Minutes_City Council Proceedings 10 3 11
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session on October 3, 2011 at 6:30 p. m. in the
Historic Federal Building.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton; City
Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session called for the purpose of dis-
cussing such matters which may properly come before the City Council.
Pledge of Allegiance
Invocation was provided by Sr. Michelle Balek, OSF, Sisters of St. Francis.
SWEARING-IN
City Clerk Kevin S. Firnstahl
Mayor Buol introduced Ian Fitzgibbon and Greg Bruce of the International City/County Man-
agers Association (ICMA) Fellowship Exchange program from Australia. Mr. Fitzgibbon and
Mr. Bruce each spoke of their experiences while in Dubuque.
PRESENTATIONS
Iowa League of Cities All-Star Community Award – Unified Development Code was pre-
sented to Mayor Buol by Planning Services Manager Laura Carstens. A brief video from the
Iowa League of Cities was presented.
Preservation Iowa Award – Historic Shot Tower was presented to Mayor Buol by Planning
Services Laura Carstens.
PROCLAMATIONS
White Cane Safety Day (October 15, 2011) was accepted by Bob Nesler, President of the Du-
buque Association for the Blind, 1200 S. Grandview Avenue, and on behalf of the Tri-State
Blind Society; Trick-or-Treat Night (October 31, 2011) was accepted by Mayor Buol; Arts and
Humanities Month (October 2011) was accepted by Geri Shafer, Chairperson, Arts and Cultur-
al Affairs Advisory Commission; Make a Will Month (October 2011) was accepted by Library
Director Susan Henricks on behalf of the Make a Will Committee.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Connors. Motion carried 7-0.
Minutes and Reports Submitted: City Council Proceedings of 9/19, Civil Service of 9/8, His-
toric Preservation Commission of 9/15, Historic Preservation Education Task Force of 9/7,
Housing Commission of 8/23, Long Range Planning Advisory Commission of 9/21, Mechanical
Board of 8/11, Transit Advisory Board of 9/8, Zoning Board of Adjustment of 9/22
Proofs of Publication for City Council Proceedings of September 6 and 12, 2011
Proof of Publication for List of Claims and Summary of Revenues for Month Ending July 31,
2011.
Upon motion the documents were received and filed.
Notice of Claims/Suits: Terry Cook for vehicle damage, Brenda Henry for property damage,
Timothy McElligott for vehicle damage, and Tressa Tracy for vehicle damage. Upon motion the
documents were received, filed and referred to the City Attorney.
City Attorney advising that the following claims have been referred to Public Entity Risk Ser-
vices of Iowa, the agent for the Iowa Communities Assurance Pool: Terry Cook for vehicle
damage, Brenda Henry for vehicle damage, Timothy McElligott for vehicle damage, and Tres-
sa Tracey for vehicle damage. Upon motion the documents were received, filed and con-
curred.
US 52 / Central Avenue Traffic Improvements – Project Acceptance: City Manager recom-
mending acceptance of the construction contract for the US 52 Traffic Flow Enhancement
Project as completed by Portzen Construction, Inc., in the final contract amount of
$966,332.96. Upon motion the documents were received and filed and Resolution No. 326-11
Accepting the US 52 Traffic Flow Enhancement Project and authorizing the payment of the
contract amount to the contractor was adopted.
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Bee Branch Creek Restoration Project – Acquisition of 511 E. 22 Street: City Manager re-
commending approval to purchase property required for the Bee Branch Creek Restoration
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Project at 511 E. 22 Street owned by David A. and Sarah J. Maus for the appraised value of
$50,000. Upon motion the documents were received and filed and Resolution No. 327-11 Ap-
proving the acquisition of real estate owned by David A. and Sarah J. Maus in the City of Du-
buque was adopted.
