Minutes_City Council Proceedings 6 20 16 CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on June 20, 3016 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors (via telephone), Del Toro, Jones,
Lynch, Rios; City Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Resnick
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)
Northeast Iowa Community College (NICC) 50th Anniversary was accepted by NICC
President Dr. Liang Chee Wee and Board of Trustees Member Dan White.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose
of as indicated. Seconded by Jones. Motion carried 6-0.
1 . Minutes and Reports Submitted: Cable TV Commission of 6/8; City Council
Proceedings of 6/6; Civil Service Commission 6/2; Housing Trust Fund Commission 6/1 ;
Historic Preservation Commission 5/19; Library Board of Trustees Update 5/26; Long
Range Planning Commission 5/19; Parks and Recreation Commission 5/10; Zoning
Advisory Commission 6/1 ; Zoning Board of Adjustments 5/26; Proof of Publication for City
Council Proceedings of 5/16, 5/23 5/31 ; Proof of Publication for Delinquent Water, Sewer,
Refuse and Stormwater Collection Accounts of 5/20, 5/27, 6/3; Proof of Publication for
List of Claims and Summary of Revenues for Month Ending 4/30. Upon motion the
documents were received and filed.
2. Notice of Claims and Suits: Interstate Power and Light Company for property
damage; Jerrod Wernimont for property 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: Interstate Power for property damage; Jerrod Wernimont for property
damage. Upon motion the documents were received, filed and concurred.
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4. University of Iowa Recognizes City Attorney Barry Lindahl: City Manager
transmitting the University of Iowa College of Law 150 People that recognizes City
Attorney Barry Lindahl. Upon motion the document was received and filed.
5. Civil Service Commission - Certified Lists: Civil Service Commission submitting the
certified lists forthe positions of Bus Operator, Landfill Equipment Operator, Police Officer
and Traffic Signal Technician II. Upon motion the documents were received, filed and
made a Matter of Record.
6. Iowa Department of Natural Resources - NPDES Inspection: Correspondence from
the Iowa Department of Natural Resources providing the inspection report for the Water
& Resource Recovery Center(W&RRC). Upon motion the documents were received, filed
and referred to the City Manager.
7. Kerper Court - Verified Claim to Renew Covenants, Conditions and Restrictions:
City Manager recommending approval of a Verified Claim that will extend the restrictions
on use of a property located on Kerper Court for a period of 21 years from the date of
recording. Upon motion the documents were received, filed and approved.
8. Stipulation of Settlement and Notice of Voluntary Settlement - Menard, Inc. Property
Tax Appeal: City Attorney recommending approval of the Stipulation of Settlement and
Notice of Voluntary Settlement for the property tax appeal filed by Menards, Inc. for
property located at 5300 Dodge St. Upon motion the documents were received, filed and
approved.
9. Order of Dismissal - Hillcrest Associates Property Tax Appeal: City Attorney
recommending approval of the Order of Dismissal for a property tax appeal filed by
Hillcrest Associates for property located on Pasadena Drive. Upon motion the documents
were received, filed and approved.
10. Charles Q. Foust - Pre-Annexation Agreement: City Manager recommending
approval of a Pre-Annexation Agreement with Charles Q. Foust, property owner of Lot 11
in Twin Ridge Subdivision. Upon motion the documents were received and filed and
Resolution No. 232-16 Approving a Pre-Annexation Agreement between the City of
Dubuque Iowa and Charles Q. Frost was adopted.
11 . LT Investments, LLC - Pre-Annexation Agreement: City Manager recommending
approval of a Pre-Annexation Agreement with LT Investments, LLC for the subject
property. Upon motion the documents were received and filed and Resolution No. 233-
16 Approving a Pre-Annexation Agreement between the City of Dubuque Iowa and LT
Investments, LLC was adopted.
12. Southwest Arterial Project Property Acquisition — Valentine: City Manager
recommending acceptance of the Warranty Deed and Grant of Easement for Parcel 149
owned by Ronald, Marlene, and Gary Valentine related to the Southwest Arterial Project.
