Minutes_City Council Proceedings 3 4 13CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:30 p.m. on March 4, 2013 in
the Historic Federal Building, 350 W. 6t Street.
Present: Mayor Pro Tem Lynch; Council Members Braig, Connors, Jones, Resnick,
Sutton; City Manager Van Milligen, City Attorney Lindahl
Absent: Mayor Buol
Mayor Pro Tem Lynch read the call and stated this is a special session of the City
Council called for the purpose of conducting a work session on the Every Child / Every
Promise program.
WORK SESSION
Every Child / Every Promise
Presentation on the activities and successes of the Every Child / Every Promise
program by Eric Dregne, Vice President of Programs for the Community Foundation of
Greater Dubuque; Stan Reingans, Superintendent of Schools, Lynn Devaney, Associate
Superintendent of Schools, Troy Rabbett, Development and Marketing Director for St.
Mark Community Center, Shirley Hoertsman, Director of Student Services for Dubuque
Schools; and Marie Ware, Leisure Services Manager. Topics included:
• Vision / Mission
• Five Promises: healthy start, effective education, caring adults, safe places,
opportunities to serve
• Current Objectives
• Successes
• Leadership Enrichment After - School Programs (LEAP)
• St. Mark Community Center:
o history & background,
o school year educational programs
o high- impact partnerships
o school readiness
o school attendance
o summer learning
o out -of- school time
o Summer Academy Pilot
o Partnerships
• Campaign for Grade -Level Reading
There being no further business, upon motion the City Council adjourned at 6:26 p.m.
Kevin S. Firnstahl, CMC
City Clerk
1t 3/13
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on March 4, 2013 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Pro Tem Lynch; Council Members Braig, Connors, Jones, Resnick,
Sutton; City Manager Van Milligen, City Attorney Lindahl
Absent: Mayor Buol
Mayor Pro Tem Lynch 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.
PROCLAMATION(S)
Mason's Child Identification Day (March 9, 2013) was accepted by Chris Stechman of
the Dubuque Masons, 1155 Locust St.
(POST Month (March 2013) was accepted by Diane Asmussen of the Finley Hospital
350 N Grandview Ave.
CONSENT ITEMS
Motion by Connors to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Jones. Motion carried 6 -0.
Minutes and Reports Submitted: City Council Proceedings of 2/18, 2/21, 2/25, 2/26,
and 2/27; Civil Service Commission of 2/13; Historic Preservation Commission of 2/20,
Human Rights Commission of 1/14, Long Range Planning Advisory Commission of
2/20; Proof of Publication for City Council Proceedings of 2/4 and 2/5; Proof of
Publication for List of Claims and Summary of Revenues for Month Ending 1/31/13.
Upon motion the documents were received and filed.
Notice of Claims and Suits: Bobbie Bisdorf -Jost 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: Bobbie Bisdorf -Jost for vehicle damage. Upon motion the documents
were received, filed and concurred.
Sustainable Dubuque Project Status Update: City Manager transmitting the
Sustainable Dubuque Project Status Update for January 2013. Upon motion the
documents were received and filed.
5 Points Traffic Reconstruction - Project Acceptance: City Manager recommending
acceptance of the construction contract for the 5 Points Traffic Signal Reconstruction
Project, as completed by Portzen Construction. Upon motion the documents were
received and filed and Resolution No. 67 -13 Accepting the 5 Points Traffic Signal
Reconstruction Project and authorizing the payment of the contract amount to the
contractor was adopted.
Manson Road Emergency Watermain and Bridge Repair - Project Acceptance: City
Manager recommending acceptance of the construction contract for the Manson Road
Bridge and Watermain Emergency Repair Project, as completed by Taylor Construction.
Upon motion the documents were received and filed and Resolution No. 68 -13
Accepting the Manson Road Bridge and Water Main Emergency Repair Project and
authorizing the payment of the contract amount to the contractor was adopted.
