9 6 16 Clerk's Skeleton NotesCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on September , 2016
in the Historic Federal Building, 350 W. 6th Street.
resent: Mayor Bol; Council Members Conn Del T, Jones, Lynch, Resnick,
fLRios, ity Manager V 9 Millige City Attorr y Lindahl
Absent:
1/9
40,7
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
SWEARING IN
1. Mayor Buol to Swear In Mayor Pro -Tem Kevin Lynch
PROCLAMATION(S)
1
1. Kayla Banwarth Day (August 25, 2016) ,�/ ,,, ,. ,1.1 212
2. Days of Peace and Ceasefire (September 13-25, 2016) was accepted by
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CONSENT ITEMS
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1. Minutes and Reports Submitted
City Council Proceedings of 8/15, 8/30; Community Development Advisory Commission
of 8/16; Library Board of Trustees Update #151 of 7/28; Transit Advisory Board of 8/11;
Proof of Publication for City Council Proceedings of 8/1, 8/2, 8/3, 8/4 and 8/15; Proof of
Publication for List of claims and Summary of Revenues for Month Ending 7/11;
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Barbara Kelly for vehicle damage; Newel Marcov for vehicle damage; and James Weitz
for property 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: Barbara Kelly for
vehicle damage; Newel Marcov for vehicle damage; and James Weitz for property
damage.
Suggested Disposition: Receive and File; Concur
4. Government Finance Officers Association (GFOA) Certificate of Achievement
for Excellence in Financial Reporting
City Manager transmitting the 28th consecutive Certificate of Achievement for
Excellence in Financial Reporting from the Government Finance Officers Association
(GFOA) for Fiscal Year ended June 30, 2015.
Suggested Disposition: Receive and File
2
Yays
Nays
Del Toro
Resnick
Connors
Lynch
Rios
Jones
Buol
5. Ermina Soler Named Wonder Women: Heroines of Dubuque by Girl Scouts of
Eastern Iowa and Western Illinois
Correspondence from the Girl Scouts of Eastern Iowa and Western Illinois honoring
Circles Coordinator Ermina Soler with the Wonder Women - Heroines of Dubuque
Award.
Suggested Disposition: Receive and File
6. Dubuque Jaycees 2017 Fireworks Request
Correspondence from Thomas Parsley, General Manager for Radio Dubuque, in
partnership with the Dubuque Jaycees requesting approval to conduct a fireworks
display on Sunday, July 3, 2017 from 9:00 p.m. to 10:30 p.m. on Volunteer Road
between Hawthorne and Lime Streets with a rain date of July 4.
Suggested Disposition: Receive and File; Approve
7. Appointment to Housing Trust Fund Committee
Housing Commission recommending approval to appoint Commissioner Dorothy
Schwendinger as the Commission's representative on the Housing Trust Fund
Committee.
Suggested Disposition: Receive and File; Approve
8. Workers' Compensation Settlement for James Hoerner
City Attorney recommending approval of an Agreement for Settlement regarding a
Workers' Compensation claim that was filed against the City of Dubuque by James
Hoerner.
Suggested Disposition: Receive and File; Approve
9. Zaber v. City of Dubuque
City Attorney transmitting the Court ruling from Zaber v. City of Dubuque ordering the
distribution of unclaimed funds from the settlement account to four charitable
organizations and requesting authorization for the City Attorney's Office to take such
action as may be appropriate to seek review of the ruling by the Iowa Appellate Courts.
Suggested Disposition: Receive and File; Approve
3
Yays
Nays
Del Toro
Resnick
Connors
Lynch
Rios
Jones
Buol
10. Iowa DOT Funding Agreement - NW Arterial and Chavenelle Road Left Turn
Lane Improvements
City Manager recommending approval for the Mayor to execute a Funding Agreement
with the Iowa Department of Transportation for an Urban -State Traffic Engineering
Program (U -STEP) grant to assist with the construction of proposed left turn lane
improvements at the intersection of the Northwest Arterial and Chavenelle Road.
RESOLUTION 306-16 Approving a Funding Agreement (No. 6-16-USTEP-15) with the
Iowa Department of Transportation for an Urban -State Traffic Engineering Program (U -
STEP) Grant to assist with the construction of proposed left turn lane improvements at
the intersection of Northwest Arterial and Chavenelle Road
Suggested Disposition: Receive and File; Adopt Resolution(s)
11. Retitling of Position - Public Works Truck Driver to Utility Worker
City Manager recommending approval to retitle the position of Truck Driver to Utility
Worker in the Public Works Department.
