12 21 15 Clerk's Skeleton Notes and Meeting CallsCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:1,p.m. on December 21, 2015
in the Historic Federal Building, 350 W. 6th Street.
resent: Mayor BUoI; Council Members Br‘ Con ors, Jones Ly Resnick
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Sutton; City Manager Va 'Milligen, City Attorney Lindahl
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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 on Source of Income Update.
ADJOURNMENT @
WORK SESSION
SOURCE OF INCOME UPDATE
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on December 21, 2015,
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members BCorfnors, Joies L ch, Re4nick,
utton; City Manager Van Mil!igen, City Attorn Lindahl
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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(S)
1. Dubuque -Area Labor Management Council (DALMC) Awards
DALMC Executive Director Kelly Cooper to present the 2015 awards for Great Job
Honor Roll to Mike Feltes (Jule Transit) and the Labor -Management Partnership Award
to Candace Eudaley-Loeboch (City of Dubuque/Jule Transit) and Kevin Saylor
(Teamsters Local 120)
2
CONSENT ITEMS
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1. Minutes and Reports Submitted
City Council Proceedings of 12/7, 12/14; Civil Service Commission of 12/7; Library
Board of Trustees of 10/22, Park and Recreation Commission of 11/10; Zoning Advisory
Commission of 12/2; Proof of Publication of City Council Proceedings for 11/16; Proof of
Publication for Delinquent Water, Sewer, Refuse & Stormwater Collection Accounts of
11/20, 11/27
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Duane Crippes for personal injury; Dean Donath for vehicle damage; Suit by Joe Zwack
for historical significance jurisdiction
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: Duane Crippes
for personal injury, Dean Donath for vehicle damage, Donna Moeller for personal injury
Suggested Disposition: Receive and File; Concur
4. Compact of Mayors
City Manager transmitting the December 2015 Compact of Mayors newsletter Climate
Leadership at the Local Level: Global Impact of the Compact of Mayors.
Suggested Disposition: Receive and File
3
Yays
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5. John F. Kennedy and Wacker Signal Replacement Project Acceptance
City Manager recommending acceptance of the construction contract for the John F.
Kennedy Road & Wacker Drive Traffic Signal Replacement Project as completed by
Portzen Construction, Inc.
RESOLUTION 425-15 Accepting the John F. Kennedy Road & Wacker Drive Traffic
Signal Replacement Project and authorizing the payment of the contract amount to the
contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
6. Acceptance of John F. Kennedy PCC Panel Replacement Project between 32nd
Street and NW Arterial
City Manager recommending acceptance of the construction contract for the John F.
Kennedy Road PCC Panel Replacement Project between 32nd Street and NW Arterial
as completed by Eastern Iowa Excavating & Concrete.
RESOLUTION 426-15 Accepting the John F. Kennedy Road PCC Panel Replacement
Project between 32nd Street and NW Arterial and authorizing the payment of the
contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
7. Acceptance of Public Improvements - Sky Blue Estates Subdivision
City Manager recommending acceptance of the public improvements that the
developer; EKMLLC, has recently completed in Sky Blue Estates Subdivision.
RESOLUTION 427-15 Accepting public improvements in the Sky Blue Estate
Subdivision in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
4
Yays
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8. Novelty Iron Works - 4th Amendment to DA
City Manager recommending approval of a 4th Amendment to the Novelty Iron Landlord
LLC Development Agreement in order to modify the parking arrangement by deleting
Section 3.1 in its entirety.
RESOLUTION 428-15 Approving the 4th Amendment to the Development Agreement
between the City of Dubuque, Iowa and Novelty Iron Landlord, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
9. First Amendment to Development Agreement for 253 Main Street
City Manager recommending approval of the First Amendment to Development
Agreement with Kenneth Oberbroeckling for redevelopment of 253 Main Street to
extend the completion date to March 1, 2016.
RESOLUTION 429-15 Approving the First Amendment to the Development Agreement
between the City of Dubuque, Iowa and Kenneth Oberbroeckling
Suggested Disposition: Receive and File; Adopt Resolution(s)
10. Restrictive Covenant for 2300 Jackson Street
City Manager recommending approval of a Resolution attaching a Restrictive Covenant
to the property at 2300 Jackson Street requiring owner -occupancy for a 21 -year period.