US 151/61 Capacity Improvements - Project Acceptance: City Manager
recommending acceptance of the construction contract for the US 151 -61 Capacity
Improvements Project, as completed by Tschiggfrie Excavating. Upon motion the
documents were received and filed and Resolution No. 69 -13 Accepting the US 151 -61
Capacity Improvements Project, Iowa DOT Project No. STP -A- 061 - 8(128)22 -31 and
authorizing the payment of the contract amount to the contractor was adopted.
Washington Street Parking Lot - Project Acceptance: City Manager recommending
acceptance of the construction contract for the Washington Street Parking Lot Project,
as completed by McDermott Excavating, Inc. Upon motion the documents were
received and filed and Resolution No. 70 -13 Accepting the Washington Street Parking
Lot Project and authorizing the payment of the contract amount to the contractor was
adopted.
Tschiggfrie Excavating Company Claim: Correspondence from O'Connor & Thomas
Law Firm on behalf of Tschiggfrie Excavating Company objecting to release of retained
funds for materials and labor related to the Water & Pollution Control Plant Modifications
Project. Upon motion the documents were received, filed and referred to the City
Manager.
The Jule - Consolidated Funding Authorizing Resolution: City Manager
recommending approval and signature on the Authorizing Resolution for The Jule's FY
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2014 Consolidated Funding. Upon motion the documents were received, filed and
approved.
Collective Bargaining Agreement Amendment - Teamsters Local No. 120: City
Manager recommending approval of an amendment to the Collective Bargaining
Agreement with the Teamsters Union to provide for a work week that consists of ten
hours per day and four days per week effective April 22, 2013 through September 27,
2013 for the Maintenanceworker, Airfield Maintenanceworkers and Mechanic assigned
to the Airport. Upon motion the documents were received, filed and approved.
Request for Proposals - Catfish Creek Watershed Management Plan: City Manager
recommending approval of the Request for Proposals (RFP) for consulting services to
prepare the Catfish Creek Watershed Management Plan. Upon motion the documents
were received, filed and approved.
Purchase of Property - 735 Caledonia Place: City Manager requesting authorization
to sign the Offer to Buy Real Estate and Acceptance Agreement for 735 Caledonia
Place. Upon motion the documents were received, filed and approved.
Consent Decree Semi - Annual Report: City Manager recommending approval to
certify the March 31st Semi Annual Consent Decree Report to be submitted to the U.S.
Department of Justice, U.S. EPA and the Iowa Department of Natural Resources. Upon
motion the documents were received, filed and approved.
Certified Local Government (CLG) - 2012 Annual Report: City Manager transmitting
the 2012 Certified Local Government (CLG) Annual Report. Upon motion the
documents were received and filed.
Civil Service Commission: Civil Service Commission submitting the certified lists for
the positions of Purchasing Coordinator and Traffic Engineer. Upon motion the
documents were received, filed and made a Matter of Record.
Actuarial Valuation of Post - Employment Benefit Plans: City Manager recommending
that the SilverStone Group be selected to conduct the GASB -45 actuarial valuation for
2013. Upon motion the documents were received, filed and approved.
IDOT Local Road Detour Agreement - 30 -Inch Force Main Project: City Manager
recommending authorization for the Mayor to execute an agreement with the Iowa
Department of Transportation for the use of local roads as an authorized detour route
for the Phase I - 30 -inch Force Main Relocation Project from 7th to 12th Streets. Upon
motion the documents were received and filed and Resolution No. 71 -13 Approving the
Iowa Department of Transportation Agreement for use of local agency roads as detours
for Phase I - 30 Inch Force Main Relocation Project from 7th to 12th Streets was
adopted.
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Healthy Homes and Lead -Based Hazard Control - Quarterly Progress Reports:
Correspondence from the U.S. Department of Housing and Urban Development (HUD)
informing the City that its Healthy Homes Demonstration Work Plan has achieved an
overall performance rating of 100 out of 100 and has received a Green Designation and
that the Lead -Based Hazard Control Grant Work Plan has achieved an overall
performance rating of 100 out of 100. Upon motion the documents were received and
filed.
