Minutes_City Council Proceedings 11 21 16 CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:00 p.m. on Monday, November,
21 , 2016 in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors, Del Toro, Jones, Lynch, Resnick,
Rios (via telephone); City Manager Van Milligen, City Attorney Brumwell
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
Small Business Saturday (November 26, 2016) was accepted by Molly Grover,
President & CEO of the Dubuque Area Chamber of Commerce.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose
of as indicated. Seconded by Connors. County Supervisor Jay Wickham requested (#9)
Dubuque Metropolitan Area Solid Waste Agency Financing Plan be held for separate
discussion. Motion carried 7-0.
1 . Minutes and Reports Submitted: City Council Proceedings of 11/3, 11/7, 11/14;
Cable TV Commission of 11/2; Library Board of Trustees of 8/25, 9/12; Transit Advisory
Board of 10/6; Zoning Advisory Commission of 11/2; Zoning Board of Adjustment of
10/27; Proof of publication for City Council Proceedings of 10/27, 11/3; Proof of
publication for Notice of Delinquent Water, Sewer, Refuse & Stormwater Collection
Accounts of 10/28. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Jarrod Wernimont for property damage; City of Dubuque
vs. Dull Mullen / Abigail Land Holdings 10 LLC. 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: Jarrod Wernimont for property damage. Upon motion the documents
were received, filed and concurred.
4. Investment Policy Certificate of Excellence Award: Communication from the
Association of Public Treasurers of the United States and Canada presenting the City of
1
Dubuque with the Investment Policy Certificate of Excellence Award. Upon motion the
documents were received and filed.
5. Quarterly Investment Report: City Manager transmitting Quarterly Investment
Report for September 30, 2016. Upon motion the documents were received and filed.
6. Iowa Urban Renewal Annual Report for Fiscal Year 2016: City Manager
recommending approval of the Fiscal Year 2016 Iowa Urban Renewal Report for the City
of Dubuque. Upon motion the documents were received and filed and Resolution No.
389-16 Approving the Fiscal Year 2016 Urban Renewal Report for the City of Dubuque
was adopted.
7. Fiscal Year 2016 State of Iowa Annual Financial Report: City Manager
recommending approval of the City of Dubuque Fiscal Year 2016 State of Iowa Annual
Financial Report. Upon motion the documents were received, filed and approved.
8. City of Dubuque 2017 State Legislative Priorities: City Manager transmitting the City
of Dubuque recommended 2017 State Legislative Priorities to be presented to area
legislators at the annual Legislative Dinner on November 29, 2016, at 5:30 p.m. at the
Grand River Center. Upon motion the documents were received, filed and approved.
9. Dubuque Metropolitan Area Solid Waste Agency (DMASWA) Financing Plan: City
Manager recommending City Council authorization for the Dubuque Metropolitan Area
Solid Waste Agency to borrow money and endorse the financing plan for its Cell #9 Phase
III Construction Project. Motion by Jones to receive and file the documents and adopt
Resolution No. 390-16 Consenting to Financing Plan for Dubuque Metropolitan Area
Waste Authority. Seconded by Resnick. Dubuque County Supervisor Jay Wickham
addressed the City Council requesting that other financing options be explored that
involve the City or the Agency. City Manager Van Milligen described the Board of
Supervisors' past approvals of the agreement. Motion carried 6-1 with Del Toro voting
nay.
10. US EPA Consent Decree Certification Remedial Measures: City Manager
recommending approval for the City Manager to certify and submit the City of Dubuque
Certification of Work Completed Through 2016 to the US Department of Justice, US EPA
and the Iowa Department of Natural Resources. Upon motion the documents were
received, filed and approved.
11 . Total Administrative Services Corporation (TASC) Renewal Fee Approval: City
Manager recommending approval of the renewal rates received from the City's flexible
spending plan administrator, Total Administrative Services Corporation, effective January
1 , 2017, through December 31 , 2017. Upon motion the documents were received, filed
and approved.
12. Gallagher Benefit Services Renewal: City Manager recommending approval of an
amendment to the Administrative Services Agreement with Gallagher Benefit Services,
2
Inc. for benefit and consulting and actuarial services effective July 1 , 2016 through
December 31 , 2016, and authorize the City Manager to sign the amendment. Upon
motion the documents were received, filed and approved.
13. City Hall Electrical Service Project Acceptance: City Manager recommending
acceptance of the public improvement construction contract for the Dubuque City Hall
Electrical Service Project, as completed by Hawkeye Electrical. Upon motion the
documents were received and filed and Resolution No. 391-16 Accepting the Dubuque
City Hall - Electrical Services Project and authorizing the payment to the contractor was
adopted.
