8 1 16 City Council Proceedings Official - RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
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 dis-
pose 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 Publica-
tion 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 re-
ceived 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 mo-
tion 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 As-
surance Pool: Anthony Elskamp for property damage; Catherine Helling for property
damage; Craig McGrane for vehicle damage. Upon motion the documents were re-
ceived, filed and concurred
1
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 Ad-
visory 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 Govern-
ment 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 Ameri-
Corps 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 Re-
sources for Valentine Park Expansion - Land Acquisition Project was adopted, the plan
update approved, and Council Member Joyce Connors confirmed as the Council REAP
Representative.
RESOLUTION NO. 283-16
AUTHORIZING REAP GRANT APPLICATION TO IOWA DEPARTMENT OF NATU-
RAL RESOURCES FOR VALENTINE PARK EXPANSION — LAND ACQUISITION
PROJECT
Whereas, the Iowa Department of Natural Resources has allocated grant funds in the
REAP (Resource Enhancement and Protection) Program for plans for improvements
that enhance the restoration or expansion of Iowa's natural resources of parks; and
Whereas, the City of Dubuque has adopted the 2012 Comprehensive Plan that in-
cludes goals for park improvements and environmental restoration.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
2
Section 1. The Mayor hereby is authorized to sign and the Planning Services Manag-
er is hereby authorized to submit an application to the Iowa Department of Natural Re-
sources for REAP funds for Valentine Park Expansion — Land Acquisition Project.
Section 2. That in the event said application is approved, the City Council hereby
provides its written assurance that the completed project will be adequately maintained
for its intended use in accordance with state requirements.
Passed, approved and adopted this 1st day of August, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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 re-
ceived, 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
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 ap-
proval 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 Reso-
lution No. 284-16 Approving a Pre -Annexation Agreement between the City of Dubu-
que, Iowa and Gary J. Backes was adopted.
RESOLUTION NO. 284-16
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND GARY J. BACKES
Whereas, Gary J. Backes, owner of the following described property in Dubuque
County, Iowa (the Property) have submitted to the City Council of the City of Dubuque
an application for voluntary annexation of the Property to the City of Dubuque:
Lot 41, Lot 41 "A", and Lot 42 all in Key West, Dubuque County, Iowa, except that
part condemned by the State of Iowa, recorded in Book of Lands #49, Page 609, ET
SEQ, and that Part conveyed to the State of Iowa, recorded in Book of Lands #50,
Page 342 ET SEQ, according to the respective recorded plats thereof, Dubuque
County, Iowa; and
Whereas, Gary J. Backes has entered into a Pre -annexation Agreement with the City
of Dubuque a copy of which is attached hereto governing the future annexation of the
Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
3
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property
in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan
of the City of Dubuque, necessary for the future orderly growth and development of the
city of Dubuque, and will promote efficient and cost effective extension of municipal ser-
vices; and
Whereas, the City Council finds that the annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Gary J. Backes and the
City of Dubuque is hereby approved.
Passed, approved and adopted this 1st day of August, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
13. Pre -Annexation Agreement - Elizabeth R. Kirpes Trust: City Manager recom-
mending 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.
RESOLUTION NO. 285-16
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND THE ELIZABETH R. KIRPES TRUST
Whereas, The Elizabeth R. Kirpes Trust, owner of the following described property in
Dubuque County, Iowa (the Property) have submitted to the City Council of the City of
Dubuque an application for voluntary annexation of the Property to the City of Dubuque:
Lot 1 Kermit's Subdivision in Dubuque County, Iowa; and
Whereas, The Elizabeth R. Kirpes Trust has entered into a Pre -annexation Agree-
ment with the City of Dubuque a copy of which is attached hereto governing the future
annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property
in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan
of the City of Dubuque, necessary for the future orderly growth and development of the
city of Dubuque, and will promote efficient and cost effective extension of municipal ser-
vices; and
Whereas, the City Council finds that the annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
4
Section 1. The Pre -annexation Agreement by and between The Elizabeth R. Kirpes
Trust and the City of Dubuque is hereby approved.
Passed, approved and adopted this 1st day of August, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
14. Pre -Annexation Agreement - Larry and Sharon McDermott: City Manager rec-
ommending 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.
