Minutes_City Council Proceedings 8 15 16 CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met inregular session at 6:00 p.m. on August 15, 2016 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors, Jones, Lynch, Resnick, Rios (Via
phone); Assistant City Manager Steinhauser, City Attorney Lindahl
Absent: Del Toro
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)
1 . Welcome Back College Students Weeks (August 22-September 5, 2016) was
accepted by Jan Powers, Director of Workforce Solutions for Greater Dubuque
Development Corp.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Connors. Motion carried 6-0.
1 . Minutes and Reports Submitted: Arts and Cultural Advisory Commission of 6/28;
City Council Proceedings of 7/26; 8/1 , 8/2, 8/3, 8/4; Community Development Advisory
Commission of 7/19; Dubuque County Emergency Management Commission Minutes
of 11/3/2015; 2/16/2016; 5/17/2016; Five Flags Civic Center Advisory Commission of
7/25; Housing Commission of 7/26; Investment Oversight Advisory Commission of 7/27;
Library Board of Trustees of 5/26, 6/6, 6/23; Park and Recreation Commission of 7/12;
Transit Advisory Board of 7/14; Zoning Advisory Commission of 8/3; Zoning Board of
Adjustment of 7/28; Proofs of Publication for City Council Proceedings of 7/11 , 7/18,
7/26; Proof of Publication for List of Claims and Summary of Revenues for Month
Ending 6/30. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Terry Frost for property damage; Martha Intveld 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: Terry Frost for property damage; Martha Intveld for vehicle damage.
Upon motion the documents were received, filed and concurred.
4. AmeriCorps Partners in Learning 2016-17 Grant Agreement: City Manager
recommending approval of a grant agreement with the Iowa Commission on Volunteer
Services for the AmeriCorps Program. Upon motion the documents were received, filed
and approved.
5. Continuum of Care Phoenix Housing Special Needs Assistance Program: City
Manager recommending approval of a contract with the U.S. Department of Housing
and Urban Development (HUD) for administration of the Continuum of Care Phoenix
Housing Special Needs Assistance Program that provides rental assistance for
homeless, disabled persons. Upon motion the documents were received, filed and
approved.
6. Request for Proposals - Outdoor Pools Facility Assessment Consultant Services:
City Manager recommending approval of a Request for Proposal for consultant services
for an in-depth assessment of both Flora and Sutton Pools. Assessment to include a
detailed report on a maintenance plan and recommendations, as well as develop a
master plan for long-term planning. Upon motion the documents were received, filed
and approved.
7. Southwest Arterial Property Acquisition Parcel 76 — Siebe: City Manager
recommending approval of a resolution accepting the Grant of Permanent Utility
Easement from Wesley A. Siebe and Sandra S. Siebe for the purchase of a permanent
utility easement for the Southwest Arterial Project. Upon motion the documents were
received and filed and Resolution No. 297-16 Accepting a Grant of Permanent Utility
Easement for the Southwest Arterial Project from Wesley A. and Sandra S. Siebe was
adopted.
8. Four Mounds Strategic Planning Agreement; City Manager recommending
approval of an agreement between the City of Dubuque and Four Mounds Foundation
for development of short and long-term strategic planning. Upon motion the documents
were received, filed and approved.
9. Rite Hite / Iowa Economic Development Authority Contract: City Manager
recommending approval of a contract by and among Rite Hite/AB(MC)2, the City of
Dubuque and the Iowa Economic Development Authority for expansion of Rite Hite's
operations in Dubuque. Upon motion the documents were received and filed and
Resolution No. 298-16 Authorizing the execution of a contract for State Business
Financial Assistance by and among Rite Hite/AB(MC)2, the City of Dubuque, Iowa and
the Iowa Economic Development Authority was adopted.
10. Community Housing Initiatives (CHI) Agreement: City Manager recommending
approval of an agreement between Community Housing Initiatives - Washington
Neighborhood Housing Partnership and the City of Dubuque's Housing & Community
Development Department. Upon motion the documents were received, filed and
approved.
11 . Hillcrest Family Services Environmental Review Determination: City Manager
recommending approval for the Mayor to execute the Environmental Review
Determination for Hillcrest Family Services Continuum of Care-Funded Program. Upon
motion the documents were received, filed and approved.
