPORTS
Council Member Del Toro reported on April being Autism Awareness Month.
Council Member Resnick reported on his attendance at the recent Taste of the World
event sponsored by the Multicultural Family Center.
Mayor Buol reported on his and staff attendance at the recent Dubuque Chamber of
Commerce visit to Washington, DC to discuss issues effecting Dubuque.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:19 p.m. to discuss pending litigation
and real estate transfer negotiations pursuant to Chapter 21 .5(1)(c), -Q) Code of Iowa.
Seconded by Connors. Mayor Buol stated for the record that the attorney who will consult
with City Council on the issues to be discussed in the closed session is City Attorney
Crenna Brumwell. Motion carried 7-0.
Upon motion, the City Council reconvened in open session at 8:27 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:28 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
1t 4/12
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