9 19 16 Clerks' Skeleton Notes and Meeting CallCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on September 19, 2016
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buof (via phone), Mayor Pro -Tem Cynch; Council Members Connors,
rToro, Jones,, -Resnick, Rios -City Manager an Milligen, City Attorney-Lindahl
Ab
Mayor Pro -Tem Lynch 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
N
1. National Museum of African-American History and Culture Day (S,eptember 24, 2016)
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
Was accepted by✓`'
2. Crop Walk Day (October 4, 2016) was accepted by
1
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CONSENT ITEMS
Yays
Nays
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1. Minutes and Reports Submitted
Cable TV Commission of 9/7; City Council Proceedings of 9/6, 9/12; Library Board of
Trustees of 7/28 and Council Update #152 of 8/25; Long Range Planning Advisory
Commission of 8/17; Zoning Advisory Commission of 9/7; Zoning Board of Adjustment
of 8/25; Proof of Publication for City Council Proceedings of 8/30
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
National Agribusiness Insurance/Mary Althaus for vehicle damage; Ciara Neealy for
vehicle damage; Richard Sherman, 11 for vehicle damage
Suggested Disposition: Receive and File; Refer to City Attorney
3. Disposition of Claims
City Attorney advising that the following claims have been referred to Public Entity Risk
Services of Iowa, the agent for the Iowa Communities Assurance Pool: National
Agribusiness Insurance Co./Mary Althaus for vehicle damage; Richard Sherman, II for
vehicle damage
Suggested Disposition: Receive and File; Concur
4. andy Peck Receives Labor Relations Award of Excellence
ity Manager transmitting information about Personnel Manager Randy Peck receiving
the Labor Relations Award of Excellence from the Iowa Public Employer Labor
Relations Association (IaPELRA).
Suggested Disposition: Receive and File
5. ule Transit FTA Ridership Award
ity Manager transmitting information about Jule Transit Manager Candace Eudaley
accepting the Ridership Award of Excellence from the Federal Transit Administration at
the Transit Midwest Conference.
$76
Suggested Disposition: Receive and File
2
Yays
Nays
Connors
Lynch
Resnick
Rios
Buol
Del Toro
Jones
6. Replacement Agency for Project Concern
City Manager recommending approval to replace Project Concern with East Central
Development Corporation, a non-profit division of East Central Intergovernmental
Association, as the sponsor agency to manage the Shelter Care Plus Program under
the Continuum of Care Grant.
RESOLUTION 319-16 Authorizing the Mayor to Execute a contract for the Continuum of
Care Special Needs Assistance Grant for Supportive Services designating East Central
Development Corporation as sponsor agency
Suggested Disposition: Receive and File; Adopt Resolution(s)
7. Washington Neighborhood Housing Trust Fund Grant Application
City Manager recommending approval for the commitment of local matching funds for a
grant application being submitted by the City of Dubuque Housing Trust Fund
Committee to the Iowa Finance Authority State Housing Trust Fund for continued
support of homeownership in the Washington Neighborhood.
RESOLUTION 320-16 Approving commitment of matching funds for an application to
the Iowa Finance Authority (IFA) for State Housing Trust Funds.
Suggested Disposition: Receive and File; Adopt Resolution(s)
8. US EPA Consent Decree September 30 Semiannual Report
City Manager recommending authorization for the City Manager to certify the
September 30, 2016 Consent Decree Semi Annual Report for submittal to the US
Department of Justice, US EPA and the Iowa Department of Natural Resources.
Suggested Disposition: Receive and File; Approve
Yays
Nays
Connors
Lynch
Resnick
Rios
Buol
Del Toro
Jones
9. Friends of St. Mary's d/b/a Steeple Square - Third Amendment to Development
Agreement
City Manager recommending approval of the Third Amendment to the Development
Agreement between the City of Dubuque and Friends of St. Mary's d/b/a Steeple
Square for the property located at 1501 Jackson Street.
