Minutes_City Council Proceedings 8 6 12CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on August 6, 2012 in
the Historic Federal Building, 350 W. 6th 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 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
PROCLAMATION(S)
Tour de Dubuque Ride for Hospice Day (August 18, 2012) was accepted by Gene
Rouske, Kevin Vaassen, and Brian Meloccaro of Custom Riders, Inc. 2885 Davenport
Street.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Resnick. Kelly Hingtgen, 3416 Foothill Road,
requested No. 14 City Clerk's Salary Compensation be held for separate discussion.
No. 18 Request to Accept Donation of 735 Caledonia Place was amended to correct a
name change. No. 24 Tower Lease Agreement — Dubuque County 911 and Radio
Dubuque was pulled from the agenda. Motion carried 7 -2.
Minutes and Reports Submitted: Cable TV Commission of 6/6, City Council
Proceedings of 7/16, Civic Center Advisory Commission of 3/5, Civil Service
Commission of 7/12, Dubuque County Emergency Management Commission of 5/1,
Historic Preservation Commission of 7/19, Housing Commission of 6/26, Human Rights
Commission of 6/18, Sister City Relationships Advisory Commission of 7/18, Zoning
Advisory Commission of 7/5, Proof of Publication for City Council Proceedings of 6/27
and 7/2. Upon motion the documents were received and filed.
Notice of Claims and Suits: Bill and Laura Merritt for vehicle damage, Jennifer
Sheldon for property 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
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Assurance Pool: Bill and Laura Merritt for vehicle damage, Jennifer Sheldon for property
damage. Upon motion the documents were received, filed and concurred.
Smarter Cities Pioneers: Correspondence from Janet Ang, Managing Director of
IBM /Singapore, thanking Mayor Buol for his participation in the Evening with Smarter
Cities Pioneers held July 3, 2012 in Singapore. Upon motion the document was
received and filed.
Bell Tower Theater: Correspondence from the Bell Tower Theater thanking the City
Council for the 2013 Arts and Culture Grant award for Special Projects. Upon motion
the document was received and filed.
Civil Service Commission: Civil Service Commission submitting the certified lists for
Golf Course Supervisor and Water Plant Operator. Upon motion the document was
received, filed and made a Matter of Record.
Cable TV Commission: Commissioner George Herrig submitting his resignation from
the Cable TV Commission. Upon motion the document was received, filed and the
resignation accepted.
Community Development Advisory Commission: Commissioner Abbey Smith
submitting her resignation from the Community Development Advisory Commission due
to a change in residency. Upon motion the document was received, filed and the
resignation accepted.
7th Street Retaining Wall Repair - Project Acceptance: City Manager recommending
acceptance of the construction contract for the 7th Street Retaining Wall Reconstruction
Project, as completed by Portzen Construction, Inc. Upon motion the documents were
received and filed and Resolution No. 203 -12 Accepting the 7th Street Retaining Wall
Reconstruction Project and authorizing the payment of the contract amount to the
contractor was adopted.
Request for Proposals - 911 Center Needs Assessment: City Manager
recommending approval of the release of a Request for Proposal for the 911 Center
Needs Assessment. Upon motion the documents were received, filed, and approved.
Dubuque Regional Airport T- Hangar Paving: City Manager recommending approval
to transfer $3,100 in operating funds to the Dubuque Regional Airport T- Hangar Paving
capital improvement project for the local 5% match in the event it is needed. Upon
motion the documents were received, filed, and approved.
Mediacom: Correspondence from Lee Grassley, Senior Manager of Government
Relation for Mediacom informing the City of rate adjustments to be implemented on or
about September 1, 2012. Upon motion the document was received and filed.
License Agreement - Stone Cliff Winery: City Manager recommending approval to
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renew the License Agreement with Stone Cliff Winery through August 31, 2015. Upon
motion the documents were received, filed, and approved.
City Clerk Salary Compensation: Fiscal Year 2012 City Clerk salary compensation
submitted for approval. Motion by Braig to receive and file the document and approve.
Seconded by Jones. Kelly Hingtgen, 3416 Foothill Road, questioned the salary increase
as compared against the job posting and General Employees Wage Plan. Mayor Buol
stated that Ms. Hingtgen would receive a written response. Motion carried 7 -0.
Dubuque Area Convention and Visitors Bureau: Dubuque Area Convention and
Visitors Bureau (CVB) submitting the minutes from the CVB Advisory Board meeting of
July 19, 2012. Upon motion the document was received and filed.
Dubuque County Smart Planning Consortium Update: City Manager transmitting an
update on the work of the Dubuque County Smart Planning Consortium on the draft
Dubuque County Regional Smart Plan for sustainable development and upcoming
public input meetings. Upon motion the documents were received and filed.