12. Quarterly Investment Report for July 30, 2016: City Manager transmitting the
June 30, 2016 Quarterly Investment Report. Upon motion the documents were received
and filed.
13. NW Arterial Fiber Optics - John F. Kennedy Road to US 52 Project Acceptance:
City Manager recommending acceptance of the construction contract for the NW
Arterial Fiber Optics — JFK to US 52 Project as completed by Portzen Construction, Inc.
Upon motion the documents were received and filed and Resolution No. 299-16
Accepting the NW Arterial Fiber Optics - JFK to US 52 Project and authorizing the
payment of the contract amount to the contractor was adopted.
14. 2016 Sewershed 7, 11 and 12 Manhole Project Acceptance: City Manager
recommending acceptance of the public improvement construction contract for the
FY16 Sewershed 7, 11 and 12 Sanitary Sewer Manhole Project as completed by
Connolly Construction, Inc. Upon motion the documents were received and filed and
Resolution No. 300-16 Accepting the FY16 Sewershed 7, 11 , and 12 Sanitary Sewer
Manhole Project and authorizing the payment to the contractor was adopted.
15. 2015 SCADA (Flow Metering Stations) Manhole Installation Project Acceptance:
City Manager recommending acceptance of the public improvement construction
contract for the 2015 SCADA (flow metering stations) Manhole Installation Project, as
completed by Connolly Construction, Inc. Upon motion the documents were received
and filed and Resolution No. 301 -16 Accepting the 2015 SCADA (Flow Metering
Stations) Manhole Installation Project and authorizing the payment to the contractor was
adopted.
16. Dubuque County Board of Health 28E Agreement: City Manager recommending
approval to continue the City's contract for the inspection of swimming pools and spas,
tattoo parlors and tanning facilities in Dubuque County. Upon motion the documents
were received, filed and approved.
17. Mediacom Communications Company: Correspondence from Lee Grassley,
Senior Manager of Government Relations for Mediacom Communications Company,
informing the City of monthly rental pricing adjustments for its digital transport adapters
(DTA) on or about September 1 , 2016. Upon motion the documents were received and
filed.
18. Improvement Contracts / Performance, Payment and Maintenance Bonds:
Commercial Flooring Company for the Grand River Center Ballroom, Concourse and
River Room Carpet Replacement Projects; Top Grade Excavating, Inc. for the 30-Inch
Sanitary Sewer Force Main Relocation Phase II. Upon motion the documents were
received, filed and approved.
19. Alcohol Compliance Civil Penalty for Alcohol License Holder — Chances R: City
Manager recommending approval of the Acknowledgment/Settlement Agreement for an
alcohol compliance violation for Chances R, 1046 Central Avenue. Upon motion the
documents were received, filed and approved.
20. Alcohol Compliance Civil Penalty for Alcohol License Holder — Kwik Stop Food
Mart: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Kwik Stop Food Mart, 4039
Pennsylvania Avenue. Upon motion the documents were received, filed and approved.
21 . Tobacco Compliance — Civil Penalty for Tobacco License Holder — Kwik Stop
#78: City Manager recommending approval of the Acknowledgement/Settlement
Agreement for a tobacco compliance violation for Kwik Stop #78, 4039 Pennsylvania
Avenue. Upon motion the documents were received, filed and approved.
22. Tobacco Compliance — Civil Penalty for Tobacco License Holder — Ron's
Discount Smokes: City Manager recommending approval of the
Acknowledgement/Settlement Agreement for a tobacco compliance violation for Ron's
Discount Smokes & Beverage Center, 3300 Asbury Road. Upon motion the documents
were received, filed and approved.
23. Alcohol Compliance Civil Penalty for Alcohol License Holder — Yardarm: City
Manager recommending approval of the Acknowledgment/Settlement Agreement for an
alcohol compliance violation for Yardarm, 1201 Shiras Avenue Extension. Upon motion
the documents were received, filed and approved.
24. 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. 302-16 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 Jones. Motion carried 6-0.
1 . Removal of Phyllrich Drive from Residential Parking Permit District H: City
Manager recommending a public hearing be set for September 6, 2016, on the removal
of Phyllrich Drive from Residential Parking Permit District H. Upon motion the
documents were received and filed, setting a public hearing for a meeting to commence
at 6:00 p.m. on September 6, 2016 in the Historic Federal Building.