14. 2016 Bridge Repair and Maintenance Project Acceptance: City Manager
recommending acceptance of the public improvement construction contract for the 2016
Bridge Repairs and Maintenance Project, as completed by Tschiggfrie Excavating, Co.
Upon motion the documents were received and filed and Resolution No. 392-16
Accepting the 2016 Bridge and Maintenance Project and authorizing the payment to the
contractor was adopted.
15. Workers Compensation Claims Administrative Services Agreement: City Manager
recommending approval of the Agreement between the City of Dubuque and Alternative
Services Concepts for services related to the administration of the City's Worker's
Compensation Program, and authorization for the City Manager to execute the
Agreement. Upon motion the documents were received, filed and approved.
16. Iowa DOT Cooperative Agreement for Improvement to US Highway 20 / Menards
Frontage Road: City Manager recommending approval of a resolution authorizing the
Mayor to execute the Iowa Department of Transportation Cooperative Preconstruction
Funding Agreement for the Southwest Arterial — Menards Frontage Road and
Improvements to U.S. Highway 20. Upon motion the documents were received and filed
and Resolution No. 393-16 Approving the Cooperative Preconstruction Funding
Agreement (Agreement No. 2016-16-207) between the City of Dubuque and Iowa
Department of Transportation for the Southwest Arterial - Menards Frontage Road and
Improvement to US Highway 20 was adopted.
17. Iowa DOT Preconstruction Agreement for SW Arterial/ US Highway 20 Interchange
Grading Project: City Manager recommending approval of a resolution authorizing the
Mayor to execute the Iowa Department of Transportation Preconstruction Funding
Agreement for the Southwest Arterial — US Highway 20 Interchange Grading Project.
Upon motion the documents were received and filed and Resolution No. 394-16
Approving the Preconstruction Funding Agreement (Agreement No. 2017-4-002)
between the City of Dubuque and Iowa Department of Transportation for the Southwest
Arterial - US Highway 20 Interchange Grading Project was adopted.
18. Iowa DOT Preconstruction Funding Agreement - Southwest Arterial -West Grading
Project: City Manager recommending approval of a resolution authorizing the Mayor to
execute the Iowa Department of Transportation Preconstruction Funding Agreement for
3
the Southwest Arterial — West Grading Project. Upon motion the documents were
received and filed and Resolution No. 395-16 Approving the Preconstruction Funding
Agreement (Agreement No. 2017-4-001) between the City of Dubuque and Iowa
Department of Transportation for the Southwest Arterial - West Grading Project was
adopted.
19. Zoning Advisory Commission: Communication from Zoning Advisory Commission
requesting City Council approval to appoint Commissioner Tom Henschel and
Commissioner Michael Belmont as representative to the Airport Zoning Commission.
Upon motion the documents were received, filed and approved.
20. Pre-Annexation Agreement — Bradley: City Manager recommending approval of a
Pre-Annexation Agreement with Brian D. Bradley and Jeffrey S. Bradley in conjunction
with approving the Final Plat for Bradley Acres. Upon motion the documents were
received and filed and Resolution No. 396-16 Approving the Pre-Annexation Agreement
between the City of Dubuque, Iowa and Brian D. Bradley and Jeffrey S. Bradley was
adopted.
21 . Public Works Department - Retitling Three Truck Driver Positions to Utility Worker:
City Manager recommending a City Council motion creating three Utility Worker positions
and eliminating three Truck Driver positions associated with the retitling of the Truck
Driver position to Utility Worker approved July 18, 2016. Upon motion the documents
were received, filed and approved.
22. 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. 397-16 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
1 . Reallocate General Obligation Bond Series 2012H: City Manager recommending
setting a public hearing for December 5, 2016, on a proposal to reallocate not to exceed
$820,500 of the unspent proceeds of the General Obligation Bond Series 2012H from the
renovation of the second floor of the Multicultural Family Center to fund the construction
of the Jule Operations and Training Center. Upon motion the documents were received
and filed and Resolution No. 398-16 Fixing date for a meeting on the proposal to
reallocate certain unspent proceeds of the General Obligation Bonds, Series 2012H, of
the City of Dubuque, Iowa, and providing for publication of notice thereof was adopted
setting a public hearing for a meeting to commence at 6:00 p.m. on December 5, 2016 in
the Historic Federal Building.
4
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions.
1 . Airport Commission: One, 4-year term through September 14, 2020 (Expired term
of Wagner). Applicants: Sue Clemenson, 2469 Hacienda Rd.; and Scott Leibfried, 3211
Honeysuckle Ln. Ms. Clemenson and Mr. Leibfried spoke in support of their respective
appointments and provided brief biographies.
2. Building Code and Advisory Appeals Board: One, 3-year term through August 1 ,
2018 (Vacant term of Cruise — ADA Representative). Applicant: Katrina Wilberding, 3715
Asbury Rd.