Dubuque Jaycees / Radio Dubuque - 2013 Fireworks Request: Correspondence from
Thomas Parsley, General Manager of Radio Dubuque, requesting permission to
conduct a fireworks display on Tuesday, July 3, 2013 from 9:00 p.m. to 10:30 p.m. on
Volunteer Road between Hawthorne and Lime Streets with a rain date of July 4, 2013.
Upon motion the documents were received, filed, and approved.
Request to Accept Donation of 735 Caledonia Place: City Manager recommending
approval to accept the "as is" donation of 735 Caledonia Place from the James P.
Lammers Estate, which will be used as an addition to Hilltop Park. Upon motion the
documents were received, filed, and approved.
Madison Street Retaining Wall Repair - Project Acceptance: City Manager is
recommending acceptance of the construction contract for the Madison Street Retaining
Wall Repair Project, as completed by McAuliffe Excavating, Inc. Upon motion the
documents were received and filed and Resolution No. 204 -12 Accepting the Madison
Street Retaining Wall Repair Project and authorizing the payment of the contract
amount to the contractor was adopted.
Stipulation of Settlement - Property Tax Appeal: City Attorney recommending
approval of the Stipulation of Settlement for Oak Park Place, LLC for 2010 -2012
property tax appeals. Upon motion the documents were received, filed, and approved.
Sister City Relationships Advisory Commission: Commissioner Jill Connors
submitting her resignation from the Sister City Relationships Advisory Commission.
Upon motion the documents were received, filed and the resignation accepted.
Project HOPE Core Committee: Correspondence from Eric Dregne, Vice President of
Programs for the Community Foundation of Greater Dubuque, submitting the Project
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HOPE Core Committee meeting minutes of July 19, 2012. Upon motion the documents
were received and filed.
Purina Drive Weigh Scale House - Project Acceptance: City Manager recommending
acceptance of the Purina Drive Weigh Scale House Project, as completed by Stumpf
Construction. Upon motion the documents were received and filed and Resolution No.
205 -12 Accepting the Purina Drive Weigh Scale House Building Project and authorizing
the payment of the final contract amount to the contractor was adopted.
Tower Lease Agreement - Dubuque County 911 and Radio Dubuque, Inc.: City
Manager recommending approval of a Tower Lease Agreement among the City of
Dubuque, the Dubuque County Joint E911 Board and Radio Dubuque, Inc. to locate
Emergency Communications radio and Police MCT radio equipment on the Radio
Dubuque, Inc. tower. (This item was removed from the agenda).
2012 Justice Assistance Grant (JAG) Application: City Manager recommending
approval of the 2012 Justice Assistance Grant (JAG) application. Upon motion the
documents were received, filed, and approved.
InterCity Bus Grant Application: City Manager recommending approval to submit an
application to the Iowa Department of Transportation Office of Public Transit for an
InterCity Bus Assistance Program grant to help with the build -out of the intercity bus
portion of the Intermodal Center /Terminal. Upon motion the documents were received,
filed, and approved.
Beneficial Reuse Management, LLC - Handling Agreement: City Manager
recommending approval of a storage and handling agreement with Beneficial Reuse
Management, LLC to store gypsoil in the industrial riverfront area. Upon motion the
documents were received, filed, and approved.
Gavilon Grain, LLC - Salt Handling Contract: City Manager recommending approval
of a salt handling contract with Gavilon Grain, LLC for the 2012 -2013 season. Upon
motion the documents were received, filed, and approved.
Quarterly Investment Report: City Manager transmitting the June 30, 2012 Quarterly
Investment Report. Upon motion the documents were received and filed.
Request for Proposals - Dubuque Regional Airport Utilities Extension: City Manager
recommending authorization to release a Request for Proposals for the design of the
utility extensions to the Dubuque Regional Airport. Upon motion the documents were
received, filed, and approved.
Mentor Engineering, Inc. - Contract Amendment: City Manager recommending
approval of an amended contract with Mentor Engineering, Inc. for ITS equipment
purchase and installation for The Jule. Upon motion the documents were received, filed,
and approved.
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Improvement Contracts / Performance, Payment and Maintenance Bonds: Heiar
Brothers Fencing contract for the Murphy Park Fencing Project. Upon motion the
documents were received and filed.
Signed Contracts: Strand Associates Change Order No. 16 for the Water Pollution
Control Plant Modifications Project, Ted Stackis Construction Quotation for the Fire
Hydrant Painting Program Phase II, Towing Services Contract Extension with Wenzel
Towing. Upon motion the documents were received and filed.