2. Dubuque Industrial Center West - Resolution of Necessity for Urban Renewal Plan
Amendment: City Manager recommending approval of a Resolution of Necessity that
finds that an Amended and Restated Urban Renewal Plan for the Dubuque Industrial
Center Economic Development District is both necessary and appropriate and sets a
public hearing on the proposed amendment for September 19, 2016. Upon motion the
documents were received and filed and Resolution No. 303-16 Resolution of Necessity
finding that certain new subareas should be established within the Dubuque Industrial
Center Economic Development District, that the establishment of said subareas is
necessary in the interest of the residents of the City of Dubuque, Iowa, and setting
dates of hearing and consultation on a proposed amendment to the Amended and
Restated Urban Renewal Plan for said district to include the new subareas was
adopted, setting a public hearing for a meeting to commence at 6:00 p.m. on September
19, 2016 in the Historic Federal Building.
BOARDS/COMMISSIONS
Applications to the following boards/commissions were reviewed. Applicants were
invited to address the City Council regarding their desire to serve on the following
Boards/Commissions.
1 . Long Range Planning Advisory Commission: One, 3-year term through July 1 ,
2019 (Vacant term of Prochaska), Applicant: Michael Wright, 385 Burch St.
2. Transit Advisory Board: One, 3-year term through July 30, 2019 (Expired term of
Lohrmann). Applicant: Carrie Lohrmann, 1879 Denver Dr.
Appointments were made to the following Boards/Commission.
3. Housing Commission: Three, 3-year terms through August 17, 2019 (Expiring
Terms of Heimke, Schwendinger, and Wall). Applicants: Wesley Heimke, 2350 Knob
Hill Dr.; Dorothy Schwendinger, 3390 Windsor Ave.; David Wall, 333 W. 17th St. Motion
by Connors to appoint Wesley Heimke, Dorothy Schwendinger and David Wall each to
a 3-year term through August 17, 2019. Seconded by Lynch. Motion carried 6-0.
4. Mechanical and Plumbing Code Board: One, 3-year term through March 16, 2019
(Expired term of Papin). Applicant: Paul Papin, 2955 Jackson. Motion by Jones to
reappoint Paul Papin to a 3-year term through March 16, 2019. Seconded by Resnick.
Motion carried 6-0.
PUBLIC HEARINGS
1 . Request to Rezone - Dubuque Pony League for Acreage South of Derby Grange
Road: Proof of publication on notice of public hearing to consider a request by Dubuque
PONY League / Greg Yoko to rezone approximately thirty (30) acres located south of
Derby Grange Road from R-2 Two-Family Residential and C-3 General Commercial
Districts to CR Commercial Recreation District and the Zoning Advisory Commission
recommending approval. 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 Jones. Greg Yoko, 3660 Seville Street gave a presentation on the plans
for the softball/baseball diamonds. Planning Services Manager Laura Carstens provided
a staff report. Motion carried 6-0.
Motion by Connors for final consideration and passage of Ordinance No. 40-16
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located south of Derby Grange
Road from R-2 Two-Family Residential and C-3 General Commercial Districts to Cr
Commercial Recreation District Seconded by Jones. Motion carried 6-0.
2. Request for Text Amendment Title 16 - Public and Private Parks as Permitted
Uses in Downtown Commercial and Central Business Districts: Proof of publication on
notice of public hearing to consider a request by the City of Dubuque for an Amendment
to the C-4 Downtown Commercial and C-5 Central Business Districts to allow Public
and Private parks as a permitted use and the Zoning Advisory Commission
recommending approval. 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 Resnick. Planning Services Manager Laura Carstens provided a staff
report. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 41 -16
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by amending Articles 16-5-14.1 (C-4) and 16-5-15.1 (C-5) to Establish Private and
Public Parks as a Permitted Use in Each District. Seconded by Resnick. Motion carried
6-0.
3. Heritage Trail Head Parking Lot Project: Proof of publication on notice of public
hearing to consider approval of the plans, specifications, form of contract and estimated
cost for the Heritage Trail Head Parking Lot Project and the City Manager
recommending approval. Motion by Lynch to receive and file the documents and adopt
Resolution No. 304-16 Approval of plans, specifications, form of contract, and estimated
cost for the Heritage Trail Head Parking Lot Project. Seconded by Jones. Motion carried
6-0.
