8 1 16 Clerk's Skeleton Notes and Meeting CallCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on August 1, 2016 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor BGo1; Council Members Connors, Del TKO''', "Jones, Lyt'ch, Ren ick,
os; City Manager V d Milligen, City Attory 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. Iowa Governor's Volunteer Award Presentation
Presentation of the Iowa Governor's Volunteer Award to AmeriCorps Partners in
Learning volunteer Liz Griffin.
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CONSENT ITEMS
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1. Minutes and Reports Submitted
Catfish Creek Watershed Authority of 4/26; City Council Proceedings of 7/18; Historic
Preservation Commission of 7/21; Human Rights Commission of 6/13; Long Range
Planning Advisory Commission of 7/20; Mechanical Board of 7/19; Sister City
Relationships Advisory Commission of 7/20; Proof of Publication for City Council
Proceedings of 7/5/16; Proof of publication for List of Claims and Summary of Revenues
for Month Ending 5/31.
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Anthony Elskamp for property damage; Mark and Catherine Helling for property
damage; Craig McGrane 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: Anthony
Elskamp for property damage; Catherine Helling for property damage; Craig McGrane
for vehicle damage.
Suggested Disposition: Receive and File; Concur
4. U.S. Conference of Mayors Advisory Board
Correspondence from Senator Chuck Grassley; New York City Mayor Bill de Blasio; and
Rochester Hills, MI, Mayor Bryan Barnett congratulating Mayor Buol on his election to
the U.S. Conference of Mayors Advisory Board.
Suggested Disposition: Receive and File
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5. Teri Goodmann to Serve on US EPA Local Government Advisory Committee
City Manager transmitting correspondence from the U.S. Environmental Protection
Agency inviting Assistant City Manager Teri Goodmann to serve on the EPA's Local
Government Advisory Committee.
Suggested Disposition: Receive and File
6. Recognition of Mary Bridget Corken-Deutsch and AmeriCorps Volunteers
City Manager transmitting correspondence from the Dubuque Community School
District recognizing AmeriCorps Program Director Mary Bridget Corken-Deutsch and
AmeriCorps Volunteers for helping to improve student reading proficiency.
Suggested Disposition: Receive and File
7. Greater Dubuque Development Corporation 2016 Annual Report
City Manager transmitting the 2016 Annual Report for Greater Dubuque Development
Corporation.
Suggested Disposition: Receive and File
8. Resource Enhancement and Protection (REAP) Plan Update, Grant Application
and Committee Representative
City Manager recommending approval of the City of Dubuque's FY 2017 Resource
Enhancement and Protection (REAP) Plan update and the resolution authorizing the
REAP grant application for the Valentine Park Expansion — Land Acquisition Project. It
is further recommended that the City Council confirm Council Member Joyce Connors
as the City representative on the Dubuque County REAP Committee.
RESOLUTION 283-16 Authorizing REAP Grant Application to Iowa Department of
Natural Resources for Valentine Park Expansion - Land Acquisition Project
Suggested Disposition: Receive and File; Approve Update, Adopt Resolution, Confirm
Council Representative
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9. Friends of the Mines of Spain Funding Request
Correspondence from the Friends of the Mines of Spain requesting funding for the
historic Pine Chapel.
Suggested Disposition: Receive and File; Refer to City Manager
10. Citizen Petition - English Ridge Green Space
Citizen petition submitted by the residents of English Ridge Subdivision requesting the
City to provide funding for development of a green space in the area of Stone Valley
Drive.
Suggested Disposition: Receive and File; Refer to City Manager
11. Citizen Petition - Withdrawal from Residential Parking Permit District H
Citizen petition from the residents on Phyllrich Drive requesting withdrawal from the
existing Residential Parking Permit District H by removing Phyllrich Drive between
Keystone Drive and Keymont Drive.
Suggested Disposition: Receive and File; Refer to City Manager
12. Pre -Annexation Agreement - Gary J. Bakes
City Manager recommending approval of a Pre -Annexation Agreement with Gary J.
Backes, for property located at 10750 Key West Drive.
RESOLUTION 284-16 Approving a Pre -Annexation Agreement between the City of
Dubuque, Iowa and Gary J. Backes
Suggested Disposition: Receive and File; Adopt Resolution(s)
13. Pre -Annexation Agreement - Elizabeth R. Kirpes Trust
City Manager recommending approval of a Pre -Annexation Agreement and Covenants
with the Elizabeth R. Kirpes Trust, for property located at 10704 Key West Drive.