3. Civic Center Commission: One, 3-year term through June 29, 2019 (Expired term of
Gregory). Applicant: Nicholas Huff, 3075 Olde Country Ct. Mr. Huff spoke in support of
his appointment and provided a brief biography.
4. Zoning Advisory Commission: One, 3-year term through July 1 , 2019 (Expired term
of Belmont). Applicant: Michael Belmont, 222 Dillion St.
PUBLIC HEARINGS
1 . Freestanding Solar Array Text Amendment: Proof of publication on notice of public
hearing to consider approval of a request from Greater Dubuque Development
Corporation to amend the Unified Development Code to establish an administrative
waiver process for free-standing solar arrays. Motion by Lynch to receive and file the
documents and that the requirement that a proposed ordinance be considered and voted
on for passage at two Council meetings prior to the meeting at which it is to be passed
be suspended. Seconded by Connors. Planning Services Manager Laura Carstens
provided a staff report. She and David Lyons, Sustainable Innovation Consultant for
Greater Dubuque Development Corp., responded to questions from the City Council
regarding guidelines for solar arrays in Historic Districts, the design review and appeal
process, the impact and solutions for glare from panels, and the size of panel arrays.
Motion carried 6-1 with Rios voting nay.
Motion by Lynch for final consideration and passage of Ordinance No. 58-16 Amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
Amending 16-3-11 to establish administrative waiver process for freestanding solar arrays
in Residential and Office Districts. Seconded by Connors. Motion carried 6-1 with Rios
voting nay.
2. Vacate Storm Sewer and Sanitary Sewer Easement at 3225 and 3275 Pennsylvania
Avenue: Proof of publication on notice of public hearing to approve the vacate of a storm
and sanitary sewer easement across Lot 1 and Lot 2 of Lange Estate (3225 & 3275
Pennsylvania Avenue) and the City Manager recommending approval. Motion by
Connors to receive and file the documents and adopt Resolution No. 399-16 Disposing
5
of City interest in a Storm and Sanitary Sewer Easement over and across Lot 1 and Lot
2 of Lange Estate (Originally Platted as Lot 1-2 of the Southwest 1/4 of the Southwest 1/4
of Section 22, T89N, R2E) in the City of Dubuque, Dubuque County, Iowa. Seconded by
Jones. Motion carried 7-0.
3. Jule Operations and Training Center Project: Proof of publication on notice of public
hearing to approve plans, specifications, form of contract and estimated cost for the Jule
Operations and Training Center Project and the City Manager recommending approval.
Motion by Connors to receive and file the documents and adopt Resolution No. 400-16
Approval of plans, specifications, form of contract, and estimated cost for the Jule
Operations and Training Center Project. Seconded by Lynch. Motion carried 7-0.
4. Greater Downtown Urban Renewal District Amendment: Proof of publication on
notice of public hearing to approve an amendment to the Amended and Restated Urban
Renewal Plan for the Greater Downtown Urban Renewal District and the City Manager
recommending approval. Motion by Lynch to receive and file the documents and adopt
Resolution No. 401-16 Approving the Amended and Restated Urban Renewal Plan for
the Greater Downtown Urban Renewal District. Seconded by Jones. Motion carried 7-0.
5. North Cascade Road Housing Urban Renewal Area Amendment: Proof of
publication on notice of public hearing approving an Amended and Restated Urban
Renewal Plan for the North Cascade Road Housing Urban Renewal Area and the City
Manager recommending approval. Motion by Lynch to receive and file the documents
and adopt Resolution No. 402-16 Approving the Amended Urban Renewal Plan for the
North Cascade Road Housing Urban Renewal Area. City Manager Van Milligen and City
Attorney stated that these amendments need to be in place in order to identify a funding
source prior to any future actions related to urban renewal areas. Motion carried 6-1 with
Del Toro voting nay.
6. English Ridge Housing Urban Renewal Area Amendment: Proof of publication on
notice of public hearing approving the Amended and Restated English Ridge Housing
Urban Renewal Plan and the City Manager recommending approval. Motion by Lynch to
receive and file the documents and adopt Resolution No. 403-16 Approving the Amended
and Restated Urban Renewal Plan for the English Ridge Housing Urban Renewal Area.
Seconded by Resnick. Motion carried 6-1 with Del Toro voting nay.
PUBLIC INPUT
Jacob Long, 4604 Cardinal Drive, spoke in reference to finding solutions to the use of
plastic shopping bags and changing the start time of City Council meetings back to 6:30
p.m.
Diane McClain, 255 Bradley St., spoke in reference to the City Council's upcoming
work session on the Source of Income report and requested that the Council carefully
review the report adding that landlords be allowed to retain a choice to participate in the
Housing Choice Voucher program (Section 8) should changes to the program be
considered.