Upon motion the documents were received and filed and Resolution No. 234-16
Accepting a Deed for the Southwest Arterial Project from Ronald L. Valentine and
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Marlene Valentine, and Gary L. Valentine; and Resolution No. 235-16 Accepting a Grant
of Permanent Utility Easement forthe Southwest Arterial Project from Ronald L. Valentine
and Marlene Valentine, and Gary L. Valentine were adopted.
13. Purchase of Services Grant Funding Recommendations: City Manager
recommending approval of the recommended funding for the Fiscal Year 2017 Purchase
of Services Grant applications as recommended by the Community Development
Advisory Commission. Upon motion the documents were received, filed and approved.
14. Purchase of Services Grant Agreement - Dubuque County Extension: City
Manager recommending approval of a Purchase of Services Grant Agreement with
Dubuque County ISU Extension for Fiscal Year 2017. Upon motion the documents were
received, filed and approved.
15. Purchase of Services Grant Agreement - Four Mounds Foundation: City Manager
recommending approval of a Purchase of Services Grant Agreement with Four Mounds
Foundation for Fiscal Year 2017. Upon motion the documents were received, filed and
approved.
16. Purchase of Services Grant Agreement - Northeast Iowa School of Music: City
Manager recommending approval of a Purchase of Services Grant Agreement with
Northeast Iowa School of Music for Fiscal Year 2017. Upon motion the documents were
received, filed and approved.
17. Contracted Services Agreement - America's River Corporation: City Manager
recommending approval of the Contracted Services Agreement with America's River
Corporation for Fiscal Year 2017. Upon motion the documents were received, filed and
approved.
18. Contracted Services Agreement - Crescent Community Health Center: City
Manager recommending approval of the Contracted Services Agreement with Crescent
Community Health Center for Fiscal Year 2017. Upon motion the documents were
received, filed and approved.
19. Contracted Services Agreement - Dubuque Area Convention and Visitors Bureau:
City Manager recommending execution of a Contracted Services Agreement with the
Dubuque Area Convention and Visitors Bureau for Fiscal Year 2017. Upon motion the
documents were received, filed and approved.
20. Contracted Services Agreement - Dubuque Area Labor Management Council: City
Manager recommending approval of the Contracted Services Agreement with the
Dubuque Area Labor-Management Council for Fiscal Year 2017. Upon motion the
documents were received, filed and approved.
21 . Contracted Services Agreement - Dubuque Main Street: City Manager
recommending approval of the Contracted Services Agreement with Dubuque Main
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Street for Fiscal Year 2017. Upon motion the documents were received, filed and
approved.
22. Contracted Services Agreement — Du Ride: City Manager recommending approval
of the Contracted Services Agreement with DuRide for Fiscal Year 2017. Upon motion
the documents were received, filed and approved.
23. Contracted Services Agreement - Every Child I Every Promise: City Manager
recommending approval of a Contracted Services Agreement with Every Child I Every
Promise for Fiscal Year 2017. Upon motion the documents were received, filed and
approved.
24. Contracted Services Agreement - Hills and Dales Senior Center Lifetime Program:
City Manager recommending approval of the Contracted Service Agreement with Hills
and Dales Senior Center Lifetime Program for Fiscal Year 2017. Upon motion the
documents were received, filed and approved.
25. Contracted Services Agreement - Inclusive Dubuque: City Manager recommending
approval of a Contracted Services Agreement with Inclusive Dubuque for Fiscal Year
2017. Upon motion the documents were received, filed and approved.
26. Contracted Services Agreement - Operation: New View Community Action Agency:
City Manager recommending approval of the Contracted Services Agreement with
Operation: New View Community Action Agency for Fiscal Year 2017. Upon motion the
documents were received, filed and approved.
27. Contracted Services Agreement - Community Foundation of Greater Dubuque /
Project H.O.P.E.: City Manager recommending approval of a Contracted Services
Agreement with Community Foundation of Greater Dubuque / Project H.O.P.E. for Fiscal
Year 2017. Upon motion the documents were received, filed and approved.
28. Contracted Services Agreement - Washington Tool Library: City Manager
recommending approval of the Contracted Services Grant Agreement with the
Washington Neighborhood Tool Library for Fiscal Year 2017. Upon motion the documents
were received, filed and approved.
