12 19 16 Clerk's 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 December 19, 2016
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor `Buol; Council Members Connors, Del Tiro, Jones, Lynch, Resnick;
City Manager Milligen, City Attorney Brumwell
Absent: Council Member Rios
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.
Yays
L—' Jones
Buol
Resnick
Rios
Del Toro
Connors
/
Lynch
PLEDGE OF ALLEGIANCE
CONSENT ITEMS
Nays
(;?
1. Minutes and Reports Submitted
Cable TV Commission of 12/7; City Council Proceedings of 12/5, 12/12; Community
Development Advisory Commission of 11/22; Five Flags Civic Center Commission of
11/28; Historic Preservation Commission of 11/17; Long Range Planning Advisory
Commission of 11/17; Zoning Board of Adjustment of 11/17; Proof of Publication for City
Council Proceedings of 11/21, 11/28
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Elizabeth Hass for personal injury.
Suggested Disposition: Receive and File; Refer to City Attorney
1
Yays Nays
Jones
Buol
Resnick
Rios
Del Toro
Connors
Lynch
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: Elizabeth Hass
for personal injury; Michael Jelinske for vehicle damage; Alison Schmitt for vehicle
damage.
Suggested Disposition: Receive and File; Concur
4. Jule Transit Annual Report
City Manager transmitting the Fiscal Year 2016 Jule Transit Annual Report and
highlights of operating statistics.
Suggested Disposition: Receive and File
5. Winter Reminders Brochure
City Manager submitting the Winter Reminders public information brochure.
Suggested Disposition: Receive and File
6. Sky Blue Estates Stormwater Management
City Manager transmitting information relating to the stormwater management issues
that arose during construction of the first phase of the Sky Blue Estates Subdivision and
outlining steps taken to address the issues and prevent repeating them as a result of
the development of Sky Blue Estates #2.
Suggested Disposition: Receive and File
7. Kennedy Road Right -of -Way Acquisition (The Barony Inc.)
City Manager recommending approval of the acquisition of real estate owned by The
Barony, Inc. along the Kennedy Road right-of-way to clean up the City boundary and
facilitate economic development projects in the area.
RESOLUTION 414-16 Approving the acquisition of real estate owned by the Barony,
Inc.
Suggested Disposition: Receive and File; Adopt Resolution(s)
2
i
Yays
Jones
Buol
Resnick
Rios
Del Toro
Connors
Lynch
Nays
8. Kennedy Road Right -of -Way Acquisition (Richman)
City Manager recommending approval of the acquisition of real estate owned by John
and Diane Richman along the Kennedy Road right-of-way to clean up the City boundary
and facilitate economic development projects in the area.
RESOLUTION 415-16 Approving the acquisition of real estate owned by John T. and
Diane M. Richman
Suggested Disposition: Receive and File; Adopt Resolution(s)
9. Bee Branch Creek Restoration Project - Acquisition of 411 E. 15th Street
City Manager recommending approval to amend the purchase agreement for the
acquisition of 411 E. 15th Street to reflect the sharing of costs associated with the
environmental cleanup required for the City's intended use of the property.
RESOLUTION 416-16 Amending the Purchase Agreement for the Acquisition of real
estate owned by Blum Properties, Inc. in the City of Dubuque and authorizing
application for U.S. EPA Brownfield Cleanup Grant Funding for the real estate
Suggested Disposition: Receive and File; Adopt Resolution(s)
10. Kennedy Road Right -of -Way Acquisition (Gilbert Merritt)
City Manager recommending approval of the acquisition of real estate owned by
Lawrence Gilbert Merritt along the Kennedy Road right-of-way to clean up the City
boundary and facilitate economic development projects in the area.
RESOLUTION 417-16 Approving the acquisition of real estate owned by Lawrence
Merritt from his heirs Virginia Jahnke, Madonna Merritt, Carol Nesteby, and Juanita
Schlarmann
Suggested Disposition: Receive and File; Adopt Resolution(s)
3
Yays
Jones
Buol
Resnick
Rios
Del Toro
Connors
Lynch
Nays
11. Pre -Annexation Agreement - Timber Ridge Estates, LLC
City Manager recommending approval of a Pre -Annexation Agreement with Timber
Ridge Estates, LLC, in conjunction with a request for approval of the Final Plat of
Timber Ridge Estates.
