Minutes_City Council Proceedings 1 22 13CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on January 22, 2013 in
the Historic Federal Building, 350 W. 6t Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick,
Sutton; City Manager Van Milligen (via phone), City Attorney Lindahl, Assistant City
Manager Steinhauser
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.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Resnick. Motion carried 7 -0.
Minutes and Reports Submitted: City Council proceedings of 1/7, Civil Service
Commission of 1/14, Community Development Advisory Commission of 1/2, Historic
Preservation Commission Education Task Force of 1/3, Human Rights Commission of
12/10/12, Safe Community Advisory Committee of 1/9, Sister City Relationships
Advisory Commission of 1/9, Zoning Advisory Commission of 1/3, Zoning Board of
Adjustment of 12/20/12, Proof of publication for City Council proceedings of 12/17/12.
Upon motion the documents were received and filed.
Notice of Claims and Suits: Frank Ahlbach for vehicle damage, Amelia Brimeyer for
personal injury, Richard Curiel Jr. for loss of property, Albert Hoist for personal injury,
Roger Meyer for personal injury, Lisa and Chris Vogt for property damage. Upon motion
the documents were received, filed and referred to the City Attorney.
Disposition of Claims: Frank Ahlbach for vehicle damage; Leroy Benson for vehicle
damage; Amelia Brimeyer for personal injury, Richard Curiel, Jr. for loss of property,
Albert Hoist for personal injury, Roger Meyer for personal injury. Upon motion the
document was received, filed and referred to the City Attorney.
Appeal of Claim by Joseph Healey: Joseph Healey, 2586 Crissy Drive, submitting a
Letter of Appeal regarding denial of his claim against the City from December 7, 2012
for sewer line damage. Upon motion the document was received, filed and referred to
the City Attorney.
Human Rights Commission - Fiscal Year 2012 Annual Report: City Manager
transmitting the Human Rights Commission's Fiscal Year 2012 Annual Report. Upon
motion the documents were received and filed.
Request for Proposals - Chaplain Schmitt Island Master Plan: City Manager
recommending approval of the Request for Proposal and planning process for the
Chaplain Schmitt Island Master Plan. Upon motion the documents were received, filed
and approved.
Public, Educational and Government (PEG) Capital Expenditure Request: City
Manager recommending approval of the Cable TV Commission's request for up to
$50,000 from the Public, Educational, and Government (PEG) Capital Grant on behalf
of the local access community to ensure the on -air playback operations at our four local
access origination sites. Upon motion the documents were received, filed and
approved.
Workers' Compensation Settlement Agreement: City Attorney recommending
approval of an Agreement for Settlement regarding a Workers' Compensation claim that
was filed against the City by Jim Melloy. Upon motion the documents were received,
filed and approved.
Plat of Survey - Wild Rose Place No. 2: Zoning Advisory Commission recommending
approval of the Plat of Survey for Wild Rose Place No. 2 as requested by WMK
Investment Properties, LLC. Upon motion the documents were received and filed and
Resolution No.11 -13 Approving the Plat of Survey of Wild Rose Place No. 2 in Dubuque
County, Iowa, was adopted.
Plat of Survey - 251 -253 W. 17th Street: Zoning Advisory Commission
recommending approving of the Plat of Survey for property located at 251 -253 W. 17th
Street as requested by the City of Dubuque. Upon motion the documents were received
and filed and Resolution No. 12 -13 Approving the Plat of Survey of Lot 1 and Lot 1A of
Dorgan's Subdivision No. 2 in Dubuque, Iowa, was adopted.
Iowa Economic Development Authority - CDBG Contract Amendments:
Correspondence from the Iowa Economic Development Authority advising the City of
Amendment No. 2 to CDBG contract number 008 -DRH -212 (Caradco), which extends
the contract date to March 31, 2013; and transmitting an executed copy of Amendment
No. 3 to CDBG contract number 08- DRIFWP -203 (Watershed Management). Upon
motion the documents were received and filed.
QuadGraphics: Correspondence from Gregg Bolt, Executive Vice President of
Human Resources and Administration for QuadGraphics, informing the City of plans to
restructure certain operations at its facility located at 2470 Kerper Blvd. and the
positions effected. Upon motion the documents were received and filed.
Revitalize Iowa's Sound Economy (RISE) - Grant Application: City Manager
recommending approval of a resolution endorsing a Revitalize Iowa's Sound Economy
(RISE) grant application for a new street to serve approximately 78 acres of new
industrial property located on the former South Siegert Farm. Upon motion the
documents were received and filed and Resolution No. 13 -13 Endorsing the submission
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of a Revitalize Iowa's Sound Economy (RISE) Application to the Iowa Department of
Transportation for the construction of a new street in Dubuque Industrial Center South
was adopted.