RESOLUTION NO. 286-16
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND LARRY E. AND SHARON A. MCDERMOTT
Whereas, Larry E. and Sharon A. McDermott, the owners of the following described
property in Dubuque County, Iowa (the Property) have submitted to the City Council of
the City of Dubuque an application for voluntary annexation of the Property to the City of
Dubuque:
Lot 6 of Paradise Heights Subdivision No. 3 located in the SE 1/4 of Section 25, T89N,
R1 E (Center Twp) of the 5th P.M., Dubuque County, Iowa; and
Whereas, Larry E. and Sharon A. McDermott, have entered into a Pre -annexation
Agreement with the City of Dubuque a copy of which is attached hereto governing the
future annexation of the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property
in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan
of the City of Dubuque, necessary for the future orderly growth and development of the
City of Dubuque, and will promote efficient and cost effective extension of municipal
services; and
Whereas, the City Council finds that the annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Larry E. and Sharon A.
McDermott and the City of Dubuque is hereby approved.
Passed, approved and adopted this 1st day of August, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
15. Pre -Annexation Agreement - Benjamin L. Moyer: City Manager recommending
approval of a Pre -Annexation Agreement and Covenants with Benjamin L. Moyer, prop-
erty owner of 1072 Lake Eleanor Road, which is part of the Twin Ridge Subdivision.
5
Upon motion the documents were received and filed and Resolution No. 287-16 Ap-
proving a Pre -Annexation Agreement between the City of Dubuque, Iowa and Benjamin
L. Moyer was adopted.
RESOLUTION NO. 287-16
APPROVING A PRE -ANNEXATION AGREEMENT BETWEEN THE CITY OF DUBU-
QUE, IOWA AND BENJAMIN L. MOYER
Whereas, Benjamin L. Moyer, owner of the following described property in Dubuque
County, Iowa (the Property) have submitted to the City Council of the City of Dubuque
an application for voluntary annexation of the Property to the City of Dubuque:
Lot 2 of Lot 79; Lot 2 of Lot 2 of Lot 80; Lot 2 of Lot 1 of Lot 80 Key West (original
town), located in Table Mound Township, Dubuque County, Iowa, subject to ease-
ments of record; and
Whereas, Benjamin L. Moyer has entered into a Pre -annexation Agreement with the
City of Dubuque a copy of which is attached hereto governing the future annexation of
the Property; and
Whereas, the Property is not subject to an existing annexation moratorium; and
Whereas, the Property does not include any state or railroad property; and
Whereas, Iowa Code Section 368.7 authorizes the voluntary annexation of property
in Dubuque County, Iowa and the extension of city limits by voluntary annexation; and
Whereas, the annexation of the Property is consistent with the Comprehensive Plan
of the City of Dubuque, necessary for the future orderly growth and development of the
city of Dubuque, and will promote efficient and cost effective extension of municipal ser-
vices; and
Whereas, the City Council finds that the annexation of the Property is in the public in-
terest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Pre -annexation Agreement by and between Benjamin L. Moyer and
the City of Dubuque is hereby approved.
Passed, approved and adopted this 1st day of August, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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 recom-
mending 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 Dis-
patchers effective October 1, 2016 through September 30, 2017. Upon motion the doc-
uments were received, filed and approved.
6
18. Sustainable Dubuque Community Grant Recommendations: City Manager rec-
ommending approval of six projects for funding from the Sustainable Dubuque Commu-
nity Grant Program. Upon motion the documents were received, filed and approved.
19. University of Nebraska -Lincoln (UNL) Climate Adaptation Project: City Manager
recommending approval for Sustainable Community Coordinator Cori Burbach to partic-
ipate 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, Sen-
ior Manager of Government Relations for Mediacom Communications Company, inform-
ing 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 mo-
tion the documents were received and filed and Resolution No. 288-16 Adopting Sup-
plement No. 22 to the Code of Ordinances of the City of Dubuque, Iowa was adopted.
RESOLUTION NO. 288-16
ADOPTING SUPPLEMENT NO. 22 TO THE CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA
Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance
No. 43-09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entire-
ty; and
Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code of Ordinances and said amendments
have been printed as supplements to the Code of Ordinances; and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolu-
tion, become part of the Code of Ordinances.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 22 to the City of Dubuque Code of Ordinances,
which codifies Ordinance Nos. 2-16 through 5-16, 8-16, 11-16, 12-16, 17-16 and 18-16
as adopted by the City Council through May 2016, prepared by the Sterling Codifiers,
Inc., and filed in the Office of the City Clerk of the City of Dubuque, Iowa is hereby
adopted and becomes part of the Code of Ordinances of the City of Dubuque, Iowa.