29. Specific and Aggregate Stop Loss Insurance Renewal: City Manager
recommending approval to accept the proposal presented by AIG for Health and
Prescription Drug Plans - Specific and Aggregate Stop Loss Insurance for the plan year
beginning July 1 , 2016, and ending June 30, 2017, and maintaining the current specific
stop loss amount. Upon motion the documents were received, filed and approved.
30. Public Works Department Reorganization: City Manager recommending approval
of the elimination of the current Street/Sewer Maintenance Supervisor position and the
creation of the position of Assistant Public Works Director. It is further recommended that
a Field Supervisor position be created to assist the Assistant Public Works Director with
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on-site management of field operations. Upon motion the documents were received, filed
and approved.
31 . U.S. Department of Housing and Urban Development (HUD) Continuum of Care
Special Needs Assistance Program: City Manager recommending approval of a one-year
renewal application to the Iowa Finance Authority and to the U.S. Department of Housing
and Urban Development for the administration of the Continuum of Care Special Needs
Assistance Program (formerly Shelter Plus Care Program), which provides rental
assistance to homeless persons with disabilities. Upon motion the documents were
received and filed and Resolution No. 236-16 Authorizing the Mayor to execute an
application for the Continuum of Care Grant and Authorizing the Director of Housing and
Community Development and the City Manager to approve the application was adopted.
32. Environmental Review for Continuum of Care Phoenix Housing: City Manager
recommending approval for the Mayor to execute the Environmental Review
Determination as the Certifying Officer for the City of Dubuque. Upon motion the
documents were received, filed and approved.
33. 2016 Justice Assistance Grant (JAG) Application: City Manager recommending
approval to submit the 2016 Justice Assistance Grant (JAG) application. Upon motion the
documents were received, filed and approved.
34. Carnegie-Stout Public Library Maker Space Project Award: City Manager
recommending award of the construction contract for the Carnegie-Stout Public Library
Maker Space Project to the low bidder Tricon General Construction, Inc. Upon motion the
documents were received and filed and Resolution No. 237-16 Awarding public
improvement contract for the Carnegie-Stout Public Library Maker Space Project was
adopted.
35. Workers' Compensation Excess Insurance Renewal Fiscal Year 2016: City
Manager recommending approval of the renewal rate submitted by current carrier, Safety
National, for Fiscal Year 2017 Workers' Compensation Express Insurance. Upon motion
the documents were received, filed and approved.
36. Public, Educational, and Government (PEG) Capital Grant Expenditure Request:
City Manager recommending approval of the Cable TV Commission recommendations
for funding from the Public, Educational, and Government (PEG) Capital Grant for Access
Equipment and Facilities for Loras College and for Dubuque Community Schools for
digital routing upgrades to their control rooms to allow them to send true digital signals to
Mediacom. Upon motion the documents were received, filed and approved.
37. Iowa Department of Transportation (DOT) Agreement - Chavenelle Rd Hike/Bike
Trail: City Manager recommending authorization for the Mayor to sign the Federal Aid
Agreement for Transportation Alternative Program and the DMATS TAP Agreement for
funding the Chavenelle Road Hike/Bike Trail between Seippel Road and the NW Arterial.
Upon motion the documents were received and filed and Resolution No. 238-16
Approving the Dubuque Metropolitan Area Transportation Study (DMATS) Transportation
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Alternatives Program (TAP) Agreement; and Resolution No. 239-16 Approving the Iowa
Department of Transportation Federal Aid Agreement for a Transportation Alternatives
Program (TAP) Project Earmark Funded Project were adopted.
38. South Fork Catfish Creek to Timber-Hyrst #4 North Line Creek Crossings 2016
Project Acceptance: City Manager recommending acceptance of the public improvement
construction contract for the Timber Hyrst Estates #4 Sanitary Sewer North Line Project
as completed by Connolly Construction, Inc. Upon motion the documents were received
and filed and Resolution No. 240-16 Accepting the Timber Hyrst Estates #4 Sanitary
Sewer North Line Project and Authorizing the Payment to the Contractor was adopted.