Suggested Disposition: Receive and File; Approve
12. Public Works - Change in Equipment Operator Position
City Manager recommending approval to create one additional Landfill Equipment
Operator position and eliminate one Equipment Operator II position in the Public Works
Department.
Suggested Disposition: Receive and File; Approve
13. Pre -Annexation Agreement - TeKippe
City Manager recommending approval of a Pre -Annexation Agreement with Kenneth J.
and Marlene TeKippe, property owners of Lot 9 in Twin Ridge Subdivision No. #4.
RESOLUTION 307-16 Approving a Pre -Annexation Agreement between the City of
Dubuque, Iowa and Kenneth J. and Marlene TeKippe
Suggested Disposition: Receive and File; Adopt Resolution(s)
4
Yays
Nays
Del Toro
Resnick
Connors
Lynch
Rios
Jones
Buol
14. Pre -Annexation Agreement - Hardwood Flooring Services, Inc.
City Manager recommending approval of a Pre -Annexation Agreement with Hardwood
Flooring Services, Inc., proper owner of 10638 Key West Drive.
RESOLUTION 308-16 Approving a Pre -annexation Agreement between the City of
Dubuque, Iowa and Hardwood Flooring Services, Inc.
Suggested Disposition: Receive and File; Adopt Resolution(s)
15. Purchase of Services Grant - Four Mounds HEART Program
City Manager recommending approval of a Community Development Block Grant
Agreement with Four Mounds HEART Program for Fiscal Year 2017 to provide youth
education and training opportunities.
Suggested Disposition: Receive and File; Approve
16. Tri-State Occupational Health Agreement Amendment
City Manager recommending approval of an Amendment to the Agreement between Tri-
State Occupational Health, L.L.C. and the City of Dubuque for case management
services for workers compensation claims and Police and Fire job related injuries and
illnesses.
Suggested Disposition: Receive and File; Approve
17. Childhood Lead Poisoning Prevention Programs Contracts and Subcontracts
City Manager recommending approval of a contract with the Dubuque County Board of
Health and the Iowa Department of Public Health for continued funding of the Childhood
Lead Poisoning Prevention Program, and a renewed agreement with the Visiting Nurse
Association for services related to the Childhood Lead Poisoning Prevention Program
and Healthy Homes Program.
Suggested Disposition: Receive and File; Approve
5
Yays
Nays
Del Toro
Resnick
Connors
Lynch
Rios
Jones
Buol
18. Felderman's Subdivision - Acceptance of Improvements
City Manager recommending acceptance of the public improvements that the
developer, Arboretum Development LLC, has recently completed in Felderman's
Subdivision.
RESOLUTION 309-16 Accepting public improvements in Felderman's Subdivision in the
City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
19. Pebble Cove Subdivision and Pebble Cove #2 Subdivision - Acceptance of
Improvements
City Manager recommending acceptance of the public improvements that the
developer, Kivlahan Farms L.C., has recently completed in Pebble Cove Subdivision
and Pebble Cove #2 Subdivision.
RESOLUTION 310-16 Accepting public improvements in Pebble Cove Subdivision and
Pebble Cove #2 Subdivision, in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
20. 2016 Asphalt Overlay Access Ramp Project Two Award
City Manager recommending the award for the 2016 Asphalt Overlay Access Ramp
Project Two be officially recorded in the minutes of the City Council.
Suggested Disposition: Receive and File; Make Matter of Record
21. 2016 Asphalt Overlay Access Ramps Project Three Award
City Manager recommending that the award for the 2016 Asphalt Overlay Access Ramp
Project Three be officially recorded in the minutes of the City Council.
Suggested Disposition: Receive and File; Make Matter of Record
6
Yays
Nays
Del Toro
Resnick
Connors
Lynch
Rios
Jones
Buol
22. AECOM Technical Services, Inc. - SW Arterial Supplemental Agreement No. 17
City Manager recommending authorization to execute a supplemental agreement with
AECOM Technical Services, Inc., subject to the concurrence of the Iowa Department of
Transportation, which approves revisions to the original scope of services to the
Consultant Professional Services Contract to complete the final engineering design
phase of the Southwest Arterial.
RESOLUTION 311-16Approving the Consultant Professional Services -Supplemental
Agreement No. 17 between AECOM Technical Services, Inc. and the City of Dubuque
for the completion of final engineering design phase of the Southwest Arterial Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
23. Signed Contracts Towing Service Contract Amendment with Wenzel Towing
Wenzel Towing Service Contract Amendment to FY 2016-2018 Contract
Suggested Disposition: Receive and File
24. Alcohol Compliance Civil Penalty for Alcohol License Holder — Buffalo Wild
Wings
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Buffalo Wild Wings, 2805 Northwest Arterial.