Passed, approved and adopted this 1st day of August, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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.
7
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 Li-
cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses
and Permits was adopted.
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 LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted
and filed with the City Council for approval and the same have been examined and ap-
proved; and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
noted permit types to the following applicants pending submission of the locally required
documentation:
Renewal
Corner Grill
1689 Elm St. Special Class C Liquor (Outdoor)
Hy -Vee #1 Market Cafe 3500 Dodge St. Class C Liquor (Sunday)
Kwik Stop Food Mart
Super Stop III
Texas Roadhouse
4
West Dubuque Tap 1701 Asbury Rd. Class C Liquor (Sunday)
2255 Kerper Blvd.
1101 Rhomberg Ave.
Class C Beer, Class B Native Wine
(Sunday)
Class E Liquor, Class B Wine,
Class C Beer (Sunday)
845 Wacker Dr.
Class C Liquor (Catering) (Out-
door) (Sunday)
Special Event
Douglas Doyle i 600 Star Brewery Dr. Class C Liquor (Outdoor) (Sunday)
Phil Gothard 600 Star Brewery Dr. Class C Liquor (Outdoor)
Summer's Last Blast
Adding A Privilege
Inspire Cafe
Town Clock Plaza
Class B Beer, Class B Native Wine
(Outdoor)
i 955 Washington St.
Adding Outdoor
New
7 Hills Brewing Company
250 E 11th St.
Class C Liquor (Brew Pub) (High
Proof Brew Pub) (Outdoor) (Sun-
8
day)
Freddy's 385 E 13th St. Class C Liquor (Sunday)
Kariden Wine Company 1 472 Central Ave. Class B Wine (Living Qtrs.)
1
a
The lift Dbq 1180 Main St. Class C Liquor (Sunday)
Passed, approved and adopted this 1s1 day of August, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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 docu-
ments 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 advertise-
ment 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.
RESOLUTION NO. 290-16
HERITAGE TRAIL HEAD PARKING LOT PROJECT
PRELIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPEC-
IFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING
THE ADVERTISEMENT FOR BIDS
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Herit-
age Trail Head Parking Lot Project in the estimated amount $84,946.02, are hereby pre-
liminarily approved and ordered filed in the office of the City Clerk for public inspection.
A public hearing will be held on the 15th day of August, 2016, at 6:00 p.m. in the His-
toric Federal Building Council Chambers (second floor) 350 W. 6th Street, Dubuque, Io-
wa, at which time interested persons may appear and be heard for or against the pro-
posed plans and specifications, form of contract and estimated cost of said Project, and
the City Clerk be and is hereby directed to cause the attached notice of the time and
place of such hearing to be published in a newspaper having general circulation in the
City of Dubuque, Iowa, which notice shall be published not less than four days nor more
than twenty days prior to the date of such hearing. At the hearing, any interested person
may appear and file objections to the proposed plans, specifications, form of contract, or
estimated cost of the Project.
9
The Heritage Trail Head Parking Lot Project is hereby ordered to be advertised for
bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the attached Notice to Bidders to be pub-
lished in the Master Builders of Iowa Plan Room, The Construction Update Network and
posted on the City of Dubuque website at www.cityofdubuque.org/bids. Publication will
occur not less than thirteen but not more than forty-five days before the date for filing
bids before 2:00 p.m. on the 8th day of September, 2016. Bids shall be opened and read
by the City Clerk at said time and will be submitted to the City Council for final action at
6:00 p.m. on the 19th day of September, 2016, in the Historic Federal Building Council
Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, approved and adopted this 1st day of August, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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 Recov-
ery 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 BRD
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.