Civil Service Commission: Civil Service Commission submitting the certified list for
the position of Police Corporal. Upon motion the documents were received and filed.
Brunskill Street Place No. 1: City Manager recommending acceptance of the public
sanitary sewer improvements that the developer, McDermott Brothers Construction, has
recently completed in Brunskill Street Place No. 1. Upon motion the documents were
received and filed and Resolution No. 14 -13 Accepting Public Improvements in Brunskill
Street Place No. 1 was adopted.
English Ridge Subdivision: City Manager recommending acceptance of the public
improvements, with the exception of the stormwater detention facilities, that the
developer, English Ridge, LLC has recently completed in English Ridge Subdivision.
Upon motion the documents were received and filed and Resolution No. 15 -13
Accepting public improvements in English Ridge Subdivision was adopted.
Loras Estates - Sanitary Sewer and Watermain Improvements: City Manager
recommending acceptance of the sanitary sewer and watermain improvements that the
developers, Ronald L. and Janice M. Smith, have recently completed in Loras Estates.
Upon motion the documents were received and filed and Resolution No. 16 -13
Accepting sanitary sewer and watermain improvements in Loras Estates was adopted.
Harvest View Estates - Vacate of Sanitary Sewer Easement: City Manager
recommending approval of a resolution acknowledging the vacation of the sanitary
sewer easement in Harvest View Estates First Addition. Upon motion the documents
were received and filed and Resolution No. 17 -13 Acknowledging the vacation of a
sanitary sewer easement in Lot 1 of Lot 1 of Lot 1 of the east half of the southwest
quarter of Section 16, T89N, R2E of the Fifth Principal Meridian in the City of Dubuque,
Dubuque County, Iowa, was adopted.
Seippel Road - Dedication of Right -of -Way: City Manager recommending acceptance
of a Quit Claim Deed for Seippel Road right -of -way from JLD Investments, LLC. Upon
motion the documents were received and filed and Resolution No. 18 -13 Accepting a
conveyance of property was adopted.
Stipulation of Settlement - Property Tax Appeal: City Attorney recommending
approval of the Stipulation of Settlement for Kohl's Department Store, 2595 NW Arterial,
property tax protest. Upon motion the documents were received, filed and approved.
Dubuque Jaycees - Veterans' Memorial Park Lease: City Manager recommending
approval of a one -year agreement with the Dubuque Jaycees to operate a community
garden at Veterans' Memorial Park. Upon motion the documents were received, filed
and approved.
North Fork Containment Wall Project: City Manager recommending that the award
for the North Fork Containment Wall Project be officially recorded in the minutes of the
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City Council. Upon motion the documents were received, filed and made a Matter of
Record.
AmeriCorps 2013 -2014 Grant Application: City Manager requesting approval to
submit the 2013 -2014 AmeriCorps grant application. Upon motion the documents were
received, filed and approved.
Jeld -Wen, Inc. - Co- Generation Agreement: City Attorney recommending approval of
a Co- Generation Agreement between the City and Jeld -Wen, Inc. Upon motion the
documents were received, filed and approved.
Alcohol Compliance Civil Penalty for Alcohol License Holders - Beecher Beverage:
City Manager recommending approval of the Acknowledgment /Settlement Agreement
for an alcohol compliance violation for Beecher Beverage, 1691 Asbury Road. Upon
motion the documents were received, filed and approved.
Alcohol Compliance Civil Penalty for Alcohol License Holders - Kwik Star #495: City
Manager recommending approval of the Acknowledgment /Settlement Agreement for an
alcohol compliance violation for Kwik Star #495, 2685 Dodge Street. Upon motion the
documents were received, filed and approved.
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. 19 -13 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. 20 -13
Approving applications for retail cigarette /tobacco sales permits, as required by Iowa
Code 453A.47A 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 Braig. Motion carried 7 -0.
Asbury Tank Reconditioning Project: City Manager recommending initiation of the
bidding process for the Asbury Tank Reconditioning Project and further recommends
that a public hearing be set for February 4, 2013. Upon motion the documents were
received and filed and Resolution No. 21 -13 Preliminary approval of the specifications,
form of contract, and estimated cost; setting date of public hearing on the specifications,
form of contract, and estimated cost; and ordering the advertisement for bids (Asbury
Tank Reconditioning Project) was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on February 4, 2013 in the Historic Federal Building.
Weaver Castle, LLC - Development Agreement: City Manager recommending that
public hearing be set for February 4, 2013, to approve a Development Agreement with
Weaver Castle, LLC to redevelop property located at 407 -409 Loras Boulevard. Upon
motion the documents were received and filed and Resolution No. 22 -13 Fixing the date
for a public hearing of the City Council of the City of Dubuque, Iowa, on the proposed
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issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a
Development Agreement relating thereto with Weaver Castle, LLC, 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 February 4, 2013 in the Historic Federal Building.