RESOLUTION 418-16 Pre -Annexation Agreement between the City of Dubuque, Iowa
and Timber Ridge Estates, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
12. Timber-Hyrst Estates No. 4 - Time Extension
City Manager recommending approval of an extension of time for North Cascade
Developers, LLC to complete the required remaining public improvements in Timber-
Hyrst Estates No. 4.
RESOLUTION 419-16 Amending Resolution No. 181-14 Approving the Final Plat of
Timber-Hyrst Estates #4 in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
13. Offer to Buy Excess Right -of -Way at Fengler Street and Kerper Boulevard
City Manager recommending approval of an agreement for the City to acquire a portion
property owned by Giese Company, LLC in exchange for the vacation of a portion of
excess right-of-way on Kerper Boulevard at Fengler Street.
RESOLUTION 420-16 Approving an Offer to Purchase Agreement for the acquisition of
property at Fengler Street and Kerper Boulevard between the City of Dubuque, Iowa
and Giese Company, LLP
Suggested Disposition: Receive and File; Adopt Resolution(s)
4
Yays
Jones
Buol
Resnick
Ries
Del Toro
Connors
I Lynch
Nays
14. Request for Proposals Engineering Services for the Bee Branch Watershed
Flood Mitigation Project
City Manager recommending authorization to release an RFP and enter into contract
negotiations with an engineering consulting firm to provide services as needed for the
design, bidding, and construction of the 22nd Street/Kaufmann Avenue Storm Sewer
Improvements and the 17th Street/W. Locust Street Storm Sewer Improvements,
Suggested Disposition: Receive and File; Approve
15. ICAAP Grant Application for Grandview Avenue and University Avenue
Roundabout Project
City Manager recommending authorization to submit an application for an Iowa Clean
Air Attainment Program (ICAAP) grant to assist with funding a proposed North
Grandview Avenue and University Avenue Roundabout Intersection improvement.
RESOLUTION 421-16 Authorizing the filing of a grant application with the Iowa
Department of Transportation for an Iowa Clean Air Attainment Program (ICAAP) Grant
for the City of Dubuque North Grandview Avenue and University Avenue Roundabout
Intersection Improvement
Suggested Disposition: Receive and File; Adopt Resolution(s)
16. Valentine Park - Fiscal Year 2017 REAP Grant Agreement
City Manager recommending approval of the FY2017 Resource Enhancement and
Protection (REAP) Grant Agreement with the Iowa Department of Natural Resources for
the Valentine Park Expansion — Roepsch Property.
RESOLUTION 422-16 Authorizing FY2017 REAP Grant Agreement with Iowa
Department of Natural Resources for Valentine Park Expansion Project - Roepsch
Property
Suggested Disposition: Receive and File; Adopt Resolution(s)
5
Yays
Jones
Buol
Resnick
Rios
Del Toro
Connors
Lynch
Nays
17. AmeriCorps Partners in Learning Grant Application
City Manager recommending approval of the 2017-2018 AmeriCorps Partners in
Learning Campaign for Grade Level Reading Grant application.
Suggested Disposition: Receive and File; Approve
18. Property Tax Appeal Settlement - Medical Associates Realty, LLC
Senior Counsel recommending approval of the Stipulation of Settlement for a property
tax appeal filed by Medical Associates Realty, LLC for property located at 990
Langworthy Street.
Suggested Disposition: Receive and File; Approve
19. SW Arterial Iowa DOT Funding Agreement Military Road Reconstruction
Project
City Manager recommending approval for the Mayor to execute the Iowa Department of
Transportation Cooperative Preconstruction Funding Agreement for the Southwest
Arterial -Military Road Reconstruction Project.
RESOLUTION 423-16 Approving the Cooperative Preconstruction Funding Agreement
(Agreement No. 2017-16-056) between the City of Dubuque and Iowa Department of
Transportation for the Southwest Arterial - Military Road Reconstruction Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
20. Loras College Usage Agreement for Petrakis Field
City Manager recommending approval of the Usage Agreement with Loras College for
Petrakis Field.