RESOLUTION NO. 291-16
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE OWNED PROPER-
TY BY LEASE BETWEEN THE CITY OF DUBUQUE AND BRD THREE, LLC
Whereas, the City of Dubuque (City) is the owner of the Dubuque Water and Re-
source Recovery Center (WRRC) located in Dubuque, Iowa (the WRRC Property) legal-
ly described as:
Part of Lot 1 of 1 of the NE NW, and Lot 1 of 2 of 1 of the NW NE and Lot 2 of 1 of
the NE NW all in Section 6 Township 88N Range 3E of the 5th P.M., in Dubuque
County, Iowa, according to the recorded plats thereof
and that certain portion of the WRRC Property shown on Exhibit A attached hereto
and incorporated by reference herein (the Site); and
Whereas, City is the owner of the gas management system located at the WRRC
Property (WRRC Gas Management System, and together with the Site, are collectively
referred to as the Premises); and
Whereas, City desires to lease the Premises to BRD Three, LLC (BRD), and BRD
desires to lease the Premises from City, pursuant to the Water and Resource Recover
Center Lease attached hereto (the Lease) for the purposes of utilizing the WRRC Gas
Management System and constructing, maintaining and operating a gas utilization sys-
tem to process digester gas from the WRRC into natural gas and distribute such gas for
10
environmentally beneficial uses (the BRD Gas System), subject to and in accordance
with the provisions of this Lease and that certain Water and Resource Recovery Center
Gas System Development and Operating Agreement to be executed by the parties in
connection with the Lease (the Development and Operating Agreement); and
Whereas, the City Council has tentatively determined that it would be in the best in-
terests of the City to enter into the Lease; and
Whereas, the City Council has determined that the proposed Lease should be set for
public hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque intends to dispose of its interest in the Premises by
Lease with BRD THREE, LLC, a copy of which Lease is now on file with the City Clerk,
City Hall, 13th and Central, Dubuque, Iowa.
Section 2. That the City Clerk is hereby authorized and directed to cause this Resolu-
tion and a notice to be published as prescribed by Iowa Code Section 364.7 of a public
hearing on the City's intent to dispose of the Property to be held on the 15th day of Au-
gust, 2016, at 6:00 o'clock p.m. at the Historic Federal Building, 350 West 6th Street,
Dubuque, Iowa.
Passed, approved and adopted this 1st day of August, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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 (Ex-
piring 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.
11
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). Appli-
cants: Patrick Norton, 920 Valentine Dr.; and Rich Russell, 2045 Embassy West Dr. Mo-
tion by Jones to appoint Mr. Russel to a 3 -year term through July 1, 2018 and Mr. Nor-
ton 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 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.
RESOLUTION NO. 292-16
DISPOSING OF AN INTEREST IN REAL PROPERTY BY DEED TO R. SCOTT
CAIRNS AND SANDRA K. CAIRNS
Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property
(the Property):
Lot 1-16 and Lot 2-16 in Linhein Subdivision, in the City of Dubuque, Iowa; and
Whereas, City and R. Scott Cairns and Sandra K. Cairns have entered into an
Agreement pursuant to which City will convey the Property to R. Scott Cairns and San-
dra K. Cairns; and
Whereas, on August 1, 2016, the City Council pursuant to notice published as re-
quired by law held a public hearing on its intent to dispose of the foregoing interest in
the Property and overruled all objections thereto; and
Whereas, the City Council finds that it is in the best interest of the City to approve the
disposition of the Property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor is hereby authorized and directed to execute a Quit Claim
Deed disposing of all of the City's right, title and interest in the Property to R. Scott
Cairns and Sandra K. Cairns.
Section 2. The City Attorney is authorized to take such further action as is necessary
to finalize the sale of the Property.
Passed, approved and adopted this 1st day of August, 2016.
Attest: Kevin S. Firnstahl, City Clerk
12
Roy D. Buol, Mayor
2. 210 Jones Street - Urban Revitalization Plan: Proof of publication on notice of pub-
lic 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 Revitaliza-
tion Area. Seconded by Del Toro. Motion carried 7-0.
RESOLUTION NO. 293-16
APPROVING THE ADOPTION OF AN URBAN REVITALIZATION PLAN FOR THE
210 JONES STREET URBAN REVITALIZATION AREA
Whereas, the City Council of the City of Dubuque (the City), Iowa on June 6, 2016,
approved Resolution No. 231-16, a resolution of necessity finding that the revitalization
and redevelopment of the area in the City of Dubuque, Iowa known as the 210 Jones
Street Urban Revitalization Area is necessary in the interest of the welfare of the resi-
dents of the City, and that the property included therein meets the criteria for an Urban
Revitalization Area as defined in Section 404.1 of the Code of Iowa, 2015 (the Act); and
Whereas, on June 20, 2016 the City Council received and filed a proposed Urban
Revitalization Plan (the Plan) for the 210 Jones Street Urban Revitalization Area and set
the date of a public hearing on the same; and
Whereas, the City Clerk has duly published the notice of public hearing and gave the
notice to the property owners by ordinary mail at least thirty days prior to the public
hearing; and
Whereas, the City Council has held the required public hearing, and will schedule a
second public hearing if it receives a valid petition requesting said public hearing within
thirty days after the public hearing held on August 1, 2016.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That all objections received, if any, at the public hearing referred to in the
preamble above are found to be without sufficient merit to warrant amending the pro-
posed Urban Revitalization Plan.