39. South Fork Catfish Creek to Timber-Hyrst #4 South Line Creek Crossings 2016
Project Acceptance: City Manager recommending acceptance of the public improvement
construction contract for the Timber Hyrst Estates #4 Sanitary Sewer South Line Project
as completed by Connolly Construction, Inc. Upon motion the documents were received
and filed and Resolution No. 241-16 Accepting the Timber Hyrst Estates #4 Sanitary
Sewer South Line Project and Authorizing the Payment to the Contractor was adopted.
40. Eagle Point Park Parking Lot Resurfacing Project Acceptance: City Manager
recommending acceptance of the public improvement construction contract for the Eagle
Point Parking Lot Resurfacing Project as completed by River City Paving. Upon motion
the documents were received and filed and Resolution No. 242-16 Accepting the Eagle
Point Parking Lot Resurfacing Project and Authorizing the Payment to the Contractor was
adopted.
41 . SRF Green Alley Project Bid Set 6 - Year 1 Project Acceptance: City Manager
recommending acceptance of the construction contract and the establishment of the Final
Schedule of Assessments for the SRF Green Alley Bid Set 6 — Year 1 Project as
completed by Drew Cook and Sons Excavating. Upon motion the documents were
received and filed and Resolution No. 243-16 Accepting the SRF Green Alley Project -
Bid Set 6 -Year 1 and Authorizing the Payment of the Contract Amount to the Contractor;
and Resolution No. 244-16 Adopting the Final Assessment Schedule for the SRF Green
Alley Project - Bid Set 6 Year 1 were adopted.
42. Dittmer Recycling Incorporated - Recyclables Processing Agreement: City
Manager recommending approval of a five-year agreement with Dittmer Recycling
Incorporated for processing and marketing the City's collected recyclables. Upon motion
the documents were received, filed and approved.
43. Signed Contracts: American Builders and Contractors (ABC) Supply Co., Inc.,
Second Amendment to Lease Agreement with the City of Dubuque; Iowa Department of
Inspections and Appeals Interagency Agreement with the City of Dubuque for Food
Establishments; Selser Schaefer Architects for the Five Flags Theater and Ham House
Masonry Projects; Top Grade Excavating Change Order for the Key West Drive Water
Main Extension Project. Upon motion the documents were received and filed.
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44. Improvement Contracts / Performance, Payment and Maintenance Bonds: Dan
Arensdorf Construction, Inc. for the 2016 Asphalt Overlay Access Ramp Project One.
Upon motion the documents were received, filed and approved.
45. Alcohol and Tobacco 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. 245-16 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. 246-16 Approving applications for
retail cigarette/tobacco sales/nicotine/vapor permits, as required by Iowa Code 453A.47A
were 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 Del Toro. Motion carried 6-0.
1 . 210 Jones Street - Urban Revitalization Plan: City Manager recommending set a
public hearing for August 1 , 2016, on the adoption of an Urban Revitalization Plan for the
210 Jones Street Urban Revitalization Area. Upon motion the documents were received
and filed and Resolution No. 247-16 Fixing the Date for a Public Hearing on the Matter of
the Adoption of a Proposed Urban Revitalization Plan for the 210 Jones Street Urban
Revitalization Area was adopted setting a public hearing for a meeting to commence at
6:30 p.m. on August 1 , 2016 in the Historic Federal Building.
2. Dubuque River Rides Docking Lease Agreement: City Manager recommending the
City Council set a public hearing on the proposed Docking License Agreement with
Dubuque River Rides for July 5, 2016. Upon motion the documents were received and
filed and Resolution No. 248-16 Resolution of Intent to dispose of an interest in City-
owned real estate in the Dubuque Ice Harbor by Docking License Agreement to Dubuque
River Rides, 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 6:30 p.m. on
July 5, 2016 in the Historic Federal Building.
BOARDS/COMMISSIONS
Appointments to the following commissions were made at this meeting.