RESOLUTION 321-16 Approving the Third Amendment to the Development Agreement
between the City of Dubuque, Iowa and Friends of St. Mary's d/b/a Steeple Square
Suggested Disposition: Receive and File; Adopt Resolution(s)
10. Great Lakes Career Ready Internship Grant Program
City Manager recommending approval to utilize the Great Lakes Career Ready
Internship Grant Program in order to employ a Loras College student as a temporary
intern in the Circles Program -Housing and Community Development Department the fall
semester beginning September 12, 2016 until December 23, 2016.
Suggested Disposition: Receive and File; Approve
11. Request for Proposals - Fire Stations Rooftop Solar
City Manager recommending approval to issue a Request for Proposals for the design
and potential installation of solar photovoltaic systems on the City's six fire station
rooftops, and approval for the City Manager to execute a contract with a recommended
firm should solar construction during Fiscal Year 2017 be recommended, based on the
requirement that there be no upfront capital investments.
Suggested Disposition: Receive and File; Approve
12. Northfork Trails Subdivision - Acceptance of Improvements
City Manager recommending acceptance of the public improvements on Keymont Court
that the developer, 4 -ALL LLC, has recently completed in North Fork Trails No. 5, Lots 1
through 10.
RESOLUTION 322-16 Accepting public improvements in North Fork Trails No. 5 - Lots
1 through 10
Suggested Disposition: Receive and File; Adopt Resolution(s)
4
Yays
Nays
Connors
Lynch
Resnick
Rios
Buol
Del Toro
Jones
13. Green Industrial Supply, Inc. - IEDA Contract Second Amendment
City Manager recommending approval of a resolution authorizing a second amendment
to a contract with the Iowa Economic Development Authority (IEDA) for Iowa Values
Funds Financial Assistance benefits on behalf of Green Industrial Supply, Inc.
RESOLUTION 323-16 Approving a Second Amendment to the Economic Development
Financial Assistance Contract by and among Green Industrial Supply, Inc., the City of
Dubuque, and the Iowa Department of Economic Development
Suggested Disposition: Receive and File; Adopt Resolution(s)
14. Delinquent Weed, Junk, and Garbage Collection Accounts (Health Services)
City Manager recommending the levy of special assessments for the
Weed/Junk/Garbage Enforcement Programs which is being levied against 16 separate
parcels of property inspected from October 5, 2015 to June 21, 2016.
RESOLUTION 324-16 Adopting the Schedule of Assessments for 2016 and directing
the City Clerk to certify the Schedule of Assessments to the County Treasurer and to
publish notice thereof
Suggested Disposition: Receive and File; Adopt Resolution(s)
15. City Street Financing Report for Fiscal Year 2016
City Manager recommending approval of the City of Dubuque's Fiscal Year 2016 City
Street Financing Report.
RESOLUTION 325-16 Approving the City of Dubuque Fiscal Year 2016 City Street
Financing Report
Suggested Disposition: Receive and File; Adopt Resolution(s)
5
Yays
Nays
Connors
Lynch
Resnick
Rios
Buol
Del Toro
Jones
16. 2016 Justice Assistance Grant (JAG) Acceptance
City Manager recommending acceptance of the 2016 Justice Assistance Grant (JAG).
Suggested Disposition: Receive and File; Approve
17. Visiting Nurses Association Home Advocate Contract Extension
City Manager recommending approval to extend the Visiting Nurse Association
agreement through January 2017.
Suggested Disposition: Receive and File; Approve
18. Alternative Services Concepts (ASC) Renewal Rates
City Manager recommending approval of Alternative Services Concepts' (ASC) renewal
rates for worker's compensation claims administration effective October 1, 2016 through
September 30, 2017.
Suggested Disposition: Receive and File; Approve
19. Dubuque Main Street Program Agreements
City Manager recommending approval of a resolution and Program Agreement between
Dubuque Main Street, the City of Dubuque and the Iowa Department of Economic
Development.
RESOLUTION 326-16 Resolution of Support and Financial Commitment for the Main
Street Program in Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
6
vays
Nays
Connors
Lynch
Resnick
Rios
Buol
Del Toro
Jones
20. City of Asbury Request to Use Tax Increment Financing for Hawkeye Care
Facility
City Manager recommending approval of the Joint Agreement with the City of Asbury
allowing the City of Asbury to utilize tax increment financing for the relocation of the
Hawkeye Care Facility to Asbury from Dubuque.
