Minutes_City Council Proceedings 11 5 12CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on November 5, 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
Veterans Day (November 11, 2012) was accepted by John Richardson of American
Legion Post #6;
Philanthropy Day (November 15, 2012) was accepted by Dan McCarthy, Executive
Director of the Finley Health Foundation, 350 N. Grandview, and representing the
Association of Fundraising Professionals, Greater Tri -State Chapter.
Key Club Week (November 5 -9, 2012) was accepted by Natalie Walgren of
Illinois /Eastern Iowa Key Club Region #15;
Hospice Month (November 2012) was accepted by Carole Carroll, Hospice of
Dubuque, 2255 John F. Kennedy Road.
PRESENTATION
National Association of Development Organizations (NADO) 2012 Innovation Award:
Candace Eudaley and Chandra Ravada of the East Central Intergovernmental
Association (ECIA) presented the 2012 NADO Innovation Award to the City of Dubuque
for its role in the Smarter Travel Pilot Study.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Braig. Jacob Long, 4604 Cardinal Drive
requested that ( #5) IBM for Smarter Electricity Iowa - Amendment to Joint Development
Agreement be held for separate discussion. Motion carried 7 -0.
Minutes and Reports Submitted: Art and Cultural Advisory Commission of 9/25,
Building Code Board of Appeals of 10/26, City Council Proceedings of 10/15,
Community Development Advisory Commission of 10/17, Dubuque County Emergency
Management Commission of 8/7, Housing Commission of 9/25, Historic Preservation of
10/18 and 9/20, Library Board of Trustees of 8/23, 9/27 and Reports of 9/27 and 10/25,
Long Range Planning Advisory Commission of 9/19, Transit Advisory Board of 10/11,
Proof of Publication for City Council Proceedings of 10/1. Upon motion the documents
were received and filed.
Notice of Claims and Suits: Rachel Galazin for vehicle damage, Sandra Juergens for
vehicle damage, Darrell Whitt 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
Assurance Pool: Jennifer Cooper for loss of income, Rachel Galazin for vehicle
damage, Sandra Juergens for vehicle damage, Archie Ralston for vehicle damage,
Darrell Whitt for property damage. Upon motion the documents were received, filed and
concurred.
2012 Brick Manhole Replacement Project Bid Package 4 - Project Acceptance: City
Manager recommending acceptance of the public improvements for the 2012 Brick
Manhole Replacement Project Bid Package 4 as completed by Drew Cook & Sons.
Upon motion the documents were received and filed and Resolution No. 291 -12
Accepting the 2012 Brick Manhole Replacement Project Bid Package 4 and authorizing
the payment of the contract amount to the contractor was adopted.
IBM for Smarter Electricity Iowa - Amendment to Joint Development Agreement: City
Manager recommending approval of an Amended Joint Development Agreement with
IBM Research authorizing software licenses necessary to proceed with the Department
of Energy Smart Grid Data Access Grant and reflecting a delay in the implementation
dates. Motion by Connors to receive and file the documents and approve the
recommendation. Seconded by Jones. Jacob Long, 4604 Cardinal Drive, addressed the
Council about concerns he had with public - private partnerships and requested
discussion regarding the expenses, funding and competitiveness of the agreement.
Responding to questions, Sustainability Coordinator Cori Burbach and Information
Services Manager Chris Kohlmann stated that the program is fully funded through grant
funds from the Department of Energy and does not compromise competitiveness since
IBM is considered a sole- source provider of the products required for the Intelligent
Operations Center. Mayor Buol stated that public - private partnerships are essential and
invaluable to City projects. Motion carried 7 -0.
Sungard OSSI - Public Safety Software Contract: City Manager recommending
approval to enter into a contract with Sungard OSSI for the public safety software for the
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City of Dubuque and its partner public safety agencies. Upon motion the documents
were received, filed and approved.
Alternative Services Concepts - Workers' Compensation Renewal Rates: City
Manager recommending approval of the renewal rates from Alternative Services
Concepts for services related to the administration of the City's Worker's Compensation
Program for the period October 1, 2012, through October 30, 2013. Upon motion the
documents were received, filed and approved.