1 . Arts and Cultural Affairs Advisory Commission: Four, 3-year terms through June 30,
2019 (Expiring Arts Representative terms of O'Rourke-Rosenow, Riedel, Kluseman and
Teckemeyer). All applicants applied for the Arts Representative designation. Applicants:
Nicholas Bratcher, 610 West 5th St.; Bibi Burke, 1155 Arrowhead Dr.; Gail Chavenelle,
1155 Kelly Ln. (Additional Applicant); Ali Levasseur, 1318 Jackson St. (Additional
Applicant); Marina O'Rourke-Rosenow, 2085 Mullin Rd.; Susan Riedel, 282 Kelly's Bluff
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St.; David Schmitz, 1270 Arrowhead Dr.; Mary Thomas Armstrong, 728 Alta Vista; Audrea
Walsh, 803 Lincoln Ave.; Chad Witthoeft, 430 Alpine St. (Additional Applicant).
Upon roll-call vote, Nicolas Bratcher (3), Susan Riedel (6), David Schmitz (6) and Mary
Armstrong (3) were appointed to 3-year terms through June 30, 2019. (Bratcher = Jones,
Lynch, Connors; Burke = Del Toro, Rios; Chavenelle = Lynch; Levasseur = Connors;
O'Rourke = Del Toro, Rios; Riedel = All; Schmitz = All; Armstrong = Jones, Lynch, Buol;
Walsh = 0; Witthoeft = 0)
2. Civic Center Advisory Commission: Two, 3-year terms through June 29, 2019
(Expiring terms of Bakke and Hill). Applicants: Rod Bakke, 3030 Karen St.; McKenzie Hill,
333 E. 10th St. #234. Motion by Lynch to appoint Mr. Bakke and Ms. McKenzie to 3-year
terms through June 29, 2019. Seconded by Del Toro. Motion carried 6-0.
3. Historic Preservation Commission: One, 3-year term through July 1 , 2018 (Vacant
term of Krueger — At-Large); Two, 3-year terms through July 1 , 2019 (Expiring terms of
Kopczyk— Jackson Park District and Nieto —W. 11 th District). Applicants: Alfred Kopczyk,
1320 Locust St. (Qualifies for Jackson Park District and At-Large); Juan Nieto, 510 W.
11th St (Qualifies for W. 11th District and At-Large); Leslie Terry, 390 Hill St. (Qualifies
for At-Large only). Motion by Jones to appoint Leslie Terry to the 3-year, at-large term
through July 1 , 2018; Juan Nieto to the 3-year, 11 th St. District term through July 1 , 2019;
and Alfred Kopczyk to the 3-year, Jackson Park District term through July 1 , 2019.
Seconded by Lynch. Motion carried 6-0.
4. Housing Commission: One, 3-year term through August 17, 2016 (Vacant term of
Woods). Applicant: Wesley Heimke, 2350 Knob Hill Dr. Motion by Lynch to appoint Mr.
Heimke to a 3-year term through August 17, 2016 (correct term date is 2016). Seconded
by Rios. Motion carried 6-0.
5. Investment Oversight Advisory Commission: One, 3-year term through July 1 , 2019
(Expiring term of Reisdorf). Applicant: Stephen Reisdorf, 740 Brookview Sq. Motion by
Lynch to appoint Mr. Reisdorf to a 3-year term through July 1 , 2019. Seconded by Del
Toro. Motion carried 6-0.
6. Library Board of Trustee: Two, 4-year terms through July 1 , 2020 (Expiring terms of
Connors and Allred). Applicants: Robert Armstrong, 728 Alta Vista St.; Christina Monk,
2005 North Main St.; Irene Raby, 160 N. Algona St. (Additional Applicant). Upon Council
concurrence, Mayor Buol appointed Mr. Armstrong and Ms. Monk to 4-year terms through
July 1 , 2020.
7. Long Range Planning Advisory Commission: One, 3-year term through July 1 , 2019
(Expiring term of Winterwood). Applicant: Charles Winterwood, 555 Montrose Ter. Motion
by Jones to appoint Mr. Winterwood to a 3-year term through July 1 , 2019. Seconded by
Lynch. Motion carried 6-0.