BOARDSICOMMISSIONS
Appointments were made to the following Boards /Commission to be made at this
meeting:
Community Development Advisory Commission: Two 3 -Year terms through February
1, 2016 (Expiring terms of Caldwell and Maloy) Applicants: Theresa M. Caldwell, 1633
Elm St.; and Paula Maloy, SVM, 2950 Kaufmann Ave. Motion by Lynch to appoint
Theresa Caldwell and Paula Maloy to 3 -year terms through February 1, 2016.
Seconded by Jones. Motion carried 7 -0.
Safe Community Advisory Committee: Nine 1 -Year terms through December 31,
2013 (Expiring terms of Allen, Bragg, Callahan, Cheatham, Daack, Ernst, Stillings,
Stork, and Welch) Applicants: Anthony Allen, 1725 Delhi St.; Mary Rae Bragg, 350
Kaufmann Ave. Apt 1; Ann Ernst, 899 Mt. Carmel Rd.; Shaunel Evans, 925 Rhomberg
Ave.; Doug Stillings, 1255 Locust St.; Susan Stork, 2115 Golden Eagle Dr.; and
Christopher Welch, 164 Main St. Motion by Connors to appoint all 7 applicants to 1-
year terms through December 31, 2013. Seconded by Jones. Motion carried 7 -0.
Sister City Relationship Advisory Commission: Two 3 -Year Terms through February
1, 2016 (Expiring terms of Phillips and Thurn) Applicants: Betty J. Phillips, 3047 Kane
Ct.; and Louise Thurn, 3037 Kaufmann Ave. Motion by Lynch to appoint Betty Phillips
and Louise Thurn to 3 -year terms through February 1, 2016. Seconded by Braig.
Motion carried 7 -0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Request to Rezone - 900 Seippel Road: Proof of publication on notice of public
hearing to consider a request by Joe and Linda Delaney / JLD Investments, LLC to
rezone property located at 900 Seippel Road (Lot 2 Seippel Road Commercial Park #4)
from CS Commercial Service and Wholesale District with conditions to AG Agricultural
District and the Zoning Advisory Commission recommending approval. Motion by Lynch
to receive and file the documents and that the requirement that a 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 Connors. Planning Services
Manager Laura Carstens provided a staff report. Motion carried 7 -0.
Motion by Lynch for final consideration and passage of Ordinance No. 1 -13
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located at 900 Seippel Road from
CS Commercial Service and Wholesale District, with Conditions, to AG Agricultural
District. Seconded by Braig. Motion carried 7 -0.
Dubuque County Regional Smart Plan: Proof of publication on notice of public
hearing to consider adoption of the Dubuque County Regional Smart Plan and the City
Manager recommending approval. Motion by Jones to receive and file the documents
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including correspondence received from the Long Range Planning Advisory
Commission and adopt Resolution No. 23 -13 Adopting Dubuque County Regional
Smart Plan. Seconded by Resnick. Resnick stated that the entire plan is available for
viewing by the public from the City's web page. Motion carried 7 -0.
Rousselot, Inc. - Development Agreement: Proof of Publication on notice of public
hearing to consider approval of a Development Agreement with Rousselot, Inc., for a
9,000 square -foot expansion to its facility at 2350 Kerper Blvd. and the City Manager
recommending approval. Motion by Lynch to receive and file the documents and adopt
Resolution No. 24 -13 Approving issuance of Urban Renewal Tax Increment Revenue
Obligations and the execution of a Development Agreement relating thereto with
Rousselot, Inc. Seconded by Jones. Motion carried 7 -0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Five Flags Center Annual Report Presentation: Five Flags Center Manager Joyce
White of SMG gave a presentation on the current fiscal year activities and future plans
for the Five Flags Center, which included information on positive budget numbers
since the elimination of revenue from ice events, percentages of usage in the
categories of performing arts, community events, and entertainment; the use of social
media services and marketing assessments; and the web site redesign. Motion by
Jones to receive and file the documents and information. Seconded by Resnick.
Motion carried 7 -0.
Automated Vehicle Location (AVL) System Presentation: Street and Sewer
Maintenance Supervisor John Klostermann gave a slide presentation regarding the City
of Dubuque's Automatic Vehicle Location (AVL) system equipment installed in the
Public Works Department's snow and ice control trucks and heavy equipment, which
allows the City to electronically track its plowing operations. Klostermann described
the new plowing operations map now available on the City's web page that enables
citizens to monitor plowing progress and history through color- coded, user - friendly
mapping connected to the AVL system. Motion by Connors to receive and file the
documents and information. Seconded by Jones. Motion carried 7 -0.
