Minutes_City Council Proceedings 8 1 16 CITY 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 Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick,
Rios; City Manager Van Milligen, City Attorney Lindahl
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)
Iowa Governor's Volunteer Award Presentation: Leisure Services Manager Marie
Ware and AmeriCorps Program Director Mary Bridgett Corken-Deutsch presented the
Iowa Governor's Volunteer Award to AmeriCorps Partners in Learning volunteer Liz
Griffin.
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: 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 . Upon motion the documents were
received and filed.
2. Notice of Claims and Suits: Anthony Elskamp for property damage; Mark and
Catherine Helling for property damage; Craig McGrane for vehicle 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: Anthony Elskamp for property damage; Catherine Helling for property
damage; Craig McGrane for vehicle damage. Upon motion the documents were received,
filed and concurred
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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. Upon motion the documents were received and filed.
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. Upon motion the document was received and filed.
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. Upon motion the document
was received and filed.
7. Greater Dubuque Development Corporation 2016 Annual Report: City Manager
transmitting the 2016 Annual Report for Greater Dubuque Development Corporation.
Upon motion the document was received and filed.
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. Upon motion the documents were received and filed and Resolution No. 283-
16 Authorizing REAP Grant Application to Iowa Department of Natural Resources for
Valentine Park Expansion - Land Acquisition Project was adopted, the plan update
approved, and Council Member Joyce Connors confirmed as the Council REAP
Representative.
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. Upon motion the
documents were received, filed and referred to the City Manager.
10. Citizen Petition - English Ridge Green Space: 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. Upon motion the document was received,
filed and referred to the City Manager.
11 . Citizen Petition - Withdrawal from Residential Parking Permit District H: 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
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Keymont Drive. Upon motion the document was received, filed and referred to the 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. Upon motion the documents were received and filed and Resolution No. 284-
16 Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Gary
J. Backes was adopted.
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. Upon motion the
documents were received and filed and Resolution No. 285-16 Approving a Pre-
Annexation Agreement between the City of Dubuque, Iowa and the Elizabeth R. Kirpes
Trust was adopted.
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. Upon motion the documents were received and filed and Resolution No. 286-16
Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and Larry E.
and Sharon A. McDermott was adopted.
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.
Upon motion the documents were received and filed and Resolution No. 287-16
Approving a Pre-Annexation Agreement between the City of Dubuque, Iowa and
Benjamin L. Moyer was adopted.
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. Upon motion the documents were received, filed and made a 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. Upon motion the
documents were received, filed and approved.
18. Sustainable Dubuque Community Grant Recommendations: City Manager
recommending approval of six projects for funding from the Sustainable Dubuque
Community Grant Program. Upon motion the documents were received, filed and
approved.
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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. Upon motion the documents
were received, filed and approved.
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.
Upon motion the documents were received and filed.
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. Upon motion
the documents were received and filed and Resolution No. 288-16 Adopting Supplement
No. 22 to the Code of Ordinances of the City of Dubuque, Iowa was adopted.
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. Upon
motion the documents were received, filed and approved.
23. 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. 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 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 Del Toro. Motion carried 7-0. The City Clerk stated that a resolution had
been added to item #2.
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. Upon motion the
documents were received and filed and Resolution No. 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 was adopted setting a public hearing for a meeting to commence
at 6:00 p.m. on August 15, 2016 in the Historic Federal Building.
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2. Bio Resource 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 BIRD 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. Upon motion the documents were received and
filed and Resolution No. 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 BIRD Three, LLC
was adopted setting a public hearing for a meeting to commence at 6:00 p.m. on August
15, 2016 in the Historic Federal Building.
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their appointment to the
following Boards/Commissions.
1 . Housing Commission (Review): Three, 3-year terms through August 17, 2019
(Expiring Terms of Heimke, Schwendinger, Wall). Applicants: Wesley Heimke, 2350 Knob
Hill Dr.; Dorothy Schwendinger, 3390 Windsor Ave.; David Wall, 333 W. 17th St. Mr. Wall
spoke in support of his re-appointment.
2. Mechanical and Plumbing Code Board (Review): One, 3-year term through March
16, 2019 (Expired term of Papin). Applicant: Paul Papin, 2955 Jackson St. Mr. Papin
spoke in support of his appointment
Appointments were made to the following Boards/Commission.
3. Human Rights Commission (Appointment): One, 3-year term through January 1 ,
2019 (Vacant term of Jones). Applicant: Kate Parks, 486 Clarke Dr. Motion by Connors
to appoint Ms. Parks to a 3-year term through January 1 , 2019. Seconded by Jones.
Motion carried 7-0.