8. Parks and Recreation Advisory Commission: Three, 3-year terms through June 30,
2019 (Vacant term of Schlueter and Expiring terms of Larson and Lyness). Applicants:
Robert Blocker, 880 Kane St.; Richard Kirkendall, 1725 Alta PI.; Katherine Larson, 2535
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Traut Ter.; Karen Lyness, 89 Alpine St. Upon roll-call vote Mr. Kirkendall (4); Ms. Larson
(6) and Ms. Lyness (6) were appointed to 3-year terms through June 30, 2019. (Blocker
= Del Toro, Connors; Kirkendall = Rios, Jones, Lynch, Buol; Larson = all; Lyness = all)
PUBLIC HEARINGS
1 . Request to Rezone - W. 32nd Street Parcel by Dubuque PONY League: Proof of
publication on notice of public hearing to consider a request by the Dubuque PONY
League / Greg Yoko to rezone 77.37 acres of property located at W. 32 Street (PIN 10-
15-276-004) at Carter Road from AG Agricultural to CR Commercial Recreation Zoning
District and the Zoning Advisory Commission recommending denial (lack of affirmative
votes). The City Clerk acknowledged receipt of correspondence from Greg Yoko
requesting the request be returned to the Zoning Advisory Commission. Motion by Jones
to refer the request back to the Zoning Advisory Commission Seconded by Lynch. Motion
carried 6-0.
2. Hodge Company Lease Agreement: Proof of publication on notice of public hearing
to consider approval of a riverfront lease agreement with Hodge Company to lease 8.89
acres on Purina Drive and the City Manager recommending approval. Motion by Lynch
to receive and file the documents and adopt Resolution No. 249-16 Approving the
Disposal of an Interest in Real Property Owned by the City of Dubuque by Lease between
the City of Dubuque, Iowa and Hodge Company. Seconded by Jones. Motion carried 6-
0.
3. Vacate Petition - Stone Valley Drive Right-of-Way: Proof of publication on notice of
public hearing to consider approval of a request from NEZTROP, LLC to vacate a portion
of right-of-way of Stone Valley Drive in Stone Brook Center Second Addition and the City
Manager recommending approval. Motion by Lynch to receive and file the documents
and adopt Resolution No. 250-16 Vacating a portion of Stone Valley Drive between U.S.
Highway 20 and Boulder Brook Court to be known as Lot 1 of Lot A of Stone Brook Center
Second Addition, in the City of Dubuque, Iowa; and Resolution No. 251-16 Disposing of
City Interest in Lot 1 of Lot A of Stone Brook Center Second Addition, in the City of
Dubuque, Iowa. Seconded by Jones. Motion carried 6-0.
4. 30-Inch Force Main Relocation Project from 7th Street to 12th Street (Phase II):
Proof of publication on notice of public hearing to consider approval of the plans,
specifications, form of contract and the estimated cost for Phase II of the 30-Inch Force
Main Relocation Project from 11th Street to 12th Street and the City Manager
recommending approval. Motion by Lynch to receive and file the documents and adopt
Resolution No. 252-16 Approval of Plans, Specifications, Form of Contract, and
Estimated Cost for Phase II of the 30-Inch Force Main Relocation Project from 11th Street
to 12th Street. Seconded by Jones. Motion carried 6-0.
5. Reallocation of Series 2012H General Obligation Bond Proceeds: Proof of
publication on notice of public hearing to consider the reallocation of not-to-exceed
$500,000 of the unspent proceeds of the General Obligation Bond Series 2012H from the
renovation of the second floor of the Multicultural Family Center to fund the acquisition of
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the Colts Drum & Bugle Corps building at 1101 Central Avenue and the City Manager
recommending approval. Motion by Jones to receive and file the documents and adopt
Resolution No. 253-16 Instituting Proceedings to Take Additional Action and Approving
the Reallocation of Certain Unspent Proceeds of the General Obligation Bonds, Series
2012H, of the City of Dubuque, Iowa. Seconded by Lynch. Motion carried 6-0.
PUBLIC INPUT
Public comment was received relating to the Action Item #1 on the Integrated Pest
Management Program: Carolyn Pettit-Lange, 549 Almond St.; Hillary Baker, 2575
Broadway St.; Brian Blair and Noah Blair, 3895 Creston St.; and Mary Loney Bichell, 595
W. 11 th St. addressed the City Council about their concerns with the use of pesticides and
toxic chemicals in public parks/areas, with some requesting a broader ban on chemicals,
citing related personal health issues, stating that the Integrated Pest Management
Program is a good beginning, and endorsing ongoing committee work. Ms. Lange
submitted an on-line petition requesting a ban on toxic pesticides from Dubuque Public
Spaces.