RESOLUTION 430-15 Attaching a Single -Family, Owner -Occupied Residence
Restrictive Covenant to 2300 Jackson Street, Dubuque, IA
Suggested Disposition: Receive and File; Adopt Resolution(s)
5
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11. Platting of City Property in Dubuque Industrial Center South
City Manager recommending approval of the Plat of Survey for Lot 1 and 2 of Dubuque
Industrial Center South Second Addition in the City of Dubuque in order to create two
new Tots to be marketed for potential development.
RESOLUTION 431-15 Approving Plat of Survey of Dubuque Industrial Center South
Second Addition in the City of Dubuque, Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
12. Plat of Survey for Dotter Place No. 2
Zoning Advisory Commission recommending approval of the Plat of Survey for Dotter
Place No. 2 subject to waiving the lot area for Lot 1.
RESOLUTION 432-15 Approving the Plat of Survey for Dolter Place No. 2 in the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
13. Pre -Annexation Agreement - Oberbroeckling
City Manager recommending approval of a Pre -Annexation Agreement with Richard A.
Oberbroeckling and Ronald L. Oberbroeckling for property located adjacent to the City
of Dubuque corporate city limits and as established by the City's Fringe Area
Development Standards of the Unified Development Code.
RESOLUTION 433-15 Approving a Pre -Annexation Agreement between the City of
Dubuque, Iowa and Richard A. Oberbroeckling and Ronald L. Oberbroeckling
Suggested Disposition: Receive and File; Adopt Resolution(s)
6
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14. Pre -Annexation Agreement - City of Dubuque
City Manager recommending approval of pre -annexation agreements and covenants for
the City -owned well and lagoon parcels in the Twin Ridge Subdivision in Key West.
RESOLUTION 434-15 Approving a Pre -Annexation Agreement by the City of Dubuque,
Iowa (Lot 2, Lot B)
RESOLUTION 435-15 Approving a Pre -Annexation Agreement by the City of Dubuque,
Iowa (Lot 18)
Suggested Disposition: Receive and File; Adopt Resolution(s)
15. PEG Capital Grant Expenditure Request
City Manager recommending approval of the Cable TV Commission's request for
funding from the Public, Educational, and Government (PEG) Capital Grant for Access
Equipment and Facilities for the City of Dubuque to install digital encoding equipment
for each PEG channel on the Dubuque system.
Suggested Disposition: Receive and File; Approve
16. Permits Plus Software Upgrade
City Manager recommending replacement of Permits Plus software with the latest
cloud -hosted web -based solution from Accela.
Suggested Disposition: Receive and File; Approve
17. National League of Cities (NLC) Financial Inclusion Cohort Application
City Manager transmitting the National League of Cities (NLC) Financial Inclusion
Cohort application in partnership with Project HOPE.
Suggested Disposition: Receive and File
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18. Water Infrastructure Resiliency Finance Center
City Manager transmitting correspondence to the Iowa Department of Natural
Resources regarding Dubuque volunteering to participate in the EPA -Funded Water
Infrastructure Resiliency Finance Center pilot program.
Suggested Disposition: Receive and File
19. City Assessor's Office - Notification of Property Tax Appeals
Correspondence from City Assessor Rick Engelken advising the City of four property
tax appeals before the Iowa Property Assessment Board.
Suggested Disposition: Receive and File
20. Civil Service Commission
Civil Service Commission submitting the re -certified list for the position of Firefighter.
Suggested Disposition: Receive and File; Make Matter of Record
21. Improvement Contracts / Performance, Payment and Maintenance Bonds
Connolly Construction, Inc., for the 2015 SCADA (Flow Metering Stations) Manhole
Installation Project.
Suggested Disposition: Receive and File; Approve
22. Signed Contracts
Amendment #4 to the Recyclables Processing and Marketing Agreement between the
Dubuque Metropolitan Area Solid Waste Agency (DMASWA), Dittmer Recycling and the
City of Dubuque
Suggested Disposition: Receive and File
8
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23. Alcohol License Applications
City Manager recommending approval of annual beer, Liquor and wine licenses as
submitted.
