Minutes_City Council Proceedings 10 1 12CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on October 1, 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 City
Council.
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
May the spirit of wisdom keep our hearts and minds open as we endeavor to serve
the common good.
PROCLAMATIONS
Crop Walk Day (October 7, 2012) was accepted by Dorothy Krayer, 1205 Park
Street.
Trick -or -Treat Night (October 31, 2012) was accepted by Mayor Buol;
Arts and Humanities Month (October 2012) was accepted by Arts Commission Chair
Marina O'Rourke, 2084 Mullin Road;
Make a Will Month (October 2012) was accepted by Library Director Susan Henricks
and Make a Will Month Committee Member Joan Ness.
PRESENTATION(S)
Iowa American Public Works Award - Historic Millwork District: Civil Engineer II Jon
Dienst presented the American Public Works Association (APWA), Iowa Chapter,
Project of the Year Award in Transportation for the Historic Millwork District Complete
Streets Project.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Braig. Motion carried 7 -0.
Minutes and Reports Submitted: City Council proceedings of 9/17; Housing Code
Board of Appeals of 6/19; Housing Commission of 8/28; Sister City Relationships
Advisory Commission of 9/5; Transit Advisory Board of 9/13; Proof of Publication for
City Council proceedings of 8/28, 8/29, and 9/4. Upon motion the documents were
received and filed.
Notice of Claims and Suits: Dubuque Hose and Hydraulic for property damage;
Janice Even for vehicle damage; Cindy Hedley for property damage; Frank Vlach, III, 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: Dubuque Hose and Hydraulics for property damage, Cindy Hedley for
property damage. Upon motion the documents were received, filed and concurred.
Iowa Great River Road Corridor Management Plan: City Manager recommending
approval of a $1,000 financial contribution to support the redevelopment of the Corridor
Management Plan for the Iowa Great River Road. Upon motion the documents were
received, filed and approved.
Smart Planning Consortium Update: City Manager transmitting an update on the
work of the Dubuque County Smart Planning Consortium on eight draft chapters of the
Dubuque County Regional Smart Plan for sustainable development and upcoming
public input meetings. Upon motion the documents were received and filed.
Circles Initiative Grant Application: City Manager recommending approval of the grant
applications for the Community Impact Grant and the Theisen's More for Your
Community Grant for the Circles Initiative, as submitted to the Community Foundation of
Greater Dubuque. Upon motion the documents were received, filed and approved.
East Central Iowa Intergovernmental Agency (ECIA) - Management Contract
Amendment: City Manager recommending approval of an Amendment to the
Management Agreement between the City of Dubuque and East Central
Intergovernmental Association to reflect the addition of the Urban Mobility Coordinator
position. Upon motion the documents were received, filed and approved.
Federal Emergency Management Agency (FEMA) - Buy -Out Program Demolition
Bidding: City Manager recommending approval of the bid specifications and demolition
agreement to allow re- bidding for the demolition of the flood damaged property at 1654
Manson Road. Upon motion the documents were received, filed and approved.
Hillcrest Family Services - Murphy Park Agreement: City Manager recommending
approval of an agreement with Hillcrest Family Services for use of Murphy Park from
October 30th through January 10th to set up a holiday light display. Upon motion the
documents were received, filed and approved.
Eleventh Street Stair and Handrailing Repair Project Acceptance: City Manager
recommending acceptance of the public improvements for the 11th Street Stair and
Handrail Repair Project, as completed by Drew Cook & Sons Excavating. Upon motion
the documents were received and filed and Resolution No. 263 -12 Accepting the 11th
Street Stair and Handrailing Repair Project, and authorizing the payment of the contract
amount to the contractor was adopted.
Drainage Basin Master Plan Update: City Manager recommending approval to enter
into a professional services agreement with HDR Engineering to update the Drainage
Basin Master Plan to include current and planned undertakings. Upon motion the
documents were received, filed and approved.
Iowa DOT Title VI Assurances and Nondiscrimination Agreement: City Manager
recommending approval of the Title VI Assurances and Title VI Nondiscrimination
Agreement between the Iowa Department of Transportation (IDOT) and the City of
Dubuque related to local projects that are eligible for federal aid funding, and appointing
City Engineer Gus Psihoyos as the Title VI Coordinator. Upon motion the documents
were received, filed and approved.
Environmental Stewardship Advisory Commission: Commissioner Gayle Walter
submitting her resignation from the Environmental Stewardship Advisory Commission.
Upon motion the documents were received, filed and the resignation accepted.