Section 2. That the proposed Urban Revitalization Plan for the 210 Jones Street Ur-
ban Revitalization Area described therein is hereby approved, and that it is the intention
of this Council to designate such area by ordinance as a revitalization area under the
Act.
Passed and approved this 1st day of August, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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
13
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 car-
ried 7-0.
RESOLUTION NO. 294-16
APPROVING AN APPLICATION FOR VOLUNTARY ANNEXATION OF TERRITORY
TO THE CITY OF DUBUQUE, IOWA
Whereas, the City Council of Dubuque has received a written application from the
City Manager for the voluntary annexation of approximately 21.14 acres of property
west of Seippel Road and north of Humke Road owned by the City of Dubuque for lease
to Alliant Energy and consisting of the Northern Portion of Lot 2 in "W.A. Norman Place"
in Section 25, Center Township, Dubuque County, Iowa, according to the plat thereof,
as shown on Exhibits A and B and legally described in Exhibit C; and
Whereas, the annexation territory is not subject to an existing annexation moratorium
agreement; and
Whereas, the annexation territory adjoins the City of Dubuque corporate limits for at
least 50 feet; and
Whereas, the annexation territory does not abut or include Dubuque County right-of-
way; and
Whereas, the annexation territory does not include State of Iowa, Dubuque County,
or railroad property; and
Whereas, Chapter 368 of the Iowa Code authorizes the extension of City limits in sit-
uations of this character by adoption of a resolution after notification and public hearing;
and
Whereas, this annexation is consistent with the City's Comprehensive Plan; and
Whereas, the City of Dubuque has the capacity to provide substantial municipal ser-
vices to the annexation territory; and
Whereas, the annexation is in the public interest.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the application for the voluntary annexation of approximately 21.14
acres of property west of Seippel Road and north of Humke Road owned by the City of
Dubuque, said territory lying outside of the corporate limits of the City of Dubuque, Iowa,
as shown on Exhibit A and Exhibit B and legally described in Exhibit C, is hereby ap-
proved for annexation to the City of Dubuque.
Section 2. That, subject to the approval of the City Development Board, the corporate
limits of the City of Dubuque be and they hereby are extended to include the approxi-
mately 21.14 acres of annexation territory as shown on Exhibit A and Exhibit B.
Section 3. That the City Council does hereby certify that the City of Dubuque has
complied with the notice and hearing requirements of the Iowa Code pertaining to 100%
voluntary annexation of territory within the urbanized area of another city.
Section 4. That if the City Development Board approves this annexation, the territory
hereby annexed shall become a part of Ward One of the City of Dubuque.
Section 5. That the City Clerk shall file this resolution, all exhibits and the applications
for voluntary annexation with the City Development Board of the State of Iowa in ac-
cordance with the provisions of Chapter 368 of the Iowa Code.
14
Passed, approved and adopted this 1st day of August, 2016.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
4. Grandview Avenue and Loras Boulevard / Grandview Avenue and University Ave-
nue 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 Av-
enue 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 Intersec-
tion 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.
RESOLUTION NO. 295-16
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR THE GRANDVIEW AVENUE & LORAS BOULEVARD AND
GRANDVIEW AVENUE & UNIVERSITY AVENUE INTERSECTION IMPROVEMENT
PROJECT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, form of contract and estimated cost for the
Grandview Avenue & Loras Boulevard and Grandview Avenue & University Avenue In-
tersection Improvement Project, in the estimated amount $589,424.92, are hereby ap-
proved.
Passed, approved and adopted this 1st day of August, 2016.
Attest: Kevin S. Firnstahl, City Clerk
PUBLIC INPUT
Roy D. Buol, Mayor
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 criti-
cism 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 wet-
lands. They requested information be distributed to local, like-minded organizations and
volunteers interested in independent service projects of any size. The speakers provid-
ed an informational brochure to the City Clerk for distribution.