Suggested Disposition: Receive and File; Approve
21. Clarke University Usage Agreement for Veterans' Memorial Field 2
City Manager recommending approval of the Usage Agreement with Clarke University
for softball field 2 in Veterans' Memorial Park.
Suggested Disposition: Receive and File; Approve
6
Yays
Jones
Buol
Resnick
Rios
Del Toro
Connors
Lynch
Nays
22. I -Net User Agreements with Loras College and Clarke University
City Manager recommending approval for the City Manager to execute I -Net
Agreements with Loras College and Clarke University to connect the two campuses
using Dubuque's I -Net.
Suggested Disposition: Receive and File; Approve
23. Weaver Castle, LLC - Third Amendment to Development Agreement for 346-
348 West Locust Street
City Manager recommending approval of the Third Amendment to the Development
Agreement with Weaver Castle, LLC for the redevelopment of property at 346-348 West
Locust Street.
RESOLUTION 424-16 Approving the Third Amendment to the Development Agreement
between the City of Dubuque, Iowa and Weaver Castle, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
24. Acceptance of 2016 Asphalt Overlay Access Ramp Project Two
City Manager recommending acceptance of the construction contract for the 2016
Asphalt Overlay Access Ramp Project Two as completed by Midwest Concrete.
RESOLUTION 425-16 Accepting the 2016 Asphalt Overlay Access Ramps Project Two
and authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
25. Acceptance of 2016 Asphalt Overlay Access Ramp Project Three
City Manager recommending acceptance of the construction contract for the 2016
Asphalt Overlay Access Ramp Project Three as completed by Midwest Concrete.
RESOLUTION 426-16 Accepting the 2016 Asphalt Overlay Access Ramps Project
Three and authorizing the payment of the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
7
Yays Nays
Jones
Buol
Resnick
Ries
Del Toro
Connors
Lynch
26. Acceptance of Permanent Easement for Storm Sewer at 545 Villa Street
City Manager recommending acceptance of a Grant of Permanent Easement for Storm
Sewer from Bradley and Ann Palzkill over a portion of their property at 545 Villa Street
that will facilitate the construction and on-going maintenance of the Storm Sewer Utility,
which the City of Dubuque will own and maintain.
RESOLUTION 427-16 Accepting a Grant of Easement for storm sewer over and across
a part of Lot 1 of the Subdivision of Lot 25 in Lev's Addition, in the City of Dubuque,
Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
27. Acceptance of Fiscal Year 2016 Sewershed 5 Sanitary Sewer Manhole Project
City Manager recommending acceptance of the construction contract for the FY16
Sewershed 5 Sanitary Sewer Manhole Project, as completed by McDermott Excavating.
RESOLUTION 428-16 Accepting the FY16 Sewershed 5 Sanitary Sewer Manhole
Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
28. Acceptance of Dubuque Industrial Center South Building Pad 1 Sanitary
Sewer Extension Project
City Manager recommending acceptance of the construction contract for the Dubuque
Industrial Center South Building Pad 1 Sanitary Sewer Extension as completed by
McDermott Excavating.
RESOLUTION 429-16 Accepting the Dubuque Industrial Center South Building Pad 1
Sanitary Sewer Extension and Authorizing the payment to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
8
Yays
Jones
Buol
Resnick
Rios
Del Toro
Connors
Lynch
Nays
29. Acceptance of State of Iowa Land Patent - 250 South Main Street
City Manager recommending acceptance of a State of Iowa Land Patent for
conveyance of the title for the tract of land located at 250 South Main Street from the
State of Iowa to the City of Dubuque.
RESOLUTION 430-16 Accepting a State Land Patent for the conveyance of title for the
tract of land located at 250 South Main Street (Parcel B, located in Block 14 of Dubuque
Harbor Company Addition in the City of Dubuque, Dubuque County, Iowa) from the
State of Iowa to the City of Dubuque
Suggested Disposition: Receive and File; Adopt Resolution(s)
30. Acceptance of Fiscal Year 2016 Sewershed 5, 7, 11 and 12 Manhole Project
City Manager recommending acceptance of the public improvement construction
contract for the FY16 Sewershed 5, 7, 11 and 12 Manhole Project, as completed by
Visu-sewer Inc.