Renewal Rate for Voluntary Dental Plan: City Manager recommending approval of
the renewal rates for the Delta Dental plan for January 1, 2013, through December 31,
2012. Upon motion the documents were received, filed and approved.
Hostess Brands WARN Notification: Correspondence from Jeff Parlato, Vice
President of Human Resources and Labor Relations, providing an update to the Worker
Adjustment and Retraining Notification (WARN) for Hostess Brands. Upon motion the
documents were received and filed.
Design Review Guidelines Update - Grant Application: City Manager recommending
approval of the submittal of a National Trust for Historic Preservation Funds grant to
update and consolidate multiple existing design manuals into one comprehensive easy
to use and understand document. Upon motion the documents were received and filed
and Resolution No. 292 -12 Authorizing grant application for NTHP Funds to update and
consolidate design guideline manuals was adopted.
Quarterly Investment Report: City Manager transmitting the September 30, 2012
Quarterly Investment Report. Upon motion the documents were received and filed.
Plumbing Board: Board Member Dan Harris submitting his resignation from the
Plumbing Board. Upon motion the document was received, filed and the resignation
accepted.
Iowa Economic Development Authority - Heartland Financial Contract: City Manager
recommending approval of a contract with the Iowa Economic Development Authority
for Iowa Values Funds (IVF) Financial Assistance benefits on behalf of Heartland
Financial USA, Inc. for an expansion of office space in the Roshek Building. Upon
motion the documents were received and filed and Resolution No. 293 -12 Approving an
Iowa Values Fund Financial Assistance Contract by and among the Iowa Economic
Development Authority, the City of Dubuque and Heartland Financial USA, Inc. was
adopted.
Purchase of Property - 1318 Jackson Street: City Manager recommending approval
to purchase a house located at 1318 Jackson Street from the Marcellus J. Pottebaum
Trust. Upon motion the documents were received and filed and Resolution No. 294 -12
Approving the acquisition of real estate located at 1318 Jackson Street in the City of
Dubuque was adopted.
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Federal Emergency Management Agency (FEMA) Buy -Out - Demolition Contract:
City Manager recommending approval of the award of the Regulated Asbestos
Containing Material demolition contract to Environmental Management Services of
Iowa, Inc., to allow for the demolition of the flood- damaged property at 1654 Manson
Road through the FEMA 403 Buy -Out Program. Upon motion the documents were
received, filed and approved.
E. B. Lyons Interpretive Area Expansion - REAP Grant Agreement: City Manager
recommending approval of an agreement with the Iowa Department of Natural
Resources for development of Phase 1 of the 52 -acre E.B. Lyons Interpretive Area
Addition at the Mines of Spain State Recreation Area. Upon motion the documents were
received and filed and Resolution No. 295 -12 Authorizing REAP Grant Agreement with
Iowa Department of Natural Resources for development of E.B. Lyons Interpretive Area
Addition - Phase 1 at the Mines of Spain was adopted.
White Water Creek Bridge Relocation Project, Phase 4 Wood Decking - Project
Acceptance: City Manager recommending acceptance of the construction contract for
the Historic White Water Creek Bridge Relocation Project, Phase 4 - Wood Decking, as
completed by Klauer Construction Company. Upon motion the documents were
received and filed and Resolution No. 296 -12 Accepting the Historic White Water Creek
Bridge Relocation Project, Phase 4 - Wood Decking and authorizing the payment of the
contract amount to the contractor was adopted.
Technical Assistance Building Blocks for Sustainable Communities: City Manager
submitting a Letter of Interest to the U.S. Environmental Protection Agency for
Technical Assistance Building Blocks for Sustainable Communities. Upon motion the
document was received, filed and approved.
Sustainable Dubuque Project Monthly Status Update: City Manager transmitting the
Sustainable Dubuque Project Status Update for the months of September and October,
2012. Upon motion the documents were received and filed.
Local Sustainability Matching Fund Grant Application: City Manager recommending
approval of Local Sustainability Matching Fund grant application to support the Green &
Healthy Homes Initiative. Upon motion the documents were received, filed and
approved.