Civil Service Commission: Civil Service Commission submitting the certified lists for
the positions of Cashier and Confidential Account Clerk. Upon motion the documents
were received, filed and made a Matter of Record.
Catfish Creek Watershed Management Plan - Grant Application: City Manager
recommending submittal of a grant application to the Iowa Department of Natural
Resources for the Catfish Creek Watershed Management Plan. Upon motion the
documents were received and filed and Resolution No. 264 -12 Authorizing grant
application to Iowa Department of Natural Resources for creation of a Watershed Plan
for the Catfish Creek Watershed Management Authority was adopted.
St. Mary's Condominiums - Housing Enterprise Zone Agreement: City Manager
recommending approval of the Housing Enterprise Zone Program Agreement for St.
Mary's Condominiums, LLC for redevelopment of the former St. Mary's School Building
located at 1501 Jackson Street into 10 multi - family housing units. Upon motion the
documents were received and filed and Resolution No. 265 -12 Approving a Housing
Enterprise Zone Program Agreement by and among the Iowa Economic Development
Authority, the City of Dubuque and St. Mary's Condominiums, LLC was adopted.
Dubuque Convention and Visitors Bureau: Keith Rahe, President of the Dubuque
Convention and Visitors Bureau (CVB) submitting information from the September 20,
2012 CVB Advisory Board meeting. Upon motion the documents were received and
filed.
Request for Proposals - 5th and Bluff Street Public Restroom Design: City Manager
recommending approval of the Request for Proposals for the 5th and Bluff Street Public
Restroom Project Design. Upon motion the documents were received, filed and
approved.
Alcohol License Renewals: City Manager recommending approval of annual liquor,
beer, and wine licenses as submitted. Upon motion the documents were received and
filed and Resolution No. 266 -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 Jones 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 7 -0.
General Obligation Bonds Series 2012E: City Manager recommending that a public
hearing be set for October 15, 2012, on the proposition of selling not to exceed
$700,000 in General Obligation Bonds, the proceeds of which will be used to pay costs
of projects in the City budget previously approved by the City Council. Upon motion the
documents were received and filed and Resolution No. 267 -12 Fixing date for a meeting
on the proposition of the issuance of not to exceed $700,000 of General Obligation
Bonds, Series 2012E (for General Corporate Purposes) and providing for publication of
notice thereof was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on October 15, 2012 in the Historic Federal Building.
Essential Corporate Purpose General Obligation Bonds Series 2012E: City Manager
recommending that a public hearing be set for October 15, 2012 on the proposition of
selling not to exceed $4,000,000 in General Obligation Bonds, the proceeds of which
will be used to pay costs of projects in the City budget previously approved by the City
Council. Upon motion the documents were received and filed and Resolution No. 268-
12 Fixing date for a meeting on the proposition of the issuance of not to exceed
$4,000,000 General Obligation Bonds, Series 2012E, (for Essential Corporate
Purposes) 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
October 15, 2012 in the Historic Federal Building.
General Obligation Urban Renewal Bonds: City Manager recommending that a public
hearing be set for October 15, 2012, on the proposition of selling not to exceed
$12,000,000 in General Obligation Urban Renewal Bonds, the proceeds of which will be
used to fund urban renewal projects in the City budget previously approved by the City
Council. Upon motion the documents were received and filed and Resolution No. 269-
12 Fixing date for a meeting on the proposition of the issuance of not to exceed
$12,000,000 General Obligation Urban Renewal Bonds (for Urban Renewal Purposes)
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 October
15, 2012 in the Historic Federal Building.
Bowling & Beyond, Inc. - Termination of Leases: City Manager recommending that a
public hearing be set for October 15, 2012, to consider the proposed agreement to
terminate leases with Bowling & Beyond Dubuque, Inc. Upon motion the documents
were received and filed and Resolution No. 270 -12 Setting date for public hearing on
the proposition of approving an agreement to terminate leases with Bowling & Beyond
Dubuque, Inc. for a building located in the newly amended Greater Downtown Urban
Renewal District and to approve payment for such agreement to Bowling & Beyond
Dubuque, Inc., was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on October 15, 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:
Arts and Cultural Affairs Advisory Commission: One 3 -Year term through June 30,
2015 (Vacant term of King). *Business Professional Living/Working within the Cultural
District. Applicants: Mary Bridget Corken, 469 Emmett St. Apt 26; Tom Farley, 491 W
4th St.; Gina Siegert, 405 Southern Ave. Mr. Farley spoke in support of his appointment.