4. Bio Resource Development, LLC - Lease at Water & Resource Recovery Center:
Proof of publication on notice of public hearing to consider a Lease between the City of
Dubuque and BIRD Three, LLC at the Water and Resource Recovery Center. It is further
recommended that the City Council approve the Development and Operating
Agreement and the City Manager recommending approval. Motion by Connors to
receive and file the documents and adopt Resolution No. 305-16 Disposing of an
interest in City of Dubuque-owned property by Lease between the City of Dubuque and
BIRD Three, LLC and approving the Water and Resource Recovery Center Gas System
Development and Operating Agreement between the City of Dubuque and BIRD Three,
LLC. Seconded by Jones.
Greater Dubuque Development Corporation President and CEO Rick Dickinson,
Water and Resource Recovery Center Plant Manager William O'Brien, President of
BioResource Development LLC Greg MacLean, Greater Dubuque Development
Corporation Smarter Sustainable Consultant David Lyons provided a presentation on
the proposed BioGas project at the Water and Resource Recovery Center.
Councilmember Resnick left the council chambers at 6:35 p.m. and returned at 6:44
p.m. Motion carried 6-0.
ACTION ITEMS
1 . Alliant Energy Community Annual Partnership Assessment (CAPA): Craig Clefish,
Key Account Manager for Alliant Energy, reported on the Community Annual
Partnership Assessment (CAPA). Motion by Jones to receive and file the documents
and listen to the presentation. Key Accountant for Alliant Energy, Craig Clefish, gave the
presentation. Seconded by Connors. Motion carried 6-0.
2. Inclusive Dubuque Quarterly Update: Inclusive Dubuque Network partners made a
presentation on Inclusive Dubuque's accomplishments since April 2016. Motion by
Lynch to receive and file the documents and listen to the presentation. Seconded by
Resnick. Councilmember Resnick left the council chambers at 7:25 p.m. and returned at
7:31 p.m. Inclusive Dubuque Coordinator Katrina Farren-Eller, Community Foundation
of Greater Dubuque Vice President of Strategic Initiatives Eric Dregne, Sociology
Professor for Loras College Rick Anderson, Human Rights Director Kelly Larson, Multi-
Cultural Family Center Assistant Director Sarah Peterson, Dubuque Black Men
Coalition Member Anderson Sainci, League of United Latin American Citizens (LULAC)
members Dora Serna and Lee Sanchez, Dubuque Museum of Art Executive Director
David Schmitz presented on topics that included: Operating Principals History of the
Network, Measuring the Networks Impact, Peer-Learning Council's 5 Year Equity
Learning Program, City Equity Initiatives, Changing the Narrative, Mentorship Program
with League of United Latin American Citizens (LULAC). Anderson Sainci responded to
questions from the council. Motion carried 6-0.
3. Request for Work Session - USDA Grant Partnership with the Iowa League of
Cities: City Manager requesting the City Council schedule a work session on Monday,
October 10, 2016 at 6:00 p.m. on the USDA grant partnership with the Iowa League of
Cities on Nutrient Trading. Motion by Connors to receive and file the documents and set
the work session as recommended. Seconded by Lynch. Councilmember Jones stated
he would not be able to attend, due to a prior training commitment. Motion carried 6-0.
4. Request for Work Session - Sustainable Dubuque Quarterly Report: City Manager
requesting the City Council schedule the Sustainable Dubuque Quarterly Work Session
for Tuesday, August 30, 2016 at 6:00 p.m. in the Historic Federal Building, City Council
Chambers. Motion by Connors to receive and file the documents and set the work
session as recommended. Seconded by Jones. Motion carried 6-0.
COUNCIL MEMBER REPORTS
Councilmember Connors reported on the 10th Anniversary Celebration at Orange Park
on Washington Street for Crescent Community Health Center, as well as, the Annual
Legislative Days where State Officials met with local individuals to hear concerns and
priorities.
CLOSED SESSION
Motion by Jones at 7:38 p.m. to convene in closed session regarding 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 and Assistant City Attorney Crenna Brumwell. Motion carried 7-
0.
Upon motion the City Council reconvened in open session at 8:00 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:03 p.m.
/s/Trish L. Gleason, CMC
Assistant City Clerk
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