RESOLUTION 337-16 Approving a Joint Agreement with the City of Asbury for the
relocation of Hawkeye Care Facility from the City of Dubuque to the City of Asbury, for
the purpose of undertaking an urban renewal project
Suggested Disposition: Receive and File; Adopt Resolution(s)
21. Improvement Contracts / Performance, Payment and Maintenance Bonds
Midwest Concrete, Inc. for the 2016 Asphalt Overlay Access Ramp Projects Two and
Three.
Suggested Disposition: Receive and File; Approve
22. Alcohol Compliance Civil Penalty for Alcohol License Holder — Aldi, Inc.
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Aldi, Inc., #30, 2160 Holliday Drive.
Suggested Disposition: Receive and File; Approve
23. Business License Refund
Request by GPM Midwest, LLC for a refund of the liquor license BC0030362 for Fas
Mart #5159 located at 2175 Central Avenue, due to a license upgrade.
Suggested Disposition: Receive and File; Approve
7
Yays
Nays
Connors
Lynch
Resnick
Rios
Buol
Del Toro
Jones
24. Alcohol and Tobacco License Applications
City Manager recommending approval of annual liquor, beer, wine and tobacco license
applications as submitted.
RESOLUTION 327-16 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
RESOLUTION 328-16 Approving applications for retail cigarette/tobacco
sales/nicotine/vapor permits, as required by Iowa Code 453A.47A
Suggested Disposition: Receive and File; Adopt Resolution(s)
8
ITEMS SET FOR PUBLIC HEARING
1. Opening Doors - Partial Release' of Mortgages
City Manager recommending that the City Council set a public hearing be set for
October 3, 2016, on the partial release of three mortgages granted by Opening Doors to
the City of Dubuque.
RESOLUTION 329-16 Resolution of Intent to dispose of an interest in real estate by
Partial Release of certain mortgages granted by Opening Doors to the City of Dubuque,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
10/3/16
Yays ,
Nays
Connors
Lynch
Resnick
Rios
1
Buol
1
Del Toro
Jones
9
BOARDS/COMMISSIONS
Appointment was made to the following commission.
1. Long Range Planning Advisory Commission
One, 3 -year term through July 1, 2017 (Expired term of Clements).
Applicant: Ronald Collins, 243 Cardiff St.
Yays
Nays
Connors
Lynch
JResnick
Rios
Buol
Del Toro
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Jones
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e6
PUBLIC HEARINGS
1. Dubuque Regional Airport Parking Lot Repair Project
Proof of publication on notice of public hearing to consider approval of plans,
specifications, form of contract, and estimated cost for the Dubuque Regional Airport
Parking Lot Repair Project and the City Manager recommending approval.
RESOLUTION 330-16 Approval of plans, specifications, form of contract, and estimated
cost for the Dubuque Regional Airport Parking Lot Repair Project 2016.
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
.
Connors
Lynch
`,
Resnick
Rios
Buol
Del Toro
'-
Jones
11
2. NW Arterial and Chavenelle Road Left Turn Lane Improvement Project
Proof of publication on notice of public hearing to consider O approval of
plans, specifications, form of contract, and estimated cost for the Northwest
Arterial/Chavenelle Road Intersection Left Turn Lane Improvements Project and the City
Manager recommending approval.
RESOLUTION 331-16 Approval of plans, specifications, form of contract, and estimated
cost for the Northwest Arterial / Chavenelle Intersection Left Turn Lane Improvements
Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
Connors
Lynch
Resnick
Rios
Buol
I
Del Toro
Jones
12
3. Dubuque Industrial Center West - Urban Renewal Plan Amendment
Proof of publication on notice of public hearing to approve the Amended and Restated
Urban Renewal Plan for the Dubuque Industrial Center Economic Development District
and the City Manager recommending approval.