4. Investment Oversight Advisory Commission: One, 3-year term through July 1 , 2019
(Expiring term of Ruden). Applicant: Gary Ruden, PO Box 835. Motion by Lynch to appoint
Mr. Ruden to a 3-year term through July 1 , 2019. Seconded by Del Toro. Motion carried
7-0.
5. Zoning Advisory Commission: One, 3-year term through July 1 , 2018 (Vacant term
of Dietzel); and one, 3-year term through July 1 , 2019 (Expiring Term of Norton).
Applicants: Patrick Norton, 920 Valentine Dr.; and Rich Russell, 2045 Embassy West Dr.
Motion by Jones to appoint Mr. Russel to a 3-year term through July 1 , 2018 and Mr.
Norton to a 3-year term through July 1 , 2019. Seconded by Resnick. Motion carried 7-0.
PUBLIC HEARINGS
1 . Sale of Property - Lot 1-16 and Lot 2-16 in Linhein Subdivision (Behind 850 Mt.
Carmel Road): Proof of publication on notice of public hearing to consider approval of the
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sale of city-owned property legally described as Lot 1-16 and Lot 2-16 in Linhein
Subdivision to Scott and Sandra Cairns and the City Manager recommending approval.
Motion by Connors to receive and file the documents and adopt Resolution No. 292-16
Disposing of an interest in real property by Deed to R. Scott Cairns and Sandra K. Cairns.
Seconded by Jones. Motion carried 7-0.
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. Motion by
Lynch to receive and file the documents and adopt Resolution No. 293-16 Approving the
Adoption of an Urban Revitalization Plan for the 210 Jones Street Urban Revitalization
Area. Seconded by Del Toro. Motion carried 7-0.
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. Motion by Jones to receive and file the
documents and adopt Resolution No. 294-16 Approving an application for voluntary
annexation of territory to the City of Dubuque, Iowa. Seconded by Connors. Motion
carried 7-0.
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. Motion by Lynch to receive and file the documents and adopt
Resolution No. 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. Responding to questions from the
City Council, City Manager Van Milligen and City Engineer Gus Psihoyos provided
information about how traffic flow will be handled at these intersections during peak traffic
hours as impacted by the opening of the nearby roundabout adding an explanation of the
types of grant funds that are used for site-specific projects and re-distributed for projects
that are not. Seconded by Connors. Motion carried 7-0.
PUBLIC INPUT
Jacob Long, 4604 Cardinal Drive, referencing a recent article in the Telegraph Herald
newspaper, expressed his opinion about his fear of public censorship and Council
criticism adding that the change to an earlier start time for City Council meetings is unfair
to newly-elected officials.
AmeriCorps National Civilian Community Corps members Rebecca and Brenan, 350
E. 3rd St. (The William M. Black), addressed the City Council about the ANCC's mission
of service and their current project of restoring the shorelines of the Ice Harbor wetlands.
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They requested information be distributed to local, like-minded organizations and
volunteers interested in independent service projects of any size. The speakers provided
an informational brochure to the City Clerk for distribution.
ACTION ITEMS
1 . Smarter Travel Update Presentation: East Central Intergovernmental Association
(ECIA) Director Chandra Ravada, ECIA Grants/Development Coordinator Marla Quinn,
and Jule Transit Director Candace Eudaley provided a presentation on the Year 1 Update
for the IBM Smarter Travel Project. Topics included: History of travel in Dubuque 1980's
to 2010; Impact of Jule Transit route changes; process to improve Jule Transit; project
description; proposed analytics/optimization process; project sample size and volunteer
requirements; travel diary; mobile application; data analytics; corridor speed and travel
time; bus route optimization approach; role of Jule staff. Motion by Lynch to receive and
file the information. Seconded by Connors. Motion carried 7-0.
2. Comprehensive Plan - Draft Communications Engagement Plan: City Manager
recommending approval of the Communications-Engagement Plan for the 2017 City of
Dubuque Comprehensive Plan. Motion by Connors to receive and file the documents and
approve the recommendation. Seconded by Del Toro. Planning Services Manager Laura
Carstens provided a presentation on the draft plan. Topics included a definition of a
comprehensive plan; why a comprehensive plan is important to residents; description of
the Long Range Planning Advisory Commission; 2017 plan framework, community
engagement process, tools and events; working groups; communication partners; and
the 2016-2017 schedule. Ms. Carstens responded to questions from the City Council
regarding the use of the STAR Community goal areas as a measurement tool in addition
to other activities. Motion carried 7-0.