Seventh Street Retaining Wall – Emergency Repair Authorization: City Manager recom-
mending authorizing emergency repairs to the retaining wall along 7th Street and the asso-
ciated street pavement. Upon motion the documents were received and filed and Resolution
No. 328-11 Authorizing emergency repairs to the retaining wall on 7th Street and associated
street pavement was adopted.
Madison Street Retaining Wall – Emergency Repair Authorization: City Manager recom-
mendingauthorization for the emergency repair of the Madison Street retaining wall and asso-
ciated street pavement and sidewalk portions. Upon motion the documents were received and
filed and Resolution No. 329-11 Authorizing emergency repairs to the retaining wall on Madi-
son Street and the associated street pavement and sidewalk portions was adopted.
Southwest Arterial / U.S. Highway 20 Traffic Capacity Improvement Study: City Manager re-
commending approval for the Mayor to execute the Iowa Department of Transportation Fund-
ing Agreement for the Southwest Arterial / U.S. Highway 20 Traffic Capacity Improvement
Study. Upon motion the documents were received and filed and Resolution No. 330-11 Ap-
proving the Iowa Department of Transportation Funding Agreement (Agreement No. 2012-16-
011) for the Southwest Arterial / U.S. Highway 20 Traffic Capacity Improvement Study was
adopted.
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Terracon Consultants, Inc. – Monitoring Well Installations: City Manager recommending ap-
proval to execute a License Agreement for Site Assessments for the monitoring well installa-
tion on City property located at 25 Main Street by Terracon Consultants, Inc. Upon motion the
documents were received, filed and Resolution No. 342-11 Authorizing license agreement for
site assessment between the City of Dubuque and Terracon Consultants, Inc., to install moni-
toring wells on public right-of-way at 25 Main Street was adopted.
Historic Preservation Commission – 1699 Iowa Street: Communication from the Historic
Preservation Commission recommending City Council approval of a request to replace a sec-
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tion of damaged limestone curb with concrete steps along W.17 Street adjacent to property at
1699 Iowa Street. Upon motion the documents were received, filed, and approved.
Smart Planning Consortium Update: City Manager transmitting an update on the August 10,
August 24 and September 14, 2011 Smart Planning Consortium meetings; and minutes of the
August 10 and August 24, 2011 meetings including Land Use Goals and Objectives, and
Community Population Projections. Upon motion the documents were received and filed.
Safe Routes to School – Project Funding: City Manager recommending approval to file an
application with the Iowa Department of Transportation for a Safe Routes to School Infrastruc-
ture Grant to fund durable, high-visibility crosswalks at 44 school locations for a total project
cost of $163,760. Upon motion the documents were received and filed and Resolution No.
331-11 Authorizing the filing of an application with the Iowa Department of Transportation for
Safe Routes to School Infrastructure Grant funding for the City of Dubuque was adopted.
Safe Routes to School – Infrastructure Grant: City Manager transmitting a letter of support
for the City of Dubuque’s application for the Safe Routes to School Infrastructure Grant. Upon
motion the document was received and filed.
Safe Routes to School – Non-Infrastructure Grant: City Manager transmitting a letter of sup-
port for the City of Dubuque’s application for the Safe Routes to School Non-Infrastructure
Grant. Upon motion the document was received and filed.
Dubuque Police Protective Association: City Manager transmitting information on the arbi-
tration awarded to the Dubuque Police Protective Association. Upon motion the documents
were received and filed.
Special Assessment – 1906 Catherine Street: City Manager recommending approval to es-
tablish a lien in the amount of $2,873.61 against Tammy Parker, 1906 Catherine Street, for
non-payment of a Settlement Order. Upon motion the documents were received and filed and
Resolution No. 332-11 Adopting the Schedule of Special Assessment for a lien against the
property and directing the City Clerk to certify the Schedule of Assessment to the County
Treasurer and to publish notice thereof was adopted.