RESOLUTION 285-16 Approving a Pre -Annexation Agreement Between the City of
Dubuque, Iowa and the Elizabeth R. Kirpes Trust
Suggested Disposition: Receive and File; Adopt Resolution(s)
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14. Pre -Annexation Agreement - Larry and Sharon McDermott
City Manager recommending approval of a Pre -Annexation Agreement with Larry E.
and Sharon A. McDermott for Lot 6 and Lot 2-6 of paradise Heights Subdivision No. 3 /
13384 BMR Lane.
RESOLUTION 286-16 Approving a Pre -Annexation Agreement between the City of
Dubuque, Iowa and Larry E. and Sharon A. McDermott
Suggested Disposition: Receive and File; Adopt Resolution(s)
15. Pre -Annexation Agreement - Benjamin L. Moyer
City Manager recommending approval of a Pre -Annexation Agreement and Covenants
with Benjamin L. Moyer, property owner of 1072 Lake Eleanor Road, which is part of the
Twin Ridge Subdivision.
RESOLUTION 287-16 Approving a Pre -Annexation Agreement between the City of
Dubuque, Iowa and Benjamin L. Moyer
Suggested Disposition: Receive and File; Adopt Resolution(s)
16. Grand River Center Air Wall Project Award
City Manager recommending that the award for the Grand River Center Air Wall Project
be officially recorded in the minutes of the City Council.
Suggested Disposition: Receive and File; Make Matter of Record
17. Operating Engineers Collective Bargaining Amendment
City Manager recommending approval of an Amendment to the Collective Bargaining
Agreement with the International Union of Operating Engineers, Local #234, to provide
for a work week that consists of ten hours per day and four days per week for full-time
Public Safety Dispatchers effective October 1, 2016 through September 30, 2017.
Suggested Disposition: Receive and File; Approve
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18. Sustainable Dubuque Community Grant Recommendations
City Manager recommending approval of six projects for funding from the Sustainable
Dubuque Community Grant Program.
Suggested Disposition: Receive and File; Approve
19. University of Nebraska -Lincoln (UNL) Climate Adaptation Project
City Manager recommending approval for Sustainable Community Coordinator Cori
Burbach to participate in the University of Nebraska -Lincoln High Plains Regional
Climate Center Climate Adaptation Project at no cost to the City of Dubuque.
Suggested Disposition: Receive and File; Approve
20. Mediacom Communications Company
Correspondence from Lee Grassley, Senior Manager of Government Relations for
Mediacom Communications Company, informing the City of changes to the MCC
channel line-up on or about August 30, 2016.
Suggested Disposition: Receive and File
21. Code of Ordinances - Adoption of Supplement No. 22
City Clerk recommending adoption of Supplement No. 22 to the City of Dubuque Code
of Ordinances.
RESOLUTION 288-16 Adopting Supplement No. 22 to the Code of Ordinances of the
City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
22. Alcohol Compliance Civil Penalty for Alcohol License Holder — Hartig Drug
Co.
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Hartig Drug Co., 2255 John F. Kennedy Road.
Suggested Disposition: Receive and File; Approve
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23. Alcohol License Applications
City Manager recommending approval of annual beer, liquor and wine licenses as
submitted.
RESOLUTION 289-16 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
Suggested Disposition: Receive and File; Adopt Resolution(s)
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ITEMS SET FOR PUBLIC HEARING
1. Heritage Trail Head Parking Lot Project
2. BioResource Development, LLC - Lease at Water & Resource Recovery Center
Added Resolution
8/15/16
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1. Heritage Trail Head Parking Lot Project
City Manager recommending initiation of the public bidding procedure for the Heritage
Trail Head Parking Lot Project, and further recommends that a public hearing be set for
August 15, 2016.
RESOLUTION 290-16 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
8/15/16
2. BioResource Development, LLC - Lease at Water & Resource Recovery Center
City Manager recommending a public hearing be set for August 15, 2016, on the Lease
between the City of Dubuque and BRD Three, LLC at the Water and Resource
Recovery Center. The night of the public hearing, the City Council will also be
considering the Development and Operating Agreement.