Suggested Disposition: Receive and File; Approve
25. Alcohol Compliance Civil Penalty for Alcohol License Holder - Ron's Discount
Smokes
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Ron's Discount Smoke & Beverage Center #1,
3300 Asbury Road.
Suggested Disposition: Receive and File; Approve
Yays
Nays
Del Toro
Resnick
Connors
Lynch
Rios
Jones
Buol
26. Alcohol License Applications
City Manager recommending approval of annual beer, liquor and wine licenses as
submitted.
RESOLUTION 312-16 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. NW Arterial and Chavenelle Road Left Turn Lane Improvement Project
2. Fiscal Year 2017 First Budget Amendment
3. Dubuque Regional Airport Parking Lot Repair Project 2016
4. Lease of Property to Interstate Power and Light Company for Construction of Solar
Array
All 9/19/16
Yays
Nays
Del Toro
Resnick
Connors
Lynch
a.�
Rios
Jones
Buol
1. NW Arterial and Chavenelle Road Left Turn Lane Improvement Project
City Manager recommending initiation of the public bidding procedure for the Northwest
Arterial/Chavenelle Road Intersection Left Turn Lane Improvements Project, and further
recommends that a public hearing be set for September 19, 2016.
RESOLUTION 313-16 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
9/19/16
2. Fiscal Year 2017 First Budget Amendment,
City Manager recommending the first Fiscal Year 2017 Budget Amendment be set for
public hearing for September 19, 2016.
RESOLUTION 314-16 Setting the date for the public hearing on Amendment No. 1 to
the Fiscal Year 2017 Budget for the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution, Set Public Hearing for
9/19/16
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3. Dubuque Regional Airport Parking Lot Repair Project 2016
City Manager recommending initiation of the public bidding procedure for the Dubuque
Airport Parking Lot Repair Project 2016, and further recommends that a public hearing
be set for September 19, 2016.
RESOLUTION 315-16 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
9/19/16
4. Lease of Property to Interstate Power and Light Company for Construction of
Solar Array
City Manager recommending he City Council set a public hearing for September 19,
2016, to approve a lease with Interstate Power and Light Company for approximately
21.14 acres of property recently acquired by the City of Dubuque near the Dubuque
Industrial Center West north of Humke Road and west of Seippel Road for construction
of a solar array.
RESOLUTION 316-16 Resolution of Intent to dispose of an interest in City of Dubuque
owned property by lease between the City of Dubuque and Interstate Power and Light
Company
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
9/19/16
10
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions.
1. Long Range Planning Advisory Commission (Review)
One, 3 -year term through July 1, 2017 (Vacant term of Clements). Applicant: Ronald
Collins, 243 Cardiff St.
2. Long Range Planning Advisory Commission (Appointment)
One, 3 -year term through July 1, 2019 (Vacant term of Prochaska).
Applicant: Michael Wright, 385 Burch St.
Yays
Nays
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Del Toro
Resnick
Connors
Lynch
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Jones
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3. Transit Advisory Board (Appointmen
One, 3 -year term through July 30, 2019 Expire term of Lohrmann).
Applicant: Carrie Lohrmann, 1879 Denver Dr.
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Del Toro
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PUBLIC HEARINGS
6/71-
1. Removal of Phyllrich Drive from Residential Parking Permit District H
Proof of publication on notice of public hearing to consider the removal of Phyllrich Drive
from Residential Parking Permit District H and the City Manager recommending
approval.
ORDINANCE 42-16 Amending City of Dubuque Code of Ordinances Title 9 Motor
Vehicles and Traffic, Chapter 14 Parking, Division 7 Residential Parking Permit
Program, Section 9-14-321.740 Residential Parking Permit District H by removing
Phyllrich Drive between Keystone Drive and Keymont Drive
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Nays
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Del Toro
Resnick
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Final Reading and Adopt
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PUBLIC INPUT
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ACTION ITEMS
1. Greater Dubuque Development Corporation - Quarterly Update
President and CEO Rick Dickinson to present the quarterly update on the activities of
the Greater Dubuque Development Corporation.