3. Bee Branch Watershed Flood Mitigation Project Update: Civil Engineer Deron
Muehring made a presentation to the City Council that provided an update on the various
phases of the Bee Branch Watershed Flood Mitigation Project. Topics included a review
of the status of several infrastructure improvement projects; monitoring/maintenance of
the W. 32nd St. Detention Basin, Lower Bee Branch Creek Restoration Project, overlook
structure, floating island and the flood gate replacement; Upper Bee Branch Creek
Restoration construction status and current functionality; recent flooding activity at 22nd
St./Kaufmann Ave. and 17th St.M/. Locust St. and respective future improvements; status
of Bee Branch railroad culverts; and an update on the impervious surface reduction
projects (Green Alley's). Fire Chief Rick Steines reported on the impact flood mitigation
has already had on the Fire Department's activities during recent rain events. Motion by
Connors to receive and file the documents. Seconded by Del Toro. Motion carried 7-0.
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. 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
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two Council meetings prior to the meeting at which it is to be passed be suspended.
Seconded by Connors. City Manager Van Milligen and City Attorney Barry Lindahl
responded to questions from the City Council regarding State mandates that govern
libraries, city funding and that the annual appointment of officers doesn't preclude an
officer from being appointed to terms. Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 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. Seconded by Lynch. Motion carried 7-0.
5. 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. 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. In response to questions from the City Council, Assistant City
Attorney Maureen Quann explained that this amendment arose from discussions about
the new roundabout at Grandview Avenue and Delhi Street, and she offered information
about the requirements for pedestrians crossing at marked and unmarked crosswalks and
the impact on drivers. Motion carried 7-0.
Motion by Connors for final consideration and passage of Ordinance No. 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. Seconded by Rios. Motion carried 7-0.
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. 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 Connors. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 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. Seconded by Connors. Motion carried 7-0.
7. Supplemental Agreement Between the City of Dubuque, City of Sageville and
Dubuque County: City Manager 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). Motion by
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Lynch to receive and file the documents and adopt Resolution No. 296-16 Approving a
Supplemental Agreement between the City of Sageville, Iowa, the City of Dubuque, Iowa,
and Dubuque County, Iowa. Seconded by Connors. Responding to questions from the
City Council, City Manager Van Milligen explained that the agreement is still contingent
upon approval of the Transfer of Jurisdiction and that while there is no funding involved
with this agreement, the City will still have maintenance responsibilities. Motion carried 7-
0.
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. Motion by Lynch to
receive and file the documents and approve the recommendation. Seconded by Connors.
Council Member Del Toro expressed his concern over the increase in wages for the
assistant city attorney position and the impact it may have on future hiring in the
department. The remaining Council Members believed it to be a well-thought out
transitional plan consistent with the City's wage schedule that provided continuity of
service without adding additional expenses. Motion carried 6-1 with Del Toro voting nay.
9. Twenty-Fourth Amendment to City Manager Employment Agreement: Submittal of
the Twenty-Fourth Amendment to City Manager Employment for approval. Motion by
Jones to receive and file the documents and approve the Amendment. Seconded by
Connors. Council Member Del Toro expressed his concern with what he believes is a
higher-than-average cost per capita related to the City Manager's salary, the "creeping
up" of expenses, and favored a cap on salaries. Council Member Connors spoke against
the concept of salary caps. Council Member Resnick supported the agreement stating
that was in line and deserved and thanked Mr. Van Milligen for his dedication. Mayor Buol
stated that this reflects the quality of the city and noted the City Manager's integrity,
persistence and commitment. Motion carried 6-1 with Del Toro voting nay.
10. Request for Work Session - Quarterly Sustainable Dubuque: City Manager
recommending the City Council schedule the Sustainable Dubuque Quarterly Work
Session for Monday, August 29, 2016 at 6:00 p.m. This item was referred back to the City
Manager for an alternate date as Council Member Resnick is unavailable on that date.
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.
Motion by Lynch to receive and file the documents and set the work session as
recommended. Seconded by Jones. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Del Toro recognized Dubuque citizens Curt Ehlinger who is
performing a run across the United States to raise funds and awareness for Muscular
Dystrophy and Kayla Banwarth who is competing at the Olympic Games in Rio de Janeiro
as part of the U.S. Women's Volleyball Team.
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Motion by Jones to enter into closed session at 9:03 p.m. to discuss pending litigation
and property acquisition pursuant to Chapter 21 .5(1)(c), -Q) Code of Iowa. Seconded by
Resnick. 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, Assistant City Attorney Crenna Brumwell, and Assistant City Attorney Maureen
Quann. Motion carried 7-0.
Upon motion the City Council reconvened in open session at 10:04 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 10:05 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
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