RESOLUTION 291-16 Resolution of Intent to dispose of an interest in the City of
Dubuque -owned property by lease between the City of Dubuque and BRD Three, LLC
Suggested Disposition: Receive and File; Adopt Resolution, Set Public Hearing for
8/15/16
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BOARDS/COMMISSIONS
1. Housing Commission (Review)
Three, 3 -year terms through August 17, 2019 (Expiring Terms of Heimke,
Schwendinger, Wall).
Applicants:
1. Wesley Heimke, 2350 Knob Hill Dr.;
2. Dorothy Schwendinger, 3390 Windsor Ave.;
3. David Wall, 333 W. 17St. ,-";
2. Mechanical and Plumbing Code Board (Review)
One, 3 -year term through March 16, 2019 (Expired term of Papin).
Applicant:
1. Paul Papin, 2955 Jackson St.
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3. Human Rights Commission (Appointment)
One, 3 -year term through January 1, 2019 (Vacant term of Jones).
Applicant:
1. Kate Parks, 486 Clarke Dr.
This commission is subject to the State of Iowa Gender Balance Law. 9 Commissioners
total; currently 5 males/3 females
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4. Investment Oversight Advisory Commission (Appointment)
One, 3 -year term through July 1, 2019 (Expiring term of Ruden).
Applicant:
1. Gary Ruden, PO Box 835 (Residency requirement verified)
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5. Zoning Advisory Commission lAmended) (Appointment)
One, 3 -year term through July 1c;'` ~(Vacant term of Dietzel).
One, 3 -year term through July 1, '' Expiring Term of Norton)
Applicants:
2. Patrick Norton, 920 Valentine Dr.; and
3. Rich Russell, 2045 Embassy West Dr.
This commission is subject to the State of Iowa Gender Balance Law. 7 Commissioners
total; currently 4 males/2 females
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PUBLIC HEARINGS
1. Sale of Property - Lot 16 nd Lot 2-16 in Linhein Subdivision (Behinds Mt.
Carmel Road) 14
Proof of publication on notice of public heing to consider approval of the sale of city -
owned property legally described as Lot(t-P and Lot 2-16 in Linhein Subdivision to
Scott and Sandra Cairns and the City Manager recommending approval.
RESOLUTION 292-16 Disposing of an interest in real property by Deed to R. Scott
Cairns and Sandra K. Cairns
Suggested Disposition: Receive and File; Adopt Resolution(s)
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2. 210 Jones Street - Urban Revitalization Plan
Proof of publication on notice of public hearing to consider adoption of an Urban
Revitalization Plan for the 210 Jones Street Urban Revitalization Area and the City
Manager recommending approval.
RESOLUTION 293-16 Approving the Adoption of an Urban Revitalization Plan for the
210 Jones Street Urban Revitalization Area
Suggested Disposition: Receive and File; Adopt Resolution(s)
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3. Annexation - Dubuque Industrial Center West
Proof of publication on notice of public hearing to consider approval of a 100% voluntary
annexation request filed by the City Manager for approximately 21.14 acres of newly
acquired land near the Dubuque Industrial Center West north of Humke Road and west
of Seippel Road to facilitate a lease with Alliant Energy for a new solar energy site.
RESOLUTION 294-16 Approving an application for voluntary annexation of territory to
the City of Dubuque, Iowa
Suggested Disposition: Receiv and File; Adopt Resolution(s)
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4. Grandview Avenue and Loras Boulevard / Grandview Avenue and University
Avenue Intersection Improvements Project
Proof of publication on notice of public hearing to consider approval of plans,
specifications, form of contract, and estimated cost for the Grandview Avenue and
Loras Boulevard and the Grandview Avenue and University Avenue Intersection
Improvements Project and the City Manager recommending approval.
RESOLUTION 295-16 Approval of plans, specifications, form of contract, and estimated
cost for the Grandview Avenue and Loras Boulevard and Grandview Avenue and
University Avenue Intersection Improvement Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
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ACTION ITEMS
1. Smarter Travel Update Presentation
East Central Intergovernmental Association (ECIA) and City staff will be making a
presentation on the IBM Smarter Travel Project.