15
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 Up-
date 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 addi-
tion 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 vari-
ous phases of the Bee Branch Watershed Flood Mitigation Project. Topics included a
review of the status of several infrastructure improvement projects; monitor-
ing/maintenance of the W. 32nd St. Detention Basin, Lower Bee Branch Creek Restora-
tion 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./W. Locust St. and respective fu-
ture improvements; status of Bee Branch railroad culverts; and an update on the imper-
vious 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 To-
ro. 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 es-
tablishes the Board of Library Trustees and provides for the powers, operation, mem-
bership 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 two
Council meetings prior to the meeting at which it is to be passed be suspended. Se-
conded by Connors. City Manager Van Milligen and City Attorney Barry Lindahl re -
16
sponded to questions from the City Council regarding State mandates that govern librar-
ies, 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 Amend-
ing 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.
OFFICIAL PUBLICATION
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 PROVID-
ING FOR THE POWERS, OPERATION, MEMBERSHIP, AND MEETINGS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Title 2, Chapter 7 of the City of Dubuque Code of Ordinances is hereby re-
leased and the following adopted in lieu thereof:
Chapter 7
BOARD OF LIBRARY TRUSTEES
2-7-1: Board Created: There is hereby created the Board of Library Trustees.
2-7-2: Purpose: The purpose of the board is to control and direct the Carnegie -Stout
Public Library.
2-7-3: Internal Organization and Rules: The board may adopt rules and regulations to
govern its organizational procedures as outlined in the Board of Trustees by-laws, which
are not in conflict with this Code of Ordinances or the Iowa Code.
2-7-4: Procedures for Operation: Except where the board's operations are governed
by the Iowa Code, the board may adopt policies to govern its operation.
2-7-5: Membership:
A. The board comprises seven (7) residents of the city, appointed by the mayor
with the concurrence of the city council.
B. Residents must be eighteen (18) years of age or older.
C. Membership on the board must comply with the provisions of Iowa Code
§69.16A, relating to gender balance. No person can be appointed or reappointed to
the board if that appointment or reappointment would cause the number of members
of one gender to be greater than one-half ('/2) of the membership of the board plus
one (1). If the city has made a good faith effort to appoint a qualified person to fill a
vacancy on the board for a period of three (3) months but has been unable to make a
compliant appointment, the city must utilize a fair and unbiased method of selecting
the best qualified applicants.
2-7-6: Oath: Each person, upon appointment or reappointment to the board, must
execute an oath of office at the first meeting of the board following the appointment or
reappointment or at the city clerk's office any time prior to the first meeting of the board.
17
2-7-7: Terms: The term of office for members of the board is four (4) years or until
such member's successor is appointed and qualified.
2-7-8: Vacancies: Vacancies must be filled in the same manner as original appoint-
ments.
2-7-9: Officers/Organization: The board must choose annually a chairperson and
vice -chairperson, each to serve a term of one (1) year. The chairperson must appoint a
secretary. The board must fill a vacancy among its officers for the remainder of the of-
ficer's unexpired term.
2-7-10: Meetings:
A. Regular Meetings. The board must meet not less than what is required by the
State Library of Iowa standards for accreditation.
B. Special Meetings. Special meetings may be called by the chairperson or at the
written request of a majority of the members.
C. Open Meetings. All meetings must be called and held in conformance with the
Iowa Open Meetings Law.
D. Attendance.
1. The board must declare the office of a trustee vacant when the trustee is re-
moved from the library board or the unexcused absence from six (6) consecutive
regular meetings.
2. Attendance must be entered upon the minutes of all meetings.
E. Minutes. A copy of the minutes of all regular and special meetings of the board
must be filed with the city clerk within ten (10) working days after approval.
F. Quorum. Four (4) members of the board constitute a quorum for the transaction
of business. The affirmative vote of a majority of the members present and voting is
necessary for the adoption of any motion or resolution.
2-7-11: Compensation: Members serve without compensation, provided that they
may receive reimbursement for necessary travel and other expenses while on official
board business within the limits established in the city administrative policies and budg-
et.
2-7-12: Removal: The mayor may remove any member for cause upon written charg-
es and after a public hearing.