RESOLUTION 431-16 Authorizing the FY16 Sewershed 5, 7, 11 & 12 Manhole Project
and authorizing the payment to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
31. Acceptance of Fiscal Year 2016 CIPP Sanitary Sewer Lining Project
City Manager recommending acceptance of the public improvement construction
contract for the FY16 (CIPP) Sanitary Sewer Lining Project, as completed by SAK
Construction.
RESOLUTION 432-16 Accepting the FY16 Sanitary Sewer Cured -in -Place Pipe (CIPP)
Lining Project and authorizing the payment to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
9
Yays Nays
Jones
Buol
Resnick
Rios
Del Toro
Connors
Lynch
32. Civil Service Commission - Certified Lists
Civil Service Commission submitting the Certified Lists for the positions of Account
Clerk I, Water Meter Repairworker I, Urban Forester, and the re -certified list for the
position of Inspector II.
Suggested Disposition: Receive and File; Make Matter of Record
33. City Council 2015 Official Proceedings
City Clerk submitting the Official City Council Proceedings for 2015.
Suggested Disposition: Receive and File; Approve
34. Mediacom Communications Company
Correspondence from Lee Grassley, Senior Manager of Government Relations for
Mediacom Communications Company, informing the City of rate adjustments being
implemented on or about January 3, 2017.
Suggested Disposition: Receive and File
35. Alcohol Compliance Civil Penalty for Alcohol License Holder — Casey's
General Store #3473
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Casey's General Store #3473, 1072 Cedar Cross
Road.
Suggested Disposition: Receive and File; Approve
36. Tobacco Compliance — Civil Penalty for Tobacco License Holder — Casey's
General Store #3473
City Manager recommending approval of the Acknowledgement/Settlement Agreement
for a tobacco compliance violation for Casey's General Store #3473, 1072 Cedar Cross
Road.
Suggested Disposition: Receive and File; Approve
37. Alcohol License Applications
City Manager recommending approval of annual beer, liquor and wine licenses as
submitted.
RESOLUTION 433-16 Approving applications for beer, liquor, and/or wine permits, as
required by City of Dubuque Code of Ordinances Title 4 Business and License
Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and
Permits
Suggested Disposition: Receive and File; Adopt Resolution(s)
10
ITEMS SET FOR PUBLIC HEARING
1. Voluntary Annexation - William and Janet Siegert - Old Highway Road
City Manager recommending setting a public hearing for January 17, 2017, on the
voluntary annexation request of William and Janet Siegert for five acres of property they
own located between Old Highway Road and US Highway 20/Dodge Street, submitted
concurrently with an application to rezone the property.
RESOLUTION 434-16 Setting a public hearing on an application for voluntary.
annexation of territory to the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s), Set Public Hearing for
1/17/17
Yays ,
Jones
Buol
Resnick
Rios
Del Toro
Connors
Lynch
Nays
11
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions. Applicant appointments will be made at the next
City Council meeting.
REVIEW OF APPLICATIONS
1. Housing Code Appeals Board (Review)
One, 3 -year term through January 11, 2020 (Expiring term of Young).
Applicant: David Young, 420 Burch St. ----
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2. Resilient Community Advisory Commission (Review)
Nine, 3 -year terms through July 1, 2019
• Three, 3 -year terms through July 1, 2019 (Cross Representation Appointments)
• Six, 3 -year terms through July 1, 2019 (At -Large Appointments)
1. Sara Booth, 2015 Chaney Rd.
2. Benjamin Darr, 419 Winona St. 2)
3. Dean Boles, 1715 Geraldine Dr.
4. Steven Drahozal, 683 W. 11th St.
5. Stephanie Grutz, 6176 Centura Ct.
6. Nicholas Huff, 3075 Olde Country Ct. °" "
7. Robin Kennicker, 2929 Elm St.--5rnee
8. Carrie Lolinann, 1879 Denver Dr. — -- /
9. Jared McGovern, 755 Chestnut St.
10. Mike Muench, 2805 Jackson St.
11. Kate Parks, 486 Clarke Dr.
12. Sergio Perez, 1325 Cox St.
13. Laura Roussell, 3224 Bittersweet / "-467c9
14. Rich Russell, 2045 Embassy West Dr.
15. Paul Schultz, 1008 Victoria St.
16. Leah Specht, 3248 Bittersweet Ln.
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APPOINTMENTS
Appointment were made to the following Boards/Commission.