Suggested Disposition: Receive and File; Presentation
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2. Comprehensive Plan - Draft Communications Engagement Pian
City Manager recommending approval of the Communications -Engagement Plan for the
2017 City of Dubuque Comprehensive Plan. Staff will make a presentation.
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Suggested Disposition: Receive and File; Approve, Presentation
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3. Bee Branch Watershed Flood Mitigation Project Update
Civil Engineer Deron Muehring will make a presentation to the City Council in order to
provide an update on the various phases of the Bee Branch Watershed Flood Mitigation
Project.
Suggested Disposition: Receive and File; Presentation
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4. Code of Ordinances Amendment - Title 2 Board of Library Trustees
City Manager recommending approval of an ordinance which adds a new Title 2,
Chapter 7 which establishes the Board of Library Trustees and provides for the powers,
operation, membership and meetings.
ORDINANCE 37-16 Amending City of Dubuque Code of Ordinances Title 2 Boards and
Commissions by Repealing Chapter 7 Board of Library Trustees and adopting a new
Chapter 7 Board of Library Trustees in lieu thereof establishing the Board of Library
Trustees and Providing for the Powers, Operation, Membership, and Meetings
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Final Reading and Adopt
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fegf5. Code of Ordinances Amendment - Title 9 Use of Crosswalks
City Manager recommending approval of an amendment to the City of Dubuque Code
of Ordinance governing crossing roadways.
ORDINANCE 38-16 Amending City of Dubuque Code of Ordinances Title 9 Motor
Vehicles and Traffic, Chapter 8 Pedestrians' Rights and Duties by repealing Section 9-
8-321.328 Crossing at Other Than Crosswalk and Section 9-8-321.330 Use of
Crosswalks; and by enacting a new Section 9-8-321.328 Use of Crosswalks Providing
for the Procedure for Using Crosswalks in the City
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Final Reading and Adopt
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6. Code of Ordinances Amendment - Title 14 East-West Corridor Moratorium
Extension
City Manager recommending approval of a three-year extension to the moratorium for
construction, rezoning, subdivision review, and site plan approval in the East-West
Corridor Study Area.
ORDINANCE 39-16 Amending City of Dubuque Code of Ordinances Title 14 Building
and Development, Chapter 2 Building Construction, Demolition and moving, Section 14-
2-4 Moratorium for Construction or Other Work on Certain Streets, Areas, or Facilities
by extending the Moratorium
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
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Final Reading and Adopt
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7. Supplement; eement Between the City of Dubuque and the City of
Sageville`
City Mana•er recommending approval of a resolution authorizing the Mayor to execute
a Supplemental Agreement between the City of Dubuque, the City of Sageville, and
Dubuque County which will allow for the transfer of jurisdiction for the roadway segment
of the Northwest Arterial (U.S. Highway 52/U.S. Highway 3).
RESOLUTION 296-16 Approving a Supplemental Agreement between the City of
Sageville, Iowa, the City of Dubuque, Iowa, and Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
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8. Compensation Plan for City Attorney's Office Reorganization
City Attorney recommending approval of the proposed compensation plan for the
reorganization of the City Attorney's Office scheduled to take place October 1, 2016.
Suggested Disposition: Receive and File; Approve
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9. Twenty -Fourth Amendment to City Manager Employment Agreement
Submittal of the Twenty -Fourth Amendment to City Manager Employment for approval.
Suggested Disposition: Receive and File; Approve
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10. Request for Work Session Quarterly Sustainable Dubuque
City Manager recommending the ity Council schedule the Sustainable Dubuque
Quarterly Work Session for Monday, August 29, 2016 at 6:00 p.m.
Suggested Disposition: Receive and File; Council
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11. Request for Work Session - Bee Branch Creek Restoration Project Walking
Tour
City Manager recommending the City Council schedule a work session for a Bee
Branch Creek Restoration Project walking tour on Monday, September 12, 2016, at 5:30
p.m.
Suggested Disposition: Receive and File; Council r
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COUNCIL MEMBER REPORTS
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CLOSED SESSION @. p.m.
Pending Litigation and Property Acquisition — Chapter 21.5(1)(c), -(j) Code of Iowa
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ADJOURNMENT
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p.m.
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Collective Bargaining Non -Public Meeting - Chapter 20.17(3) Code of Iowa
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TO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Regular Session of the City Council to be
held on Monday, August 01, 2016 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