Alcohol License Applications: City Manager recommending approval of annual liquor,
beer, and wine licenses applications as submitted. Upon motion the documents were
received and filed and Resolution No. 206 -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 was adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Connors 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
Downtown Urban Renewal District Amendment: City Manager recommending
adoption of a Resolution of Necessity that begins the process of amending the Urban
Renewal Plan for the Greater Downtown Urban Renewal District to expand the District
to include the area generally known as North Kerper Boulevard and that a public
hearing on the proposed amendment be set for October 1, 2012. Upon motion the
documents were received and filed and Resolution No. 207 -12 Resolution of Necessity
finding that certain areas adjacent to the Greater Downtown Urban Renewal District
meet the definition of an Economic Development Area under the Urban Renewal Law,
and that development of said areas is necessary in the interest of the residents of the
City of Dubuque, Iowa was adopted setting a public hearing for a meeting to commence
at 6:30 p.m. on October 1, 2012 in the Historic Federal Building.
Sale of Property - 1777 Washington Street: City Manager recommends setting a
public hearing be set for August 20, 2012, on the sale of 1777 Washington Street to
Alberto Luna. Upon motion the documents were received and filed and Resolution No.
208 -12 Resolution of Intention to Dispose of City -owned property, specifically, Lot 2 of
Lot 2 of the East % of Lot 90; and Lot 1 of Lot 1 of the East % of Lot 91; in East
Dubuque Addition, in the City of Dubuque, Iowa, according to the recorded plat thereof -
1777 Washington Street, was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on August 20, 2012 in the Historic Federal Building.
Sale of Property - 2312 Washington Street: City Manager recommending setting a
public hearing for August 20, 2012, on the sale of 2312 Washington Street to Judie E.
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Root. Upon motion the documents were received and filed and Resolution No. 209 -12
Resolution of intention to dispose of City -owned property, Lot 1 Bee Branch Sub. No. 4,
in the City of Dubuque, Iowa according to the recorded plat thereof - 2312 Washington
Street, was adopted ssetting a public hearing for a meeting to commence at 6:30 p.m.
on August 20, 2012 in the Historic Federal Building.
Vacating Petition - 2500 Kerper Blvd.: City Manager recommending approval of a
request to vacate a portion of Kerper Blvd abutting Key City Plating at 2500 Kerper
Blvd. for a purchase price of $3,915, plus platting, publication and filing fees, and
recommends that a public hearing be set for August 20, 2012, on the disposal of this
property. Upon motion the documents were received and filed and Resolution No. 210-
12 Approving a plat of the proposed vacating of a portion of Kerper Boulevard; and
Resolution No. 211 -12 Resolution of intent to vacate and dispose of city interest in a
portion of Kerper Boulevard, to be known as Lot 2A of McGraw -Hill Key City Plating Re-
Plat in the City of Dubuque, Dubuque, County, Iowa were adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on August 20, 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; applicant appointments will be made at the next City
Council meeting.
Airport Commission: One 4 -year term through September 14, 2016 (Expiring term of
Wagner). Applicants: Amy Wagner, 4555 Camelot Dr.; Robert J. Blocker, 880 Kane St.
Mr. Blocker spoke in support of his appointment.
Historic Preservation Commission: Three 3 -year terms: One Architect At -Large term
(vacant term of Wand effective September 1, 2012) through July 1, 2014; One At -Large
term (expired term of Krueger) through July 1, 2015; One Cathedral District term
(vacant interim term of Krey) through July 1, 2014. Applicants: Otto Krueger, 2521
Wheatland Drive (qualifies for At -Large or Interim Cathedral District); Julie Schlarman,
1599 Bluff St. (qualifies for At -Large or Interim Cathedral District); Benjamin Beard,
1854 Churchill St. (qualifies for all three positions). Ms. Schlarman, Mr. Beard, and Ms.
Monk spoke in support of their respective appointments.
Housing Commission: Three 3 -year terms through August 17, 2015 (Expiring terms
of Culbertson and Holz and vacant term of Ronek). Applicants: Dorothy Culbertson,
2095 University Ave.; Anna S. Fernandes, 2191 Broadlawn Rd.; Jim Holz, 3010 Indiana
Court
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PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
5 Points Signal Reconstruction Project Rebid: Proof of publication on notice of public
hearing to consider approval of the plans and specifications, form of contract and
estimated cost for the 5 Points Traffic Signal Reconstruction Project and the City
Manager recommending approval. Motion by Connors to receive and file the documents
and adopt Resolution No. 212 -12 Approval of plans, specifications, form of contract, and
estimated cost for the 5 Points Traffic Signal Reconstruction Project — Rebid. Seconded
by Lynch. Connors expressed concerns to Traffic Engineer Dave Ness about increased
traffic on Elm Street approaching the 5 Points intersection resulting from redevelopment
of the Historic Millwork District. Motion carried 7 -0.