2-7-13: Powers: The board has the following powers, duties, and responsibilities:
A. To have charge, control, and supervision of the public library, its appurtenances
and fixtures, and rooms containing the same, directing and controlling all the affairs
of such library;
B. To employ a librarian, such assistants, and employees as may be necessary for
the proper management of said library, and fix their compensation; but, prior to such
employment, the compensation of such librarian, assistants, and employees shall be
fixed for the term of employment by a majority of the members of said board voting in
favor thereof;
C. To remove such librarian, assistants, or employees by a vote of two-thirds (2/3)
of such board for good cause;
D. To select and make purchases of print and non -print materials for the collection,
furniture, fixtures, stationery, and supplies for such library;
E. To authorize the use of such library by non-residents of the city and to fix
charges therefor;
18
F. To make, adopt, amend, modify, or repeal bylaws, rules, and regulations not in-
consistent with law, for the care, use, government, and management of such library
and the business of said board, fixing and enforcing penalties for the violation there-
of;
G. To have exclusive control of the expenditures of all taxes levied for library pur-
poses as provided by law, and of the expenditure of all monies available by gift or
otherwise, for the erection of library buildings and of all other monies belonging to the
library fund; and,
H. To contract with the trustees of the township or the Dubuque County Board of
Supervisors or of adjacent townships or counties, or with the trustees or governing
bodies of neighboring towns or cities not having library facilities for the public, to loan
the books of said library, either singly or in groups, upon such terms as may be
agreed upon in such contract.
2-7-14: CHARGE OF BUILDING, DONATIONS: The board has charge and control of
the Carnegie -Stout Public Library building and all gifts and donations to the city for li-
brary purposes, and sees that the same are properly preserved for public use.
2-7-15: ANNUAL REPORTS: The board must each year make a report to the city
council for the year ending December 31, giving a statement of the condition of the li-
brary, the number of books added thereto, the number circulated, the number not re-
turned or lost, the amount of fines collected, and the amount of money expended in the
maintenance thereof during such year, together with such other information as may
deemed important.
Section 2. Nothing herein effects the term of any person serving as a member of the
board as of the effective date of this Ordinance.
Section 3. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 1st day of August, 2016.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 5th day of August, 2016.
/s/Kevin S. Firnstahl, City Clerk
5. Code of Ordinances Amendment - Title 9 Use of Crosswalks: City Manager rec-
ommending approval of an amendment to the City of Dubuque Code of Ordinance gov-
erning 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 At-
torney 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
19
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.
OFFICIAL PUBLICATION
ORDINANCE NO. 38-16
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI-
CLES AND TRAFFIC, CHAPTER 8 PEDESTRIANS' RIGHTS AND DUTIES BY RE-
PEALING SECTION 9-8-321.328 CROSSING AT OTHER THAN CROSSWALK AND
SECTION 9-8-321.330 USE OF CROSSWALKS; AND BY ENACTING A NEW SEC-
TION 9-8-321.328 USE OF CROSSWALKS PROVIDING FOR THE PROCEDURE
FOR USING CROSSWALKS IN THE CITY
Section 1. Section 9-8-321.328 of the City of Dubuque Code of Ordinances is
amended to read as follows:
9-8-321.328: USE OF CROSSWALKS:
A. Within 200 feet of any marked crosswalk in the city of Dubuque, pedestrians
must use the marked crosswalk to cross the roadway.
B. Pedestrians shall move, whenever practicable, upon the right half of cross-
walks.
C. Every pedestrian crossing a street at any point more than 200 feet from a
marked crosswalk or within an unmarked crosswalk at an intersection shall yield the
right of way to all vehicles upon the roadway.
Section 2. Section 9-8-321.330 of the City of Dubuque Code of Ordinances is
amended to read as follows:
9-8-321.330: RESERVED:
Section 3. This Ordinance takes effect on publication.
Passed, approved, and adopted the 1st day of August, 2016.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 5th day of August, 2016.
/s/Kevin S. Firnstahl, City Clerk
6. Code of Ordinances Amendment - Title 14 East-West Corridor Moratorium Exten-
sion: 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 re-
quirement 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. Se-
conded by Connors. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 39-16 Amend-
ing City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 2
Building Construction, Demolition and Moving, Section 14-2-4 Moratorium for Construc-
tion or Other Work on Certain Streets, Areas, or Facilities by extending the Moratorium.
Seconded by Connors. Motion carried 7-0.
20
OFFICIAL PUBLICATION
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
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances Section 14-2-4 is amended to read
as follows:
Section 14-2-4: Moratorium for Construction or Other Work on Certain Streets, Areas
or Facilities:
B. East-West Corridor Study Area: The city manager may not issue any permit for
any new construction or substantial enlargement, alteration, repair or remodeling of
any structure, building, or sign in the east -west corridor study area as shown on the
map on file in the office of the city clerk, but not to include demolition or emergency
repairs without the approval of the city council, from the effective date hereof to Au-
gust 20, 2019, except where a vested right to the issuance of such permit accrued
prior to the effective date hereof.
Section 2. This ordinance shall take effect upon publication
Passed, approved, and adopted the 1st day of August, 2016.