Washington Neighborhood – Housing Trust Fund Application: City Manager recommending
approval of a grant application to the Iowa Finance Authority for $132,637 for continued sup-
port for homeownership activities in the Washington Neighborhood. Upon motion the docu-
ments were received and filed and Resolution No. 333-11 Approving commitment of matching
funds for an application to the Iowa Finance Authority (IFA) for State Housing Trust funds was
adopted.
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Shelter Plus Care Program: City Manager recommending approval of a renewal application
to the US Department of Housing and Urban Development (HUD) for administration of the
Shelter Plus Care Program. Upon motion the documents were received, filed, and approved.
Hillcrest Family Services: City Manager recommending approval of a Usage Agreement with
Hillcrest Family Services for the use of Murphy Park from October 30, 2011 through January
10, 2012 to set up a holiday light display. Upon motion the documents were received, filed, and
approved.
Assistance to Firefighters Grant: City Manager recommending approval to apply for the
2011 Assistance to Firefighters Grant in the amount of $204,000 for a video conferencing sys-
tem (telepresence) for all six fire stations and the Training Center/EOC. Upon motion the doc-
uments were received, filed, and approved.
Civil Service Commission: Civil Service Commission submitting the Certified Lists for the
positions of Assistant Horticulturalist, Equipment Operator II, and Landfill Equipment Operator.
Upon motion the documents were received, filed and made a Matter of Record.
Workers’ Compensation Compromise Settlements: City Attorney requesting approval for the
City Manager to execute two Compromise Settlements of Workers’ Compensation claims for
Terry K. Dolan. Upon motion the documents were received, filed, and approved.
Sustainable Dubuque – Project Status Report: City Manager transmitting the Sustainable
Dubuque Project Status Report for September 2011. Upon motion the documents were re-
ceived and filed.
Plastic Center, Inc. – First Amendment to Development Agreement: City Manager recom-
mending approval of the First Amendment to the Development Agreement with Plastic Center,
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Inc., on the properties located at 426 W. 5 Street and 951, 955, and 957 Main Street in down-
town Dubuque. The First Amendment to the Development Agreement extends the deadline for
completion of construction from October 31, 2011 to April 30, 2012. Upon motion the docu-
ments were received and filed and Resolution No. 334-11 Approving the First Amendment to
the Plastic Center, Inc., Development Agreement was adopted.
Dubuque Regional Airport – Reappropriation of Funds: City Manager recommending ap-
proval to reallocate CIP funds to pay for the removal and replacement of the existing roof of
the University of Dubuque hangar ($45,640) and the current furnace and air conditioning unit
for the Fixed Base Operation area of the Jet Center Building ($11,517). Upon motion the doc-
uments were received, filed, and approved.
Acting Lead Public Safety Dispatcher – Collective Bargaining Amendment: City Manager re-
commending approval of an amendment to the Collective Bargaining Agreement with the In-
ternational Union of Operating Engineers Local #234, which provides for an additional $1.00
per hour of compensation to a public safety dispatcher who is placed in charge of a shift when
there is no lead public safety dispatcher on duty. Upon motion the documents were received,
filed, and approved.
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Iowa Mississippi River Parkway Commission: City Manager transmitting the Iowa Mississip-
pi River Parkway Commission Annual Report from August 2011. Upon motion the document
was received and filed.
Alcohol Compliance – Civil Penalties for Alcohol License Holders - Bandana’s Bar-B-Q: City
Manager recommending approval of the Acknowledgement / Settlement Agreement for an al-
cohol compliance violation for Bandana’s Bar-B-Q. Upon motion the documents were received,
filed, and approved.
Liquor License Refunds: Casey’s General Store Nos. 2420 and 2421 requesting a refund on
Class “C” Beer Permit with Native Wine License Nos. BC00274551 and BC007452 each in the
amount of $56.25. Upon motion the documents were received, filed, and approved.