RESOLUTION 332-16 Approving the Amended and Restated Urban Renewal Plan for
the Dubuque Industrial Center Economic Development District
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
Connors
Lynch
Resnick
l/
Rios
Buol
,/
Del Toro
r
Jones
13
4. Code of Ordinances Amendment - Title 16 Downtown Design / Architectural
Guidelines
Proof of publication on notice of public hearing to consider approval of a request by the
City of Dubuque to amend the Unified Development Code to replace, in various
sections, references to Downtown Design Guidelines with Architectural Guidelines in
sections 16-10 and 16-3 and the Zoning Advisory Commission recommending approval.
ORDINANCE 44-16 Amending City of Dubuque Code of Ordinances Title 16 Unified
Development Code, Chapter 10 Historic Preservation Commission Applications and
Procedures, Section 16-10-10 Standards for Review by References Architectural
Guidelines.
ORDINANCE 45-16 Amending City of Dubuque Code of Ordinances Title 16 Unified
Development Code, Chapter 13, Site Design Standards, Section 16-13-2 Applicability to
Reference Architectural Guidelines.
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays.
Nays
Vvy
Connors
Lynch
Resnick
Rios
Buol
Del Toro
Jones
Final Reading and Adopt
Yays y
Nays
Connors
Lynch
Resnick
Rios
Buol
i-°
Del Toro
Jones
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5. Code of Ordinances Amendment - Titles 15 & 16 Meeting Requirement for Long
Range Planning Advisory Commission, Zoning Advisory Commission, and the
Zoning Board of Adjustment
Proof of publication on notice of public hearing to consider approval of a request by the
City of Dubuque to change the meeting requirement for the Long Range Planning
Advisory Commission, the Zoning Board of Adjustment and the Zoning Advisory
Commission and the Zoning Advisory Commission recommending approval.
ORDINANCE 46-16 Amending City of Dubuque Code of Ordinances Title 15 Planning
and Zoning, Chapter 2 Long Range Planning Advisory Commission, Section 15-2-10
Meetings by Changing the Meeting Requirement
ORDINANCE 47-16 Amending City of Dubuque Code of Ordinances Title 16 Unified
Development Code, Chapter 8 Zoning Board of Adjustment Applications and
Procedures, Section 16-8-1 Zoning Board of Adjustment by Changing the Meeting
Requirement
ORDINANCE 48-16 Amending City of Dubuque Code of Ordinances Title 16 Unified
Development Code, Chapter 9 Zoning Advisory Commission Applications and
Procedures, Section 16-9-1 Zoning Advisory Commission by Changing the Meeting
Requirement
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Nays
Connors
l-'
Lynch
t- "
Resnick
l7'
Rios
Buol
1
Del Toro
Jones
Final Reading and Adopt
Yays
Nays
Connors
Lynch
Resnick
l7'
Rios
Buol
1
Del Toro
Jones
15
6. Fiscal Year 2017 First Budget Amendment
Proof of publication on notice of public hearing to consider approval of the first Fiscal
Year 2017 Budget Amendment, which amends the Fiscal Year 2017 budget for City
Council actions since the beginning of the fiscal year.
RESOLUTION 333-16 Amending the Current Budget for the Fiscal Year Ending June
30, 2017
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
Connors
Lynch
Resnick
Rios
Buol
Del Toro
Jones
16
7. Lease of Property to Interstate Power and Light Company for Construction of
Solar Array Ad
Proof of publication on notice of public hearing to consider approval of a lease with
Interstate Power and Light Company for approximately 21A4 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 and the City
Manager recommending approval.
RESOLUTION 334-16 Disposing of an interest in real property located in the City of
Dubuque, Iowa by lease between the City of Dubuque and Interstate Power and Light
Company
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
Connors
Lynch
,,/
Resnick
?/'
Rios
Buol
Del Toro
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PUBLIC INPUT
18
ACTION ITEMS
1. Heritage Trail Head Parking Lot Project Award
City Manager recommending award of the construction contract for the Heritage Trail
Head Parking Lot Project to the low bidder Temperly Construction.