Federal Emergency Management Agency (FEMA) - 2012 Community Resilience
Innovation Challenge Grant: City Manager transmitting information on the FEMA 2012
Community Resilience Innovation Challenge Grant that the City applied for in
partnership with Sustainable Strategies DC. Upon motion the documents were received,
filed and approved.
Facade Design Work - Central Avenue: City Manager recommending approval to
utilize available UDAG funds to assist property owners on Central Avenue in the
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Washington Neighborhood with conceptual design work for the facades on their
commercial buildings. Upon motion the documents were received, filed and approved.
Memo of Understanding IDOT Parking Ticket Registration Holds: City Manager
recommending approval of a Memorandum of Understanding with the State of Iowa
Department of Motor Vehicles related to placement of holds by the City against any
vehicle registrations that have unpaid parking tickets. Upon motion the documents were
received, filed and approved.
Request to Vacate - National Guard Readiness Center: Communication from Richard
Wolbers of Straka Johnson Architects on behalf of the National Guard Readiness
Center requesting that the City vacate a portion of City -owned property at the
intersection of 5001 Old Highway Road and 1035 Radford Road. Upon motion the
documents were received, filed and referred to the City Manager.
Belmont Forum and G8 Research Council Initiative: City Manager submitting
correspondence to Dr. Nathaniel G. Pitts of the Belmont Forum and G8 Research
Council regarding the City's participation in the Urban Hydrology and Water
Sustainability Initiative. Upon motion the documents were received, filed and approved.
Improvement Contracts / Performance, Payment and Maintenance Bonds: Connolly
Construction, Inc. for the Eagle Point Park Washout Repair Project; Hayward Baker,
Inc. for the Grand River Convention Center Floor Settlement Remediation Project;
Klauer Construction Company for the Historic White Water Creek Bridge Restoration
Project Phase 4 - Wood Decking; McDermott Excavating for the 2012 Drain Tile Project.
Upon motion the documents were received, filed and approved.
Signed Contracts: Contract with Schroeder Construction for the Upper Bee Branch
Creek Restoration Project. Upon motion the document was received and filed.
Alcohol Compliance Civil Penalty for Alcohol License Holders - Olive Garden
Restaurant: City Manager recommending approval of the Acknowledgment /Settlement
Agreement for an alcohol compliance violation for Olive Garden Restaurant, 3350
Dodge Street. Upon motion the documents were received, filed and approved.
Alcohol License Applications: City Manager recommending approval of annual liquor,
beer, and wine licenses as submitted. Upon motion the documents were received and
filed and Resolution No. 297 -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.
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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 7 -0.
Brunskill Road Bridge Reconstruction Project: City Manager recommending initiation
of the public bidding process for the Brunskill Road Bridge Reconstruction Project, and
further recommends that a public hearing be set for November 19, 2012. Upon motion
the documents were received and filed and Resolution No. 298 -12 Preliminary approval
of plans, specifications, form of contract, and estimated cost; setting date of public
hearing on plans, specifications, form of contract, and estimated cost; and ordering the
advertisement for bids (Brunskill Road Bridge Reconstruction Project Iowa DOT Project
No. BROS -2100 (659)8J -31) was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on November 19, 2012 in the Historic Federal Building.
Hillcrest Family Services - Request to Vacate Storm Sewer Easement: City Manager
recommending approval of a request from Hillcrest Family Services to vacate a storm
sewer easement on Lot 1 of Peterson Subdivision No. 2 and further recommends that a
public hearing be set for November 19, 2012. Upon motion the documents were
received and filed and Resolution No. 299 -12 Resolution of Intent to vacate and dispose
of city interest in storm sewer easements over and across Lot 1 of Peterson Subdivision
No. 2 in the City of Dubuque, Dubuque County, Iowa, was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on November 19, 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:
Civic Center Commission: One 3 -Year term through June 29, 2013 (Vacant term of
Fields). Applicants: McKenzie R. Hill, 394 1/2 Bluff St. #2; Jeff Lenhart, 1711 Clarke Dr.
Ms. Hill and Mr. Lenhart spoke in support of their respective appointments.
Environmental Stewardship Advisory Commission: One 3 -Year term through October
1, 2015 (Expired term of Walter). Applicants: David Koch, 1950 Admiral St.; Gina
Makris, 166 Bluff St.