Liquor License Applications: City Manager recommending approval of annual liquor license
renewals and cigarette permit applications as submitted. Upon motion the documents were re-
ceived and filed and Resolution No. 335-11 Granting the issuance of a Class “C” Beer/Liquor
License to Denny’s Lux Club, Loras College Athletic and Wellness Center, Carlos O’Kelly’s
Mexican Restaurant, Fiesta Cancun Restaurant; and a Special Class “C” Liquor License (5-
Day Special Event) to the Dubuque Art Center; Resolution No. 336-11 Granting the issuance
of a Class “C” Beer Permit to Friendly Locust Mart, Hy-Vee Gas #2, and Aldi, Inc., #30; and
Resolution No. 337-11 Granting the issuance of a new cigarette permit to Unforgiveable
Records were adopted.
North Grandview Estates – Partial Release of Mortgage: City Attorney recommending partial
release of real estate mortgage for Lot 6 and authorize the Mayor to sign it on behalf of the
City. Upon motion the documents were received, filed, and approved.
ITEMS TO BE 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 Braig. Motion carried 7-0
Timber-Hyrst Place No. 3: City Manager recommending setting a public hearing for October
17, 2011 to consider releasing existing utility storm sewer and access easements on Lot 2 of
Timber-Hyrst Place No. 3. Upon motion the documents were received and filed and Resolution
No. 338-11 Resolution of Intent to dispose of and release an access, utility and storm sewer
easement on Lot 2 of Timber-Hyrst Place No. 3 in the City of Dubuque, Iowa, was adopted set-
ting a public hearing for a meeting to commence at 6:30 p.m. on October 17, 2011 in the His-
toric Federal Building.
City Hall HVAC System Improvements Project: City Manager recommending initiation of the
public bidding procedures for the City Hall HVAC System Improvements Project and setting a
public hearing for October 17, 2011. Upon motion the documents were received and filed and
Resolution No. 339-11 Preliminary approval of plans, specifications, form of contract, and es-
timated cost; setting date of public hearing on plans, specifications, form of contract, and esti-
mated cost; and ordering the advertisement for bids (City Hall HVAC System Improvement
Project) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on Oc-
tober 17, 2011 in the Historic Federal Building.
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BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the fol-
lowing Boards/Commissions:
Environmental Stewardship Advisory Commission: One 3-year term through October 1,
2014 (expiring term of Klostermann). Applicants: Wayne Klostermann, 3254 Lake Ridge Drive;
and Stacy Splittstoesser, 1694 Radford Road. Ms. Splittstoesser spoke in support of her ap-
pointment.
Long Range Planning Advisory Commission: One 3-year term through July 1, 2014 (vacant
term of Braig). Applicant: Craig Beytien, 1091 Valentine Drive. Mr. Beytien spoke in support of
his appointment.
Appointments to the following Boards/Commission: Civic Center Advisory Commission. One
3-year term through June, 29, 2013 (vacant term of Fields). Applicant: Jody Willenborg, 3497
Hillcrest Road, #2. Motion by Connors to appoint Jody Willenborg to a 3-year term on the Civic
Center Advisory Commission through June 29, 2013. Seconded by Resnick. Motion failed 3-4
with Braig, Buol, Jones, and Lynch voting nay.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City Coun-
cil.
Dubuque Regional Airport – Conservation Easement: Proof of publication on notice of public
hearing to consider disposal of an interest in City-owned property as set forth in the Declara-
tion of Conservation Covenants and Restrictions Conservation Easement on the specified
property at the Dubuque Regional Airport and the City Manager recommending approval. Mo-
tion by Jones to receive and file the documents and approve the recommendation. Seconded
by Connors. Responding to questions from the City Council, Airport Manager Bob Grierson
clarified the purpose of and the area affected by the Declaration, which will allow the new ter-
minal project to progress. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Dubuque Convention and Visitors Bureau: Director Keith Rahe provided a verbal update on
the past activities, tourism, and goals of the Dubuque Convention and Visitors Bureau. Motion
by Lynch to receive and file the information. Seconded by Jones. Motion carried 7-0.