ARC Transfer Center Phase I Project: Proof of publication on notice of public hearing
to consider the approval of the plans, specifications, form of contract and the estimated
cost for the ARC Transfer Center Phase I Canopy — 2012 Project and the City Manager
recommending approval. Motion by Connors to receive and file the documents and
adopt Resolution No. 213 -12 Approval of plans, specifications, form of contract, and
estimated cost for the ARC Transfer Center Phase I Canopy - 2012 Project. Seconded
by Braig. Motion carried 7 -0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Automated Traffic Enforcement (Second Reading): City Manager recommending
approval of Automated Traffic Enforcement for the City of Dubuque. Mayor Buol read
from a prepared statement.
Motion by Braig to table indefinitely a proposed ordinance amending City of Dubuque
Code of Ordinances Title 9 Motor Vehicles and Traffic by adding a New Chapter 17
Automatic Traffic Enforcement, Providing for Automatic Traffic Enforcement and
Establishing Penalties for Violations. Seconded by Jones. Responding to questions
from City Council, City Attorney Lindahl stated that while this item is tabled to a date
uncertain, a Council Member may request that it be brought back before the Council at
any time. Motion carried 7 -0.
Meter District Amendment - Historic Millwork District: City Manager recommending
approval of an ordinance expanding the Downtown Meter District to include White
Street from 5th Street to 11th Street on both sides, 8th Street both sides White Street to
Washington, 9th Street both sides White Street to Elm Street, 10th Street both sides
from White Street to Elm Street, 11th Street both sides from White Street to Elm Street,
Jackson Street both sides from 8th Street to 11th Street, and Washington Street both
sides from 8th Street to 11th Street.
Motion by Connors to receive and file the documents and that the requirement that a
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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 Braig.
Motion failed 5 -2 with Lynch and Sutton voting nay.
Motion by Connors to consider the first reading of a proposed ordinance amending
City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14
Parking, Section 9 -14- 321.666 Municipal Parking Meter District Established by
Expanding the Downtown Meter District. Seconded by Braig. Motion carried 5 -2 with
Lynch and Sutton voting nay.
Request for Proposals - Financial Advisor: City Manager recommending approval of
Piper Jaffray for financial advisor services for City of Dubuque in connection with issuing
bonds for future projects, bond refundings, and debt capacity, debt structuring and
cashflow analysis. Motion by Connors to receive and file and approve the
recommendation. Seconded by Braig. Responding to questions from City Council,
Budget Director Jenny Larson stated that the City's previous financial advisor was PFM
whose contract expired in May. Motion carried 7 -0.
Iowa Economic Development Authority (IEDA) and Rousselot, Inc. Contract: City
Manager recommending approval of the submission of a Financial Assistance
Application to the Iowa Economic Development Authority (IEDA) on behalf of Rousselot,
Inc. Motion by Jones to receive and file the documents and adopt Resolution no. 214 -12
Authorizing the filing of an application for state financial assistance on behalf of
Rousselot, Inc. Seconded by Braig. Motion carried 7 -0.
Intermodal Transportation Design Award: City Manager recommending authorization
to contract with Neumann Monson for the final design and for construction oversight of
the Intermodal Transportation Campus. This item was removed from the agenda.
REAP Annual Plan, Representative, and Grant Application: City Manager
recommending approval of the City of Dubuque's Fiscal Year 2013 update to the
Dubuque County Resource Enhancement and Protection (REAP) Plan and grant
application for development of the E.B. Lyons Interpretive Area Addition at the Mines of
Spain. Motion by Connors to receive and file the documents and adopt Resolution No.
215 -12 Authorizing REAP grant application to the Iowa Department of Natural
Resources for E. B. Lyons Interpretive Area Addition at the Mines of Spain. Seconded
by Jones. Motion carried 7 -0.
Mullen Road Name Change: Citizen correspondence related to changing the spelling
of Mullen Road to Mullin Road. Motion by Jones to receive and file the documents and
proceed with changing the name and street signs. Seconded by Lynch. Motion carried
7 -0.
PUBLIC INPUT
Mike Heitz, 2891 North Ridge Road; Laura Bies, 17136 Cedar Cross Road; and
Shane Duggan, 2005, Simpson Street, each spoke in support of updating the current
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skate park at McAleece Park and adding more parks around the city. They believed that
the current park is outdated and unsafe and should be updated with technology which
has improved since the park opened. They asked that the expense be considered in the
upcoming budget process and Council goal setting.
Leo Broughton, Tour Dubuque, 195 Main Street, provided information on Tour
Dubuque's green form of Trikke transportation asking that it be considered for use by
other entities in the City including government.
There being no further business, upon motion the City Council adjourned at 7:27 p.m.
1t 8/15
Kevin S. Firnstahl, CMC
City Clerk
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