Minutes_City Council Proceedings 6 27 12CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in special session at 5:00 p.m. on June 27, 2012 in
the Conference Room B, City Hall, 50 W. 13th Street.
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 special session of the City Council for
the purpose of conducting performance evaluations in closed session in accordance
with Chapter 21.5 (1)0) of the Code of Iowa.
Motion by Braig to convene in closed session at 5:01 p. m. pursuant to Chapter 21.5
(1)0) of the Code of Iowa. Seconded by Jones. Motion carried 7 -0. City Manager Van
Milligen then left the meeting. City Attorney Lindahl left the meeting at 5:12 p.m. City
Manager Van Milligen returned to the meeting from 5:50 p.m. to 6:32 p.m.
Motion by Jones to reconvene in open session at 6:36 p.m. stating that the
performance evaluations of the City Attorney, City Clerk, and City Manager had been
completed and that staff had been given proper direction. Seconded by Resnick. Motion
carried 7 -0.
There being no further business, Jones motioned to adjourn at 6:37 p.m. Seconded
by Resnick. Motion carried 7 -0.
/s /Kevin S. Firnstahl
City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on July 2, 2012 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Pro -Tem Jones; Council Members Braig, Lynch, Resnick, City
Manager Van Milligen, City Attorney Lindahl
Absent: Mayor Buol; Council Members Connors and Sutton
Mayor Pro -Tem Jones 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 Council.
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
Mayor Pro -Tem Jones announced that the City of Dubuque was named a 2012 All
America City by the National Civil League based on the City's plan to ensure that more
children are reading at grade level by the end of third grade. Jones credited the coalition
that included Every Child /Every Promise, Carnegie -Stout Public Library, the Community
Foundation of Greater Dubuque, the Dubuque Area Chamber of Commerce and leaders
and experts from area schools, colleges, universities, nonprofits, businesses, city
government and philanthropies.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Resnick. Motion carried 4 -0.
Minutes and Reports Submitted: City Council proceedings of 6/18
Proof of publication for City Council proceedings of 6/4. Upon motion the documents
were received and filed.
Notice of Claims and Suits: Donna McKnight for property damage; North Grandview
Estates, LLC /Richard Henkel vs. City of Dubuque for installation of streets; Tina Pfeiler
for vehicle damage. Upon motion the documents were received, filed and referred to the
City Attorney.
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: Claim by Donna McKnight for property damage, claim by Tina Pfeiler
for vehicle damage. Upon motion the documents were received, filed and concurred.
Safe Community Advisory Committee: Committee Member Amanda Elkins submitting
her resignation from the Safe Community Advisory Committee. Upon motion the
document was received, filed and the resignation accepted.
Excess Worker's Compensation Insurance Renewal: City Manager recommending
approval of the Worker's Compensation Excess Insurance renewal with Safety National
effective July 1, 2012 through June 30, 2013. Upon motion the documents were
received, filed, and approved.
Mediacom Dubuque Digital Upgrade 2012: City Manager providing an update on
Mediacom's continuing transition away from analog signals toward all digital television in
Dubuque. Upon motion the documents were received and filed.
Hunter Equity, LLC / 2013 Dubuque, LLC (FedEx): City Manager recommending
approval of a Consent and Subordination Agreement with CrossFirst Bank. Upon
motion the documents were received, filed, and approved.
Kaufmann Avenue HMA Resurfacing - Project Acceptance: City Manager
recommending acceptance of the Kaufmann Avenue HMA Resurfacing Project (John F.
Kennedy Road to Carter Road), as completed by Top Grade Excavating, Inc., in the
final contract amount of $560,742.09. Upon motion the documents were received and
filed and Resolution No. 169 -12 Accepting the Kaufmann Avenue HMA Resurfacing
Project (John F. Kennedy Road to Carter Road), Iowa DOT Project No. STP -U -2100
(662)- -70 -31 and authorizing the payment of the contract amount to the contractor was
adopted.
Sustainable Dubuque Project Status Update: City Manager transmitting the monthly
Sustainable Dubuque Project Status Update for June 2012. Upon motion the
documents were received and filed.
Mines of Spain Trail - State Recreation Trail Grant Application: City Manager
recommending approval to submit a 2012 State Recreational Trails grant application in
the amount of $170,500 to the Iowa Department of Transportation for development of
the Mines of Spain Trail and Trailhead Project. Upon motion the documents were
received and filed and Resolution No. 170 -12 Authorizing State Recreational Trails
Grant Application to Iowa Department of Transportation for development of the Mines of
Spain Trail and Trailhead was adopted.