ACTION ITEMS
1 . Integrated Pest Management Program and Presentation (IPM): City Manager
recommending adoption of an Integrated Pest Management Program. Staff will make a
presentation. Restated motion by Lynch to Receive and file the documents and approve
the recommendation. Seconded by Jones. Motion carried 6-0. City staff members
Sustainability Coordinator Cori Burbach, Leisure Services Manager Marie Ware, Health
Services Manager Mary Rose Corrigan, Jeff Ahlers, Public Works Director John
Klostermann, Recreation Division Manager Dan Kroger, and Parks Division Manager
Steve Fehsal provided a presentation on the IPM with topics including background/history
of the IPM work group, current and adjusted city practices, state/federal regulations,
budget impact and public education/information.
2. Definition of Related Party Transaction: City Manager recommending approval of a
resolution defining "direct and indirect interest' to include spouse and unemancipated
minor children of a City employee or officer for related party transactions. Motion by Lynch
to receive and file the documents and adopt Resolution No. 254-16 Approving the
definition of a direct or indirect interest for purposes of Iowa Code § 362.5 Prohibiting a
City Officer or employee from having a "direct or Indirect interest' in a contract with the
City. Seconded by Rios. Motion carried 6-0.
3. Comprehensive Plan Update Contract: City Manager recommending approval of the
selection of Teska Associates as the consultant to undertake the City of Dubuque
Comprehensive Plan Update. It is further recommended that the City Manager be
authorized to negotiate a contract with Teska Associates, with plan documents completed
and ready for adoption by August 30, 2017. Motion by Lynch to receive and file the
documents and approve the recommendation. Seconded by Jones. Motion carried 6-0.
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4. Contracted Services Agreement - Greater Dubuque Development Corporation for
Fiscal Year 2017: City Manager recommending approval of a contracted Services
Agreement with Greater Dubuque Development Corporation for Fiscal Year 2017 and
amendment to the Fiscal Year 2016 funding. Motion by Jones to receive and file the
documents and approve the recommendation. Seconded by Lynch. Motion carried 6-0.
5. Request for Proposals - Commercial Real Estate: City Manager recommending
approval to release a Request for Proposals for real estate services related to properties
owned by the City of Dubuque. Motion by Jones to receive and file the documents and
approve the recommendation. Seconded by Rios. Motion carried 6-0.
6. Code of Ordinances Amendment - Title 4 Chapter 7 Vehicles for Hire and Public
Transportation: City Manager recommending approval of amendments to Title 4,
Business and License Regulations, Chapter 7, Vehicles for Hire and Public
Transportation, Article B, Motorized Vehicles for Hire, Section 4-713-8. 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 Lynch. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 29-16 Amending
City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter
7 Vehicles for Hire and Public Transportation, Article B Motorized Vehicles For Hire,
Section 4-7b-8 Taxicab Business License and Taxicab Driver's Permit to Include
Ineligibility Criteria for a Taxicab Driver's Permit and Additional Reasons for Denial,
Suspension, or Revocation of a Taxicab Driver's Permit. Seconded by Lynch. Motion
carried 6-0.
7. Code of Ordinances Amendment - Title 6 International Property Maintenance Code
Amendments: City Manager recommending approval of an ordinance which amends
Ordinance 8-16 by adjusting the notice of violation provision, adding definitions for
"Building Official" and "Code Official", and modifying the Housing Board of Appeal
provisions to be consistent with the provisions for other boards and commissions of the
City. Motion by Lynch 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
priorto the meeting atwhich it isto be passed be suspended. Seconded by Jones. Motion
carried 6-0.