RESOLUTION 436-15 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
Suggested Disposition: Receive and File; Adopt Resolution(s)
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ITEMS SET FOR PUBLIC HEARING
1. SW Arterial Right of Way Property Acquisition
City Manager recommending the City Council schedule a public hearing for January 19,
2016, on the intent to commence a public improvement project and to establish Just
Compensation Valuation (Fair Market Value) of necessary right-of-way property which
the City intends to acquire or condemn, if required, for the Southwest Arterial Project.
RESOLUTION 437-15 Setting a public hearing on the intent to commence a public
improvement project for the Southwest Arterial Project and to acquire agricultural land
for the Project and to establish just compensation valuation (fair market value) of
necessary right-of-way property which the City intends to acquire or condemn if required
for the Southwest Arterial Project
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
1/19/16
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BOARDS/COMMISSIONS
Application Review
Applicants are 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. Electrical Code Board (Review)
One, 3 -year term through May 21, 2017 (Vacant Electrical backgro n • term of Reiss
Applicant: Zach Dowell, 2055 Winne Ct.
Appointments made at this meeting.
2. Mechanical Board (Appointment) '
One, 3 -year term through Marchi 6, 2016 (Vacant term of Kelly).
Applicant: Dan Hillary, 3087 Arbor Oaks
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3. Mediacom Charitable Foundation (Appointment)
Two, 1 -year terms through December 31, 2016 (Expired terms of Chavenelle and
Twining)
Applicants:
1. Gail Chavenelle, 1155 Kelly Lane;
2. Connie Twining, 421 N. Booth (additional Applicant)
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4. Transit Advisory Board (Appointment)
One, 3 -year term through July 30, 2017 (Vacant term of Stedman).
Applicants:
1. Joel Lightcap, 1985 Alta Vista St.;
2. Dora Serna, 2160 Marion St.
5. Zoning Board of Adjustment (Appointment)
One, 5 -year term through March 25, 2020 (Expired term of Bird).
Applicants:
1. Keith Ahlvin, 264 S, Grandview;
2. Eugene Bird, 3985 Mount Vail Ridge.
This commission is subject to the State of Iowa Gender Balance Law. 5 Commissioners
total; currently 2 males/2 females
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5. Zoning Board of Adjustment (Appointment)
One, 5 -year term through March 25, 2020 (Expired term of Bird).
Applicants:
1. Keith Ahlvin, 264 S, Grandview;
2. Eugene Bird, 3985 Mount Vail Ridge.
This commission is subject to the State of Iowa Gender Balance Law. 5 Commissioners
total; currently 2 males/2 females
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PUBLIC HEARINGS
SUSPEND THE RULES
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1. Historic Millwork District PUD Amendment - Northwest Corner of EIm and 11th
Streets.
Proof of publication on notice of public hearing to consider a request from JD & C, LLC
to amend the Historic Millwork District Planned Unit Development for property located at
the northwest corner of EIm & 11th Streets to accommodate an off-street parking lot and
the Zoning Advisory Commission recommending approval.
ORDINANCE 75-15 Amending Title 16, the Unified Development Code of the City of
Dubuque Code of Ordinances by rescinding Ordinances 02-12, 38-13, and 10-15 which
established regulations for a PUD Planned Unit Development District with a Planned
Commercial Designation for the Historic Millwork District PUD and now being amended
to allow for the development of a new parking lot at the northwest corner of 11th and
EIm Streets
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Final Reading and Adopt
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2. Request to Rezone - 2222 Queen Street
Proof of publication on notice of public hearing to consider a request by Cohen -Esrey
Affordable Partners to rezone property located at 2222 Queen Street from R -2A
Alternate Two -Family Residential District to OR Office Residential District and the
Zoning Advisory Commission recommending approval.
ORDINANCE 76-15 Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by reclassifying hereinafter described property located at
2222 Queen Street from R -2A Alternate Two -Family Residential District to OR Office
Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Final Reading and Adopt
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3. General Obligation Bonds Series 2016BC - Essential Corporate Purpose
Proof of publication on notice of public hearing to approve the suggested proceedings
for the public hearing on the issuance of General Obligation Bonds Series 2016BC and
the City Manager recommending approval.
RESOLUTION 438-15 Instituting proceedings to take additional action for the issuance
of not to exceed $15,555,000 General Obligation Bonds
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
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4. General Obligation Bonds Series 2016ABC - General Corporate Purpose
Proof of publication on notice of public hearing to consider approval of the suggested
proceedings for the public hearing on the issuance on the issuance of not to exceed
$505,000 in Tax -Exempt General Obligation Bonds Series 2016ABC and the City
Manager recommending approval.