Code of Ordinances - Adoption of Supplement No. 9: City Clerk recommending
adoption of Supplement No. 9 to the City of Dubuque Code of Ordinances, which
adopts Ordinance Nos. 21 -12, 22 -12, 23 -12, 24 -12, 25 -12, 29 -12, 31 -12 and 32 -12.
Upon motion the documents were received and filed and Resolution No. 171 -12
Adopting Supplement No. 9 to the Code of Ordinances of the City of Dubuque, Iowa
was adopted.
Homelessness Prevention and Rapid Re- Housing program (HPRP) Amendment: City
Manager recommending approval of Amendment Three to the Project Concern, Inc.
Agreement for the Homelessness Prevention and Rapid Re- Housing Program. Upon
motion the documents were received, filed, and approved.
Improvement Contracts / Performance, Payment and Maintenance Bonds: Drew
Cook & Sons Excavating for 2012 Brick Manhole Replacement Project No. 4; Horsfield
Construction, Inc. for Ramona Street Panel Replacement Project; Winger Construction
Company for deconstruction of 517 East 22nd Street. Upon motion the documents were
received and filed.
Signed Contracts: Racom Critical Communications for AVL Equipment Service
Agreement and IP Video Service Support, Coca -Cola Beverage Agreement with the
Leisure Services Department. Upon motion the documents were received and filed.
Alcohol Compliance Civil Penalty for Alcohol License Holders - Baymont Inn &
Suites: City Manager recommending approval of the Acknowledgment /Settlement
Agreement for an alcohol compliance violation for Baymont Inn & Suites, 4025
McDonald Drive. Upon motion the documents were received, filed, and approved.
Alcohol and Tobacco License Applications: Alcohol and Tobacco License
Applications City Manager recommending approval of annual liquor, beer, wine and
tobacco licenses applications as submitted. Upon motion the documents were received
and filed and Resolution No. 172 -12 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; and Resolution No. 173 -12 Approving applications for retail
cigarette /tobacco sales permits, as required by Iowa Code 453A.47A were adopted.
WP Investments, LLC — Acceptance of Deeds: City Attorney recommending the
acceptance of deeds for two properties on 16th Street from WP Investments, LLC
related to the Bee Branch Creek Restoration Project. Upon motion the documents were
received and filed and Resolution No. 174 -12 Accepting the deed to certain real estate
in Dubuque County, Iowa from WP Investments, LLC (East % of Lot 252); and
Resolution No. 175 -12 Accepting the deed to certain real estate in Dubuque County,
Iowa from WP Investments, LLC (Tracs I, II & III) were adopted.
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 Resnick. Motion carried 4 -0.
Theisen Supply, Inc.: City Manager recommending that a public hearing be re -set for
July 16, 2012, to approve disposition of approximately 5.7 acres in the Dubuque
Industrial Center West to Leo Theisen for the purpose of constructing an 80,000 square
foot warehouse expansion. Upon motion the documents were received and filed and
Resolution No. 176 -12 Resolution of Intent to dispose of an interest in City of Dubuque
real estate and fixing the date for a public hearing of the City Council of The City Of
Dubuque, Iowa on the proposed issuance of Urban Renewal Tax Increment Revenue
Obligations and the execution of a Development Agreement relating thereto with Leo A.
Theisen and Theisen Supply, Inc. and providing for the publication of notice thereof was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on July 16,
2012 in the Historic Federal Building.
Annexation Request - C3 Investments: City Manager recommending that a public
hearing be set for July 16, 2012 on the annexation request of C3 Investments Trust for
0.063 acres of property on the south side of the City of Dubuque adjacent to Timber -
Hyrst Subdivision. Upon motion the documents were received and filed and a public
hearing was set for a meeting to commence at 6:30 p.m. on July 16, 2012 in the Historic
Federal Building.
Sewer Revenue Capital Loan Notes (Refunding Water Revenue Capital Loan Notes
Series 2010C): City Manager recommending that a public hearing be set for July 16,
2012 on the proposition of issuing not to exceed $3,058,000 in Clean Water State
Revolving Fund Loan Notes to refund $3,058,000 Water Revenue Capital Loan Notes
(Drinking Water State Revolving Loan Fund), Series 2010C for the City Wide Water
Meter Replacement and Unmeasured Flow Reducer Installation Project. Upon motion
the documents were received and filed and Resolution No. 177 -12 Fixing date for a
meeting on the authorization of a Loan and Disbursement Agreement and the issuance
of not to exceed $3,058,000 Sewer Revenue Capital Loan Notes of City of Dubuque,
Iowa, and providing for publication of notice thereof was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on July 16, 2012 in the Historic Federal
Building.