3. Catfish Creek Watershed Management Authority (Appointments)
Two, 4 -year terms through July 16, 2020 (Expired terms of Giannakouros and Hoyer).
Applicants:
1. Steve Drahozal, 683 W. 11th St.;
2. Neal Patten, 768 Nevada St.
Yays
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Resnick
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4. Human Rights Commission (Appoip, nt)
One, 3 -year term through June 29, 2019 (Expiring term of Jackson).
Applicant: Miguel Jackson, 2130 Woodland Dr.
This commission is subject to the State of Iowa Gender Balance Law. Nine
Commissioners total; currently 4 males/4 females.
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5. Mediacom Charitable Foundation (Appointment)
One, 1 -year term through December 31, 2017 (Expiring term of Chavenelle).
Applicant: Gail Chavenelle, 1155 Kelly Ln.
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ACTION ITEMS
1. Central Iowa Water Association (CIWA) Settlement Agreement
Assistant City Attorney MaureenQuann is recommending approval o a Settlement
Agreement and Asset Purchase Agreement with Central Iowa Water Association
(CIWA), and the City Manager is recommending the financing strategy.
RESOLUTION 436-16 Approving a Settlement Agreement between Central Iowa Water
Association and the City of Dubuque for water supply, service and territory, and
accepting the Deeds to certain real estate in Dubuque County, Iowa from Central Iowa
Water Association
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
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Jones
Buol
Resnick
Rios
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Connors
Lynch
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2. Declaration of Official Intent to Reimburse Expenses - Fiscal Year 2016 Water
Projects
City Manager recommending approval of the Declaration of Official Intent Resolution for
the acquisition of Central Iowa Water Association water system, construction of English
Mill Pump Station, and water main extension and improvements.
RESOLUTION 437-16 Declaring an Official Intent under Treasury Regulation 1.150-2 to
issue debt to reimburse the City for certain original expenditures paid in connection with
the Fiscal Year 2017 Water Projects
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
J/
Jones
Buol
Resnick
bias
Del Toro
Connors
Lynch
Nays
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16
3. Greater Dubuque Development Corporation - Quarterly Update '%i✓
President and CEO Rick Dickinson to present the quarterly update on the activities of
the Greater Dubuque Development Corporation.
Suggested Disposition: Suggested Disposition: Receive and File; Presentation
Yays
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Jones
Buol
Resnick
Rios
Del Toro
Connors
Lynch
Nays
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4. Five Flags Civic Center Quarterly Report
SMG Regional General Manager HR Cook will share a quarterly report on the Five
Flags Civic Center.
Suggested Disposition: Receive and File; Presentation
Yays
Jones
Buol
Resnick
Rios
Del Toro
Connors
Lynch
Nays
18
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5. Final Plat of Timber-Hyrst Estates #5
City Manager recommending approval of the Final Plat of Timber-Hyrst Estates #5.
RESOLUTION 435-16 Approving the Final Plat of Timber-Hyrst Estate #5 in the City of
Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Jones
r'.l Buol
Resnick
Rios
_ Del Toro
/7 ,1 Connors
Lynch
Nays
19
6. Request for Work Session - Dubuque Area Convention and Visitors Bureau
Dubuque Area Convention & Visitors Bureau President & CEO Keith Rahe requests the
City Council schedule the CVB budget work session for February 6, 2017, at 5:30 p.m.
Suggested Disposition: Receive and File; Council
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Jones
Buol
Resnick
Rios
Del Toro
Connors
Lynch
Nays
20
COUNCIL MEMBER REPORTS
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CLOSED SESSION @ n p.m.
Pending Litigation and Real Estate Transfer Negotiations — Chapter 21.5(1)(c), -(j) Code
of Iowa
Statement:
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Buol
1.'" Resnick
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Del Toro
V Connors
Lynch
Nays
ADJOURNMENT @
Yays Nays
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Buol
Resnick
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Connors
Lynch
p.m.
21
TO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Regular Session of the City Council to be
held on Monday, December 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.
Consent Items: Pages 1-6
D. Buol, Mayor