Suggested Disposition: Suggested Disposition: Receive and File; Presentation
Yays
Nays
Del Toro
Resnick
Connors
Lynch
Rios
Jones
Buol
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2. Five Flags Civic Center Quarterly Report
SMG Regional General Manager HR Cook will share a quarterly report on the Five
Flags Civic Center.
Suggested Disposition: Receive and File; Presentation
Yays
Nays
Del Toro
Resnick
/
Connors
Lynch
Rios
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Jones
L—'
Buol
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3. Cottingham & Butler Insurance Services, Inc. - IEDA Contract
City Manager recommending approval of a contract among Cottingham & Butler
Insurance Services, Inc., the City of Dubuque and the Iowa Economic Development
Authority.
RESOLUTION 317-16 Authorizing the execution of a Contract for State Business
Financial Assistance by and among Cottingham & Butler Insurance Services, Inc., the
City of Dubuque, Iowa, and the Iowa Economic Development Authority
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
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Nays
Del Toro
i
Resnick
Connors
Lynch
Rios
IV:Jones
Buol
Felf
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4. Rejection of Bids - Grandview Avenue, t Loras Boulevard nd Grandview
Avenue and University Avenue Intersection Improvement%
City Manager recommending the rejection of the competitive bid proposals received for
the Grandview Avenue & Loras Boulevard and Grandview Avenue & University Avenue
Intersection Improvement Project due to the reconsideration of a traffic control device
for the intersection improvements at Grandview Avenue & University Avenue.
749
RESOLUTION 318-16 Rejecting competitive bid proposals received for the Grandview
Avenue & Loras Boulevard and Grandview Avenue & University Avenue Intersection
Improvement Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
Del Toro
Resnick
Connors
Lynch
Rios
STs
Jones
Buol
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5. Code of Ordinances Amendment - Title 15 Swimming Pool Regulations
City Manager recommending approval of a change to Title 14-9-1 of the City of
Dubuque Code of Ordinances redefining the depth and, encing regulations for
swimming pools to be consistent with the International Property Maintenance Code.
ORDINANCE 43-16 Amending City of Dubuque Code of Ordinances Title 14 Building
and Development, Chapter 9 Swimming Pools, Sections 14-9-1 Definition and 14-9-4
Fencing Requirements to make language consistent with the International Property
Maintenance Code
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays.. _
Nays
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Del Toro
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Resnick
Connors
Connors
Rios
Lynch
Jones
Rios
Buol
Jones
Buol
Final Reading and Adopt
Yays
Nays
Del Toro
Resnick
Connors
Lynch
Rios
Jones
Buol
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6. Traffic Stop Analysis Project
City Manager recommending approval of a Memorandum of Understanding between the
City of Dubuque and St. Ambrose University to complete a traffic stop study in
Dubuque.
Suggested Disposition: Receive and File; Approve
Yays
Nays
Del Toro
Resnick
Connors
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7. Expansion of Conservation District to Include 553 E. 14th Street
City Manager recommending approval of the expansion of the Washington
Neighborhood Conservation District to include 553 E. 14th Street.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Devel pment Code, by amending Article 10-11-A-4 pertaining to expansion of
the Washington Street Neighborhood Conservation District
Suggested Disposition: Receive and File; Motion B. Motion /Dy
F-i-nali-eadi-ng_a.nd-Adapt
Yays
Yays
Nays
Nays
Del Toro
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Resnick
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Lynch
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Yays
Nays
Del Toro
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8. Building Conditions Report for Property at 3000 Jackson Street
Building Services Manager Todd Carr, Assistant City Attorney Maureen Quann,
Assistant City Attorney Cream Brumwell and Planning Services Manager Laura
Carstens will present a Building Conditions Report for property at 3000 Jackson Street,
a portion of the former Dubuque Brewing and Malting Company complex (a/k/a H&W
Building).
Suggested Disposition: Receive and File; Presentation
Yays
Nays
'
Del Toro
Resnick
Connors
Lynch
Rios
Jones
Buol
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COUNCIL MEMBER REPORTS
CLOSED SESSION @ p.m.
Pending Litigation and Property Acquisition - Chapter 21.5(1)(c), -(j) Code of Iowa
Yays
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Del Toro
Del Toro
Resnick
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Connors
Lynch
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Lynch
Jones
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Buol
ADJOURNMENT @
Yays
Nays
Del Toro
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Resnick
Connors
Lynch
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Jones
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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 Tuesday, September 06, 2016 at 6:00 PM in the Historic Federal Building
for the purpose of conducting such business that may properly come before the
City Council
Consent Items: Pages 1-5
oy D. Buol, Mayor