6
Michael Green, 2481 Hempstead St., spoke in reference to keeping the right of a
landlord to choose participation in the Housing Choice Voucher program, the availability
of current housing and substandard/older buildings.
Julie Gross, 18040 Riverside Rd., expressed her opposition to what she believes is
unnecessarily adding Housing Department staff to manage and police housing programs,
increased inspection fees and being told to participate in such programs.
ACTION ITEMS
1 . Loras College Honors Project - Single-Use Plastic Checkout Bags: Loras College
Honors Project Students Morgan Dolan, Abigail Kirchner and Christine McDonald made
a presentation and responded to questions from the City Council regarding single-use
plastic checkout bags. Three options were provided: reduce through a ban, no action, or
a compromise though user fees. The presenters provided information on ecological
threats, their research with businesses, how and what fees could be implemented, certain
exemptions, what percentage of the fees could be retained by business and the city,
implementation and health issues related to reusable bags, recycling opportunities, and
public education. Restated motion by Lynch to receive and file the documents and refer
to staff. Seconded by Jones. Motion carried 4-3 with Rios, Del Toro, and Resnick voting
nay.
2. Sister City Relationships Advisory Commission: Sister City Relationships Advisory
Commission recommending City Council approval to transition to a nonprofit organization
under an agreement with the Dubuque Convention and Visitors Bureau. Motion by Jones
to receive and file the documents, approve the recommendation and hear the
presentation. Seconded by Resnick. Sister City Commission Chairperson Jeff Jochum
and Commissioner Dick Landis provided a presentation that explained the history and
makeup of the Commission and the City's three Sister City relationships. They further
described the research and benefits to the transition. Motion carried 7-0.
3. Timber Ridge Estates Final Plat: City Manager recommending approval of the Final
Plat of Timber Ridge Estates subject to allowing 22-foot paving width for Forest Glen
Court and Timber Court, and waiving Sections 11-20 Water Supply, 11-21 Sanitary
Sewer, 11-23 Obligation to Install Improvements, and 11-24 Improvement Guarantees.
Motion by Lynch to receive and file the documents and adopt Resolution No. 404-16
Approving the Final Plat of Timber Ridge Estates in Dubuque County, Iowa. Seconded
by Connors. Motion carried 7-0.
4. Sky Blue Estates #2 Final Plat: City Manager recommending approval of the Final
Plat of Sky Blue Estates #2 as it is in compliance with the City of Dubuque Unified
Development Code, subject to waiving the right-of-way width for Sky Blue Drive and
Zephyr Drive. Motion by Jones to receive and file the documents and adopt Resolution
No. 405-16 Authorizing approval of the Final Plat of Sky Blue Estates #2 in the City of
Dubuque, Iowa. Seconded by Del Toro. Connors expressed her concerns and those of
residents in the area about serious water runoff still occurring with development despite
7
it being addressed with the developers and city engineers. City Manager will provide a
response to Council. Motion carried 7-0.
5. Greater Downtown Urban Renewal District Amendment: City Manager
recommending approval of an ordinance amending the Tax Increment Financing District
for the Greater Downtown Urban Renewal District that will authorize the inclusion of three
adjacent areas, the new North End, West Locust Street Corridor and University Avenue
Corridor. 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 Lynch. Motion
carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 59-16 Amending
Ordinance No. 45-14, Previously Amended, and Ordinance No. 61-08, providing that
general property taxes levied and collected each year on all property located within the
Greater Downtown Urban Renewal District 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 Urban Renewal Plan for the Greater Downtown Urban
Renewal District. Seconded by Lynch. Motion carried 7-0.
6. Request for Work Session - Bee Branch Creek Restoration Project Walking Tour:
City Manager requesting that the City Council schedule work session walking tours of the
Bee Branch Creek Restoration Project on Monday, April 10, 2017 at 5:30 p.m.; and
Monday, May 22, 2017 at 5:30 p.m. Motion by Connors to receive and file the documents
and set the work sessions as recommended. Seconded by Lynch. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Mayor Buol reported on his attendance and presentation at the recent National League
of Cities Conference in Pittsburg, PA, regarding engaging small- and medium-sized cities
in sustainability.
Council Member Connors reported on her presentation to a Cub Scout group about
elected officials noting the great level of knowledge about government with the scouts
and leaders.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:10 p.m. to discuss pending litigation
and real estate transfer negotiations pursuant to Chapter 21 .5(1)(c), -Q) Code of Iowa.
Seconded by Resnick. Motion carried 7-0. For the record, the attorney who consulted with
City Council on the issues discussed in the closed session was City Attorney Crenna
Brumwell.
8
Upon motion, the City Council reconvened in open session at 8:49 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:50 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
1t 11/30
9