RESOLUTION 335-16 Awarding public improvement contract for the Heritage Trail
Head Parking Lot Project.
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
Connors
Lynch
Resnick
Rios
Buol
Del Toro
Jones
19
2. Timber Ridge Estates Preliminary Plat
Zoning Advisory Commission recommending approval of the preliminary plat for Timber
Ridge Estates subject to waiving the street width.
Suggested Disposition: Receive and File; Approve
Yays
Nays
,
Connors
Lynch
Resnick
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Rios
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Buol
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Del Toro
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Jones
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3. Dubuque Industrial Center West Urban Renewal Ordinance
City Manager recommending Council approval of an ordinance amending the tax
increment ordinance for the Dubuque Industrial Center Economic Development District
that allow tax increment financing to be used in the new Subareas H, land J of the
District.
F7-
ORDINANCE 49-16 Amending Ordinance No. 55-15, Previously Amended, Providing
that general property taxes levied and collected each year on all property located within
the Amended And Restated Dubuque Industrial Center Economic Development District
Urban Renewal Area of the City of Dubuque, County of Dubuque, State of Iowa, by and
for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque
Community School District, and other Taxing Districts, be paid to a special fund for
Payment of Principal And Interest on Loans, Monies Advanced to and indebtedness,
including bonds issued or to be issued, incurred by said city in connection with the
Amended and Restated Dubuque Industrial Center Economic Development District
Urban Renewal Redevelopment Project
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Nays
i
Connors
Lynch
Resnick
a..-<
Rios
Buol
Del Toro
,
Jones
Final Reading and Adopt
Yays
Nays
Connors
Lynch
Resnick
Rios
Buol
Del Toro
Jones
21
4. Property Acquisition - 6450 Pennsylvania Avenue
City Manager recommending approval of the acquisition of 6450 Pennsylvania Avenue
from Douglas M. and Dianne M. Fritsch and further recommends authorization of the
acceptance of the Warranty Deed and any other related steps necessary to carry out
the terms of the Offer.
RESOLUTION 336-16 Approving the acquisition of real estate owned by Douglas M.
and Dianne M. Fritsch in the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
4.7/
Connors
Lynch
Resnick
Rios
Buol
Del Toro
Jones
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5. Fair Housing Testing Requests for Proposals
City Manager recommending approval of the selection of the Fair Housing Center of
Nebraska and Iowa to provide both the originally proposed testing as well as the testing
based on disability, and allow the City Attorney's Office to negotiate the confkt subject
to City Manager approval.
Suggested Disposition: Receive and File; Approve
Yays
Nays
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Connors
Lynch
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Resnick
Rios
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Del Toro
Jones
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6. Request for Work Session - Bee Branch Creek Restoration Project Walking
Tour
City Manager recommending that the City Council schedule a work session for a
walking tour of the Bee Branch Creek Restoration Project for Monday, October 24,
2016, at 5:00 p.m.
Suggested Disposition: Receive and File; Council
Yays ,,,
Nays
177
Connors
Lynch
Resnick
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Rios
Buol
Del Toro
Jones
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04, 2
9:AW
COUNCIL MEMBER REPORTS
CLOSED SESSION @ p.m.
Pending Litigation and Property Acquisition —Chapter 21.5(1)(c), -(j) Code of Iowa
Public Statement
Yays
Nays
Nays
Connors
Connors
Lynch
Lynch
°"
Rios
Resnick
Buol
Rios
Del Toro
Buol
Del Toro
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/
Jones
ADJOURNMENT @ ,- p.m.
Yays
Nays
Connors
Lynch
Resnick
Rios
Buol
Del Toro
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 Monday, September 19, 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.
C\\ -
Kevin J. Lynch, -ayor Pro -Tem
Consent Items: Pages 1-4
CLOSED SESSION STATEMENT
Meeting Date: September 19, 2016
For the record, the attorneys we will consult with on the issues to be discussed in the
closed session are:
City Attorney Barry Lindahl
Assistant City Attorney Crenna Brumwell
Assistant City Attorney Maureen Quann
Attorney Ivan Webber