Motion by Lynch for final consideration and passage of Ordinance No. 30-16 Amending
Ordinance 8-16 which repealed Title 6, Chapter 6 of the City of Dubuque Code of
Ordinances and all other Ordinances or parts of laws in conflict therewith; adopted the
2015 Edition of the International Property Maintenance Code, regulating and governing
the conditions and maintenance of all property, buildings, and structures; provided the
standards for supplied utilities and facilities and other physical things and conditions
essential to ensure that structures are safe, sanitary and fit for occupation and use; and
condemning buildings and structures unfit for human occupancy and use, and the
demolition of such existing structure in the City of Dubuque; provided for the issuance of
permits and collection of fees therefor; and adopted a new Article within Title 14, Chapter
1 as Article J; by adjusting the Notice of Violation provision, adding definitions for Building
Official and Code Official, and modifying the Housing Board of Appeal Provisions to be
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consistent with the provisions for other Boards and Commissions of the City. Seconded
by Jones. Motion carried 6-0.
8. Code of Ordinances Amendment - References to Title 6, Chapter 6 Former Housing
Code: City Manager recommending approval of an ordinance which adjusts any
references to Title 6, Chapter 6 to the updated and proper Code resulting from adoption
of the International Property Maintenance Code. Motion by Lynch 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 Rios. Motion carried 6-0.
Motion by Lynch for final consideration and passage of Ordinance No. 31-16 Amending
City of Dubuque Code of Ordinances: Title 2 Boards and Commissions, Chapter 5; Title
3 Revenue and Taxation, Chapter 4; Title 6 Health, Housing, Sanitation and Environment,
Chapter 4; Title 8 Human Rights, Chapter 5; Title 14 Building and Development, Chapters
2 & 3; Title 14 Building and Development, Chapter 4 by replacing any references to
"Housing Code" with "Property Maintenance Code" and any references to "Title 6,
Chapter 6" with "Title 14, Chapter 1" and by replacing the definition of "Housing Code"
with "Property Maintenance Code." Seconded by Jones. Motion carried 6-0.
9. Code of Ordinances Amendment - Title 2 Resilient Community Advisory
Commission: City Manager is recommending the formation of a Resilient Community
Advisory Commission as initiated during the August 2015 City Council goal-setting
process. 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 Lynch. Motion
failed 5-1 with Del Toro voting nay.
Motion by Jones to consider the first reading of a proposed ordinance Amending City
of Dubuque Code of Ordinances Title 2 Boards and Commissions by Repealing Chapter
6 Environmental Stewardship Advisory Commission and Adopting a New Chapter 6
Resilient Community Advisory Commission in Lieu Thereof Establishing the Resilient
Community Advisory Commission and Providing for the Powers, Operation, Membership,
and Meetings. Seconded by Lynch. Motion carried 5-1 with Del Toro voting nay. Health
Services Manager Mary Rose Corrigan and Sustainability Coordinator Cori Burbach
provided a verbal presentation that recapped the process and resources used to create
the commission and reviewed results of the community engagement sessions.
10. National Disaster Resilience Grant (NDRG): City Manager recommending approval
of the implementation plan associated with the National Disaster Resilience Grant
(NDRG) from the U.S. Department of Housing and Urban Development (HUD). Staff
made a presentation. Motion by Jones to receive and file the documents and approve the
recommendation. Seconded by Lynch. Motion carried 6-0.
Assistant City Manager Teri Goodmann, Civil Engineer Deron Muehring, Housing and
Community Development Director Alvin Nash, Health Services Manager Mary Rose
Corrigan, and Senior Budget Analyst Alexis Steger provided a slide presentation on the
grant competition. Topics included an introduction and overview, review of infrastructure,
city flooding history, housing/neighborhood/community impact, Green and Healthy
Homes Initiative, staffing framework and budget components.
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COUNCIL MEMBER REPORTS
Council Member Jones reported on the death of former City/County Emergency
Management Director Robert "Bob" Gooch on June 16, 2016.
CLOSED SESSION
Motion by Jones to convene in closed session at 10:07 p.m. to discuss pending
litigation and property acquisition pursuant to Chapter 21 .5(1)(c), -Q) Code of Iowa.
Seconded by Rios. Motion carried 6-0. Mayor Buol stated for the record that the attorneys
who will consult with City Council on the issues to be discussed in the closed session are
City Attorney Barry Lindahl, and Assistant City Attorney Maureen Quann.
Upon motion, the City Council reconvened in open session at 10:37 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 10:38 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
1 t 6/29
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