Human Rights Commission: One 3 -Year term through January 1, 2015 (Vacant term
of Krey). Applicant: Jeff Lenhart, 1711 Clarke Dr. Mr. Lenhart spoke in support of his
appointment.
Investment Oversight Advisory Committee: One 3 -Year term through July 1, 2015
(Vacant term of King). Applicant: Rick Runde, 1034 Barbaralee Dr.
Mediacom Charitable Foundation: One 1 -Year term through December 31, 2013
(Expired term of Chavenelle). Applicant: Gail Chavenelle, 1155 Kelly Lane.
Mississippi River Partnership Council: One 3 -Year term through December 31, 2015
(Expired term of Cawley). Applicant: Edward Cawley, 598 Needham St.
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PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Sale of Property - 2513 -2515 White Street: Proof of publication on notice of public
hearing to consider the sale of City -owned property located at 2513 -2515 White Street
to James Ferring and the City Manager recommending approval. Motion by Lynch to
receive and file the documents and adopt Resolution No. 300 -12 Approving the sale of
real estate specifically 2513 -2515 White Street. Seconded by Connors. Jacob Long,
4604 Cardinal Drive, questioned how the property was originally acquired. City Manager
Van Milligen stated that the City Council approved the acquisition in 2010. Motion
carried 7 -0.
Eagle Point Water Plant Well Field Electrical Upgrades Project: Proof of publication
on notice of public hearing to consider approval of the plans, specifications, form of
contract and the estimated cost for the Eagle Point Water Plant Well Field Electrical
Upgrades Project and the City Manager recommending approval. Motion by Connors to
receive and file the documents and adopt Resolution No. 301 -12 Approval of plans,
specifications, form of contract, and estimated cost for the Eagle Point Water Plant Well
Field Electrical Upgrades Project. Seconded by Jones. Motion carried 7 -0.
ARC Transfer Center Phase I Project: Proof of publication on notice of public hearing
to consider the plans, specifications, form of contract and the estimated cost for the
ARC Transfer Center Phase I Project and the City Manager recommending approval.
Motion by Jones to receive and file the documents and adopt Resolution No. 302 -12
Approval of plans, specifications, form of contract, and estimated cost for the ARC
Transfer Center Phase 1 Project. Seconded by Resnick. Responding to questions from
City Council, Transit Manager Barbara Morck provided an explanation of the project
stating that phase 1 provides for a canopy at the Jule Transit System's west side
transfer center on John F. Kennedy Road. Additional amenities such as enclosures and
restrooms are planned for phase 2 within the next year. Motion carried 7 -0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Greater Dubuque Development Corporation: President and CEO Rick Dickinson
provided a quarterly update of the activities of the Greater Dubuque Development
Corporation. Mr. Dickinson credited the City Council's initiatives and public - private
partnerships for the community's successes and described a number of commercial
business expansions that have taken place in the last year. Mr. Dickinson also
addressed the low unemployment rate, low property tax rate, and focus on workforce
training as well as Dubuque's lead in the areas of financial and insurance services,
customer service and manufacturing. Motion by Lynch to receive and file the
information. Seconded by Jones. Motion carried 7 -0.
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Code of Ordinances - ADA Readily Achievable Determinations: City Manager
recommending approval of an update to the City's Accessibility Code to clarify how the
readily achievable standard is determined and provide for the use of alternative
methods of reasonable accommodations in the event that the barrier removal is not
readily achievable. Restated motion by Connors to receive and file the documents and
consider the first reading of a proposed ordinance amending City of Dubuque Code of
Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article 1
Accessibility Code for Readily Achievable Changes, Section 14 -11 -3 Removal of
Architectural Barriers if Readily Achievable by adding language to clarify that the
determination of Readily Achievable within the City of Dubuque will be made by the City
Manager. Seconded by Braig. Responding to questions from the City Council, City
Manager Van Milligen stated that determinations would be made with the aid of staff
advisors and that the City cannot safeguard against federal interpretation of "readily
accessible." Proudly Accessible Dubuque will be contacted for their input on the issue.
Motion carried 7 -0.