Eagle Point Solar-1, LLC – Lease and Power Purchase Agreement: City Manager recom-
mending rescinding the previous License and Power Purchase Agreement with Eagle Point
Engergy-1, LLC and adopting a Lease/Purchase of the solar equipment for the roof of the Mu-
nicipal Services Center on Kerper Court. Motion by Connors to receive and file the documents
and adopt Resolution No. 340-11 Approval of a License and Power Purchase Agreement be-
tween the City of Dubuque, Iowa, and Eagle Point Energy-1 LLC, an Iowa Limited Liability
Company. Seconded by Jones. Responding to questions from City Council, Assistant Econom-
ic Development Director Aaron DeJong and the City Manager stated that the agreement pro-
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vides a benefit and savings to the City, and supports a local business despite the life span of
the technology. Motion carried 6-1 with Resnick voting nay.
Tenant Criminal Background Check Program: City Manager recommending an additional
$38,300 be allocated for continued criminal background check fees through the rest of Fiscal
Year 2012. Motion by Jones to receive and file the documents and approve the recommenda-
tion. Seconded by Connors. Responding to questions from City Council, Police Chief Mark
Dalsing stated that the background information is kept on file for 30 days and that landlords
have the final decision on tenant selection. Council Member Braig questioned if there could be
consequences for landlords who do not attend training sessions. Motion carried 7-0.
Lower Bee Branch Creek Restoration Project – I-JOBS II Grant Amendment: City Manager
recommending approval of an amendment to the I-JOBS II Grant Agreement for the Bee
Branch Creek Restoration Project. Motion by Connors to receive and file the documents and
adopt Resolution No. 341-11 Authorizing the execution of the First Amendment to the grant
agreement with the Iowa Jobs Board and the Iowa Finance Authority as required for the City’s
receipt of $3,965,000 in State I-JOBS funding for the Lower Bee Branch Creek Restoration
Project. Seconded by Braig. Motion carried 7-0.
Request for Work Session - Sustainable Dubuque Quarterly Report: City Manager request-
ing scheduling a work session on Monday, November 7, 2011 at 5:00 p.m. on the Sustainable
Dubuque Quarterly Update. Motion by Connors to receive and file the documents and set the
work session as recommended. Seconded by Braig. Motion carried 7-0.
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Julien Dubuque’s - 250 Birthday Anniversary Committee: City Manager transmitting cor-
respondence from the National Mississippi River Museum and Aquarium requesting a City rep-
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resentative for the committee to celebrate the 250 anniversary of Julien Dubuque’s birth. Mo-
tion by Connors to receive and file the documents and appoint Council Member Karla Braig to
the committee. Seconded by Resnick. Motion carried 7-0.
City Clerk Salary Compensation: Motion by Connors to table the item to after a recess.
Seconded by Resnick. Motion carried 7-0.
The City Council recessed from 7:51 p.m. to 8:17 p.m. to discuss the City Clerk Salary
Compensation in a non-public meeting pursuant to Chapter 20.9 of the Iowa Open Meetings
Law.
City Clerk Salary Compensation: Motion by Lynch to remove from the table. Seconded by
Connors. Motion carried 7-0.
Motion by Jones to receive and file the information and set the City Clerk’s salary compen-
sation at $84.052 annually with vacation accrual at four weeks retroactive to September 6,
2011, with step increases based on evaluations and achievement of office goals. Seconded by
Braig. Motion carried 7-0.
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COUNCIL MEMBER REPORTS
Jones asked that the correspondence provided to City Council from the Board of Directors
for the Veterans’ Freedom Center requesting assistance with the need for additional space be
submitted to a future agenda adding that if anyone is able to help in the meantime to contact
the Veterans’ Freedom Center.
Resnick complimented the Dubuque Symphony Orchestra for their good work and thanked
the citizens for their support of the Orchestra and area arts.
There being no further business, upon motion the City Council adjourned at 8:21 p.m.
Kevin S. Firnstahl
City Clerk
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