RESOLUTION 439-15 Instituting the proceedings to take additional action for the
issuance of not to exceed $505,000 General Obligation Bonds
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
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REINSTATE THE RULES
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ACTION ITEMS
1. Request to Address Council from the Alternative Learning Center Students
Request from the students of the Alternative Learning Center to address the City
Council regarding what they have learned this semester about Sustainable Dubuque.
Suggested Disposition: Receive and File; Council
Yays
Nays
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2. Name Change Proposal - Multicultural Family Center Building (Tabled from
9/21/15)
Correspondence from the Multicultural Family Center Board President John Stewart
supporting the renaming of 1157 Central Avenue to the "Ruby Sutton Building." City
Manager submitting information on potential costs related to the proposed name
change.
Suggested Disposition: 1) Remove from Table; 2) Receive and File, Council
Remove from Table
Yays
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3. Human Rights Commission Recommendations on Criminal Justice
Human Rights Commission submitting its recommendations on criminal justice.
Suggested Disposition: Receive and File
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4. Poison Free Parks Information and Call to Action
City Manager recommending the formation of a City Work Group to draft an Integrated
Pest Management Plan for the city to be presented to the City Council for approval by
July 1, 2015. It is also recommended that the Park and Recreation Commission as well
as the Environmental Stewardship Advisory Commission appoint one representative
each to the work group.
Suggested Disposition: Receive and File; Approve y,4,1Zin /71i" lit414
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5. Donation Requests and Bench Agreements for 2 New Benches on Riverwalk
City Manager transmitting two agreements for approval by the City Council for two new
memorial benches on the Riverwalk.
Suggested Disposition: Receive and File; Approve
Yays
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6. Bee Branch Creek Restoration Project Property Acquisition - 2496 Washington
Street
City Manager recommending the City Council establish the fair market value of the
property owned by Morrison Brothers on Washington Street between E. 24th Street and
E. 25th Street, authorize the City Manager to begin negotiations to acquire the property
required for the Bee Branch Creek Restoration Project, and approve authorization to
acquire the property through eminent domain proceedings should negotiations fail.
RESOLUTION 440-15 Establishing the fair market value and authorizing the acquisition
by Eminent Domain of Certain Real Property owned by Morrison Brothers in the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
Sutton
Jones
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Resnick
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7. J. Thomas Zaber vs. City of Dubuque - Franchise Fees Litigation
City Manager recommending that the Mayor and City Council designate any remaining
funds following distribution from the Settlement Fund from J. Thomas Zaber vs. City of
Dubuque franchise fee litigation be used to reduce the principal of the Judgment Bond.
RESOLUTION 441-15 Providing that any unclaimed funds in the escrow account from
the Franchise Fee Class Action Settlement in Zaber V. City of Dubuque be used for
payment of the Judgment Bond
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
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Jones
Resnick
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8. Wisconsin Independent Network, LLC (WIN) Co -location and Shared Services
Agreement
City Manager recommending approval of a Co -Location and Shared Services
Agreement between the City of Dubuque and Wisconsin Independent Network, LLC.
Suggested Disposition: Receive and File; Approve
Yays
Nays
Sutton
Jones
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9. Request for Work Session - Dubuque Area Convention and Visitors Bureau
City Manager requesting approval to schedule a work session on February 15, 2016, at
5:15 p.m. with the Dubuque Area Convention and Visitors Bureau.
Suggested Disposition: Receive and File; Council
Yays
Nays
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COUNCIL MEMBER REPORTS
24 AA' PUBLIC INPUT
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LOSED SESSION @
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ding Litigation and Propertcquisition — Chapter 21.5(1)(c), -(j) Code of Iowa
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TO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Special Session of the City Council to be
held on Monday, December 21, 2015 at 5:15 PM in the Historic Federal Building
for the purpose of conducting a work session on the Source of Income Update.
Consent Items: Pages n/a
TO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Regular Session of the City Council to be
held on Monday, December 21, 2015 at 6:30 PM in the Historic Federal Building
for the purpose of conducting such business that may properly come before the
City Council.
Consent Items: Pages 1-4
oy D. Buol, Mayor
1