Blue Zone Project Finalist: City Manager requesting that the Mayor and at least two
City Council Members attend and represent City Policy Leadership at the Blue Zones
site visit on November 15, 2012. Motion by Connors to receive and file the documents
and select Council Members Braig, Connors, Lynch, and Sutton as attendees. Public
Health Specialist Mary Rose Corrigan and Blue Zone Leadership Team Member Sara
Pickley provided details of the event. Motion carried 7 -0.
Moody's Investors Service: City Manager transmitting the Moody's Investors Service
bond ratings and detailed comments for five current bond issues. Motion by Jones to
receive and file the documents. Seconded by Resnick. City Manager Van Milligen
provided information on how the City's Comprehensive Plan and Council goals and
priorities direct debt issuance, debt service and the budgeting /scheduling of Capital
Improvement Projects adding information on the City's current financial health and
retention of its Aa1 bond rating.
Sale of General Obligation Bonds, Series 2012E, F, H & 1: City Manager advising that
the results of the sale of $3,695,000 General Obligation Bonds, Series 2012E;
$1,050,000 Taxable General Obligation Bonds, Series 2011F; $2,420,000 General
Obligation Urban Renewal Bonds, Series 2012H; and $7,034,000 Taxable General
Obligation Refunding Bonds will be brought to the November 5, 2012 City Council
meeting for approval. Motion by Braig to receive and file the documents and adopt
Resolution No. 303 -12 Directing the sale of General Obligation Bonds, Series 2012E;
Resolution No. 304 -12 Directing the sale of Taxable General Obligation Bonds, Series
2012F; Resolution No. 305 -12 Directing the sale of General Obligation Urban Renewal
Bonds, Series 2012H; and Resolution No. 306 -12 Directing the sale of Taxable General
Obligation Refunding Bonds, Series 20121. Seconded by Jones. Tim Oswald of Piper -
Jaffrey reviewed the bond sale with the City Council. Motion carried 7 -0.
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General Obligation Refunding Bonds, Series 2012G - Complete Action on Issuance:
City Manager recommending approval of the suggested proceedings to complete the
action required on the recent Series 2012G refunding bond issuance. Motion by Jones
to receive and file the documents and adopt Resolution No. 307 -12 Appointing Wells
Fargo Bank, National Association of Minneapolis, Minnesota, to serve as Paying Agent,
Bond Registrar, and Transfer Agent, approving the Paying Agent and Bond Registrar
and Transfer Agent Agreement and authorizing the execution of the Agreement; and
Resolution No. 308 -12 Authorizing and providing for the issuance of $950,000 General
Obligation Refunding Bonds, Series 2012G, and levying a tax to pay said bonds.
Seconded by Connors. Motion carried 7 -0.
Downtown Housing and Downtown Rehabilitation Loan / Grant Program Incentives:
City Manager recommending approval of updated program guidelines for the City's
downtown economic development incentive programs. Motion by Jones to receive and
file the documents and adopt Resolution No. 309 -12 Amending the guidelines for the
Downtown Housing Incentive, Downtown Rehabilitation Loan, Planning and Design
Grant, Facade Grant and Financial Consultant Grant Program within the Greater
Downtown Urban Renewal District. Seconded by Connors. Motion carried 7 -0.
Sister City - Dornbirn, Austria: Mayor Buol presented the proclamation that officially
designates the City of Dornbirn, Austria, and the City of Dubuque, Iowa, as Sister Cities.
The Mayor and City Clerk Firnstahl updated City Council on their recent delegation visit
to the City of Dornbirn. A newly released video provided by the City of Dorbirn
describing their city was presented.
PUBLIC INPUT
Jacob Long, 4604 Cardinal Drive, expressed his concerns about the less well -off
areas of the city, the City's indebtedness, revenue projections and sources, long -term
public - private partnerships, and utilities monopolies. Mr. Long added that the on -line
version of the City's budget documents are difficult to understand.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:38 p.m. regarding pending
litigation pursuant to Chapter 21.5(1)(c) Code of Iowa. Seconded by Resnick. Motion
carried 7 -0.
Upon motion, the City Council reconvened in open session at 8:49 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:50 p.m.
1t 11/14
/s /Kevin S. Firnstahl, CMC
City Clerk
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