Housing Commission: One 3 -Year term through September 8, 2015 (Vacant term of
Kepler). Applicant: Patricia Foster, 3565 Lunar Dr.
Housing Trust Fund Advisory Committee: One 3 -Year term through September 8,
2015 (Expiring term of Hingtgen). Applicant: Doris Hingtgen, 309 Hill St. Ms. Hingtgen
spoke in support of her appointment.
Safe Community Advisory Committee: One 1 -Year term through December 31, 2012
(Vacant term of Elkins). Applicant: Christopher J. Welch, 164 Main St.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Amended and Restated Urban Renewal Plan Greater Downtown UR District: Proof of
publication on notice of public hearing to consider adoption of the Amended and
Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to
support reinvestment efforts in the district and the City Manager recommending
approval. Motion by Connors to receive and file the documents and adopt Resolution
No. 271 -12 Approving the Amended and Restated Urban Renewal Plan for the Greater
Downtown Urban Renewal District. Seconded by Jones. Motion carried 7 -0.
General Obligation Refunding Bonds Series 2012G: Proof of publication on notice of
public hearing to approve the suggested proceedings for the public hearing on the
issuance of General Obligation Bonds and approval of a "Resolution Instituting
Proceedings to Take Additional Action for the Issuance of Not to Exceed $950,000
General Obligation Bonds, Series 2012G and the City Manager recommending
approval. Motion by Connors to receive and file the documents and adopt Resolution
No. 272 -12 Instituting proceedings to take additional action for the issuance of not to
exceed $950,000 General Obligation Refunding Bonds, Series 2012G. Seconded by
Jones. Motion carried 7 -0.
Port of Dubuque - Watermain Extension Project: Proof of publication on notice of
public hearing to consider the approval of plans, specifications, form of contract and
estimated cost for the Port of Dubuque Watermain Extension Project and the City
Manager recommending approval. Motion by Lynch to receive and file the documents
and adopt Resolution No. 273 -12 Approval of plans, specifications, form of contract, and
estimated cost for the Port of Dubuque Watermain Extension Project. Seconded by
Jones. Motion carried 7 -0.
Request to Vacate — Peosta Street (Giese Companies): Proof of publication on notice
of public hearing to consider a request by Giese Companies to vacate a portion of
Peosta Street abutting their property at 2125 Kerper Blvd. and the City Manager
recommending approval. Motion by Connors to receive and file the documents and
adopt Resolution No. 274 -12 Vacating a portion of Peosta Street to be known as Lot A
of Giese Subdivision in the City of Dubuque, Iowa; and Resolution No. 275 -12
Disposing of City interest in Lot A of Giese Subdivision in the City of Dubuque, Dubuque
County, Iowa. Seconded by Jones. Motion carried 7 -0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
International City /County Managers Association (ICMA) Climate Change Fellowship:
ICMA Climate Change Fellow Greg Bruce from Townsville, Queensland, Australia,
reported on his activities and global connections regarding Sustainable Dubuque and
sustainability since his exchange to Dubuque, in October 2011. Motion by Connors to
receive and file the information. Seconded by Resnick. Motion carried 7 -0.
Grand River Center Floor Settlement Project Award: City Manager recommending
that the improvement contract for the Grand River Center Floor Settlement Remediation
project be awarded to Hayward Baker, Inc. Motion by Connors to receive and file the
documents and adopt Resolution No. 276 -12 Awarding the public improvement contract
for the Grand River Center Floor Settlement Repair Project. Seconded by Resnick.
Motion carried 7 -0.
Clemons et al. vs. City of Dubuque and Brian Wullweber: City Attorney submitting
settlement information on Clemons et al. vs. City of Dubuque and Brian Wullweber.
Motion by Jones to receive and file the documents and defer to ICAP's assessment of
the Clemons et al. vs. City of Dubuque and Brian Wullweber case and refrain from
objecting to the settlement. Seconded by Lynch. Motion carried 7 -0.
COUNCIL MEMBER REPORTS
Council Member Connors reported on the death of Jim Michalski, former Council
Member Ann Michalski's husband and commented on how he exemplified the good
citizen.
Council Member Resnick reported on the retirement of area band leader Jerry Accola
who is known for recreating the sound of the Eddy Howard Orchestra.
Council Member Lynch reported on the 175th anniversary celebration of the
Dubuque Police Department, which he attended as Mayor Pro Tem.
There being no further business, upon motion the City Council adjourned at 7:32 p.m.
/s /Kevin S. Firnstahl, CMC
City Clerk
it 10/10