Rainbo Oil Lease Agreement- 16th Street Corridor: City Manager recommending
utilization of the attached proceedings (1) if a competitive proposal is submitted prior to
the posted deadline; or, (2) if no competitive proposal is submitted, recommends
approval of the resolution accepting the proposal submitted by Rainbo Oil Co. DBA
Kwik Stop C- Stores. Motion by Braig to receive and file the documents and adopt
Resolution No. 25 -13 Approving disposal of an interest in real property owned by the
City of Dubuque by lease agreement with Rainbo Oil Co. DBA Kwik Stop C- Stores.
Seconded by Jones. Mayor Buol stated that no proposals had been received.
Responding to questions from the City Council, Economic Development Director Dave
Heiar stated that due to the relationship between Rainbo Oil and Mulgrew Oil, it is
expected that the existing station will service truck traffic and the new station will
service standard vehicles. Motion carried 7 -0.
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Warehouse Redevelopment, LLC - Parking Agreement Amendment: City Manager
recommending approval of the First Amendment to Purchase Agreement (Offer to Buy
and Acceptance) between the City of Dubuque and Warehouse Redevelopment, LLC
related to parking for the Caradco Project. Motion by Connors to receive and file the
documents and adopt Resolution No. 26 -13 Approving the First Amendment to an
agreement for the purchase of real estate In the Historic Millwork District, City of
Dubuque, Iowa, commonly referred to as the Alamo Site (Foundry Building Area) from
Warehouse Redevelopment, LLC. Seconded by Jones. Responding to questions from
the City Council, Economic Development Director Dave Heiar stated that the surface
parking lot will remain until details regarding the use of the new facility can be clarified
with the Federal Transit Administration at an upcoming meeting in February. Motion
carried 7 -0.
Request for Proposals - Indoor Aquatic Center Study: City Manager recommending
approval of a Request for Proposal for an Indoor Aquatic Center Study. Motion by
Jones to receive and file the documents and approve the recommendation. Seconded
by Connors. Motion carried 7 -0.
Smarter Sustainable Dubuque Pilot Project on Smarter Discards: City Manager
recommending approval of a Joint Development Agreement with IBM to test a Proof of
Concept related to developing an Intelligent Discard Management module as part of
IBM's Smarter City suite of software services. Motion by Connors to receive and file the
documents and approve the recommendation. Seconded by Braig. Responding to
questions from the City Council, Resource Management Coordinator Paul Schultz
stated that this action approves the development agreement and that information
regarding the budget detail will come to the Council at a future meeting. He added that
there funding is available and that hardware purchases will remain property of the
City. Motion carried 7 -0.
Fiscal Year 2014 Budget Policy Guidelines: City Manager recommending adoption of
the Fiscal Year 2014 Budget Guidelines. Motion by Braig to receive and file the
documents and approve the FY 2014 Budget Policy Guidelines. Seconded by
Connors. Responding to questions from the City Council, City Manager Van Milligen
discussed the reasoning behind excluding a property tax rate figure due to the impact
of a number of components that cannot be determined at this time, such as the
Federal Affordable Care Act, Municipal Fire and Police Retirement pensions, and new
laws governing Tax Increment Financing. Motion carried 7 -0
Every Child / Every Promise: City Manager recommending setting a work session for
March 4, 2013 at 5:30 p.m. regarding the progress made on Every Child / Every
Promise objectives as requested by the Community Foundation of Greater Dubuque.
Motion by Jones to receive and file the document and set the work session as
recommended. Seconded by Braig. Motion carried 7 -0.
COUNCIL MEMBER REPORTS
Mayor Buol reported on his attendance at the recent U.S. Conference of Mayors in
Washington D.C. stating that cities across the nation are dealing with a multitude of
issues including infrastructure, educated workforce and low graduation rates,
sustainability, and specifically gun violence perspectives. Buol also noted that
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Indianapolis, Indiana, received a sustainability award for completely converting its
city's fleet from oil -based fuel.
Council Member Braig reported on grass roots -level discussions on violence
organized by the Sisters of St. Francis at Mt. Carmel. The next meeting will be held
on February 3, 2013 at St. Mark Community Center.
Council Member Connors reported on her visit with Senator Pam Jochum at the
last Cracker Barrel discussion and encouraged attendance at future discussion,
which are held monthly. The next Cracker Barrel will be held on February 2, 2013 at
the Diamond Jo Casino and the topic is expected to be property tax changes.
PUBLIC INPUT
Jeff Lenhart, 1711 Clarke Drive, addressed the City Council about an event on the
evening of February 22, 2013 at the Diamond Jo Casino where author Will Bowen will
discuss his book "A Complaint Free World."
There being no further business, upon motion the City Council adjourned at 8:05
p.m.
/s /Kevin S. Firnstahl, CMC
City Clerk
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