Sewer Revenue Capital Loan Notes (State Revolving Fund Sponsored Project): City
Manager recommending that a public hearing be set for July 16, 2012 on the
proposition of issuing not to exceed $9,400,000 in Sewer Revenue Capital Loan Notes,
(State Revolving Fund Sponsored Project). Upon motion the documents were received
and filed and Resolution No. 178 -12 Fixing date for a meeting on the authorization of a
Loan and Disbursement Agreement and the issuance of not to exceed $9,400,000
Sewer Revenue Capital Loan Notes 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 6:30 p.m. on July 16, 2012 in the Historic Federal Building.
BOARDS /COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards /Commissions:
Building Code Boards of Appeals: Two 3 -year terms through August 1, 2015
(Expiring at -large term of Luchsinger and ADA term of Cruise). Applicants: Marla
Cruise, 905 Rockdale Road (ADA Representative); and Richard Luchsinger, 2875
Brueck Road (At- Large)
Zoning Board of Adjustment: One 5 -year term through March 25, 2017 (Expiring term
of Gibbs). Applicant: William J. Gibbs, 440 S. Grandview Avenue.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Holliday Third Addition - Vacate of Sanitary Sewer: Proof of publication on notice of
public hearing to consider request from James Kaune of IIW, PC requesting the
vacating of a sanitary sewer easement in the Holliday Third Addition and the City
Manager recommending approval. Motion by Lynch to receive and file the documents
and adopt Resolution No. 179 -12 Disposing of City interest in a sanitary sewer
easement over and across Lot 7 and Lot 2 of 8 in Holliday Third Addition in the City of
Dubuque, Dubuque County, Iowa; and Resolution No. 180 -12 Release of sanitary
sewer easement over and across Lot 7 and Lot 2 of 8 in Holliday Third Addition in the
City of Dubuque, Dubuque County, Iowa. Seconded by Braig. Motion carried 4 -0.
Holliday Third Addition - Vacate of Storm Sewer Easement: Proof of publication on
notice of public hearing to consider a request from Nick Lange of Buesing & Associates
for the vacating and relocation of a storm sewer easement in the Holliday Third Addition
and the City Manager recommending approval. Motion by Braig to receive and file the
documents and adopt Resolution No. 181 -12 Approving plat of storm sewer easement;
Resolution No. 182 -12 Disposing of City interest in a storm sewer easement on Lot 1 of
Holliday Third Addition in the City of Dubuque, Dubuque County, Iowa; and Resolution
No. 183 -12 Release of storm sewer easement over Lot 1 Holliday Third Addition in the
City of Dubuque, Dubuque County, Iowa. Seconded by Resnick. Motion carried 4 -0.,
North End Trail Lighting Project: Proof of publication on notice of public hearing to
approve the plans and specifications, estimated cost and form of contract for the North
End Trial Lighting Project and the City Manager recommending approval. Motion by
Braig to receive and file the documents and adopt Resolution No. 184 -12 Approval of
plans and specifications, form of contract and estimated cost for the North End
Neighborhood Trial Lighting Project. Seconded by Resnick. Leisure Services Manager
Marie Ware provided a description of the lighting stating that it pertained to the City
portion of the off - street section of the trail. Motion carried 4 -0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Request for Closed Session: City Manager requesting a closed session for Monday,
July 16, at 5:30 p.m. to discuss legal matters and rescheduling the tour of the Water &
Resource Recovery Center that was scheduled for July 16, to Monday, August 20, at
4:30 p.m. Motion by Lynch to receive and file the documents and set the closed session
as requested. Seconded by Resnick. Motion carried 4 -0.
COUNCIL MEMBER REPORTS
Council Member Resnick made special note of the Aida Kaufman exhibit at the
Dubuque Museum of Art and the dedicated Dragon Boat team, which he experienced at
the recent Water Trail ribbon cutting.
There being no further business, upon motion the City Council adjourned at 6:43 p.m.
/s /Kevin S. Firnstahl
City Clerk
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