/s/Roy D. Buol, Mayor
Attest: /s/Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 5th day of August, 2016.
/s/Kevin S. Firnstahl, City Clerk
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 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 fund-
ing involved with this agreement, the City will still have maintenance responsibilities.
Motion carried 7-0.
RESOLUTION NO. 296-16
APPROVING A SUPPLEMENTAL AGREEMENT BETWEEN THE CITY OF SAGE-
VILLE, IOWA, THE CITY OF DUBUQUE, IOWA, AND DUBUQUE COUNTY, IOWA
Whereas, the Dubuque City Council, the Dubuque County Board of Supervisors, the
Dubuque Metropolitan Area Transportation Study (DMATS), the Dubuque Area Cham -
21
ber of Commerce and the Greater Dubuque Development Corporation have all identi-
fied the completion of the Southwest Arterial Project as the No. 1 surface transportation
priority in the Dubuque area; and
Whereas, the City and Iowa Department of Transportation (Iowa DOT) desire to
maintain and increase transportation infrastructure while improving safety for the motor-
ist within the City of Dubuque and Dubuque County and acknowledge the mutual benefit
to partner on the Southwest Arterial Project; and
Whereas, the City and the Iowa DOT executed a Memorandum of Understanding
(MOU) for the completion of the Southwest Arterial project; and
Whereas, the Iowa DOT and City, in joint cooperation propose to Transfer the Juris-
diction of the Southwest Arterial from the City to the State of Iowa in exchange for the
Transfer of Jurisdiction of the Northwest Arterial (Iowa 32), and portions of existing U.S.
52/Iowa 3 from the Iowa 32/John Deere Road intersection to the intersection of U.S. 61
in downtown Dubuque, from the State to the City, after the Southwest Arterial is com-
pleted and open to traffic; and
Whereas the City of Sageville, Iowa, the City of Dubuque, Iowa, and Dubuque Coun-
ty, Iowa entered into an Agreement in 1989 (the 1989 Agreement) regarding construc-
tion of the Phase IV of the Northwest Arterial Project from John F. Kennedy Road to
U.S. Highway 52/U.S. Highway 3; and
Whereas, the Agreement provides that the City of Dubuque and Dubuque County
have agreed to indemnify and hold the City of Sageville harmless with respect to Phase
IV of the Northwest Arterial Project; and
Whereas, the City of Dubuque and Dubuque County have requested the City of
Sageville accept and execute an Iowa Department of Transportation (the Iowa DOT)
Agreement for Transfer of Road Jurisdiction (the TOJ Agreement); and
Whereas, the City of Sageville has agreed to accept and executed the TOJ Agree-
ment, provided the City of Dubuque and Dubuque County confirm the indemnification
and hold harmless obligations as set forth in the original 1989 Agreement.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOL-
LOWS:
Section 1. City of Dubuque, the City of Sageville, and Dubuque County hereby agree
to partner on the Southwest Arterial Project.
Section 2. The City of Dubuque hereby confirms the indemnification and hold harm-
less obligations as set forth in the original 1989 Agreement.
Section 3. The Mayor is hereby authorized to execute the Supplemental Agreement
between the City of Dubuque, the City of Sageville, and Dubuque County which will al-
low for the transfer of jurisdiction for the roadway segment of the Northwest Arterial
(U.S. Highway 52/U.S. Highway 3) located within the City of Sageville corporate limits,
transferring from the Iowa Department of Transportation (Iowa DOT) to the City of
Sageville, subject to approval of the final version of the TOJ Agreement by the City
Manager and execution of the TOJ Agreement by the City of Sageville.
Passed, approved and adopted this 1st day of August, 2016.
Attest: Kevin S. Firnstahl, City Clerk
22
Roy D. Buol, Mayor
8. Compensation Plan for City Attorney's Office Reorganization: City Attorney rec-
ommending 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 re-
ceive 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 as-
sistant city attorney position and the impact it may have on future hiring in the depart-
ment. 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, perseverance and commitment. Motion carried 6-1 with Del Toro voting nay.
10. Request for Work Session - Quarterly Sustainable Dubuque: City Manager rec-
ommending the City Council schedule the Sustainable Dubuque Quarterly Work Ses-
sion 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 perform-
ing 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.
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), -(j) 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 Lin-
dahl, Assistant City Attorney Crenna Brumwell, and Assistant City Attorney Maureen
Quann. Motion carried 7-0.
23
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
24