Sisters of St. Francis: Correspondence from the Sisters of St. Francis thanking the
City of Dubuque for its support of Mayors for Peace and nuclear weapons abolition by
2020. Upon motion the documents were received and filed.
Alcohol Compliance Civil Penalty for Alcohol License Holders - Clark Gas Station:
City Manager recommending approval of the Acknowledgment /Settlement Agreement
for an alcohol compliance violation for Clark Gas Station, 700 Rhomberg Avenue. Upon
motion the documents were received, filed and approved.
Tobacco Compliance - Civil Penalty for Tobacco License Holders - Clark Petroleum:
City Manager recommending approval of the Acknowledgement /Settlement Agreement
for a tobacco compliance violation for Clark Petroleum, 700 Rhomberg Avenue. Upon
motion the documents were received, filed and approved.
Alcohol Compliance Civil Penalty for Alcohol License Holders - Dubuque Quick Stop
Mart: City Manager recommending approval of the Acknowledgment /Settlement
Agreement for an alcohol compliance violation for Dubuque Quick Stop Mart, 1401
Central Avenue. Upon motion the documents were received, filed and approved.
Tobacco Compliance - Civil Penalty for Tobacco License Holders - Dubuque Quick
Stop Mart: City Manager recommending approval of the Acknowledgement /Settlement
Agreement for a tobacco compliance violation for Dubuque Quick Stop Mart, 1401
Central Avenue. Upon motion the documents were received, filed and approved.
Alcohol Compliance Civil Penalty for Alcohol License Holders - Eagles Club: City
Manager recommending approval of the Acknowledgment /Settlement Agreement for an
alcohol compliance violation for the Eagles Club, 1175 Century Drive. 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 as submitted. Upon motion the
documents were received and filed and Resolution No. 72 -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. 73 -13 Approving applications
for retail cigarette /tobacco sales permits, as required by Iowa Code 453A.47A were
adopted.
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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 6 -0.
Petition to Vacate - Portion of University Avenue Extension: City Manager
recommending that a public hearing be set for March 18, 2013 to consider a request
from Douglas Dotter, Dubuque Mattress, Inc., to vacate a portion of University Avenue
Extension adjacent to Iowa Auto Glass at 2796 University Avenue. Upon motion the
documents were received and filed and Resolution No. 74 -13 Resolution of Intent to
vacate and dispose of City interest in Lot 2A University Avenue Extension Place in the
City of Dubuque, Iowa; and Resolution No. 75 -13 Approving a Plat of the proposed
vacating of a portion of University Avenue Extension Right -of -Way were adopted setting
a public hearing for a meeting to commence at 6:30 p.m. on March 18, 2013 in the
Historic Federal Building.
Petition to Vacate - Sanitary Sewer Easement at University Extension Place: City
Manager recommending that a public hearing be set for March 18, 2013 to consider a
request by Douglas Dotter of Dubuque Mattress, Inc. to consider the vacation of a
sanitary sewer easement in Lot 2 University Extension Place. Upon motion the
documents were received and filed and Resolution No. 76 -13 Resolution of Intent to
dispose of city interest and vacate a Sanitary Sewer Easement over Lot 2 University
Extension Place 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 March 18, 2013 in the
Historic Federal Building.
SEP Green Alley Permeable Pavers Project - Loras Boulevard and Arlington Streets
from Prairie Street to Dell Street: City Manager recommending initiation of the public
bidding procedure for the SEP Green Alley Permeable Pavers Project between Loras
Boulevard and Arlington Streets from Prairie Street to Dell Street, and further
recommends that a public hearing be set for March 18, 2013. Upon motion the
documents were received and filed and Resolution No. 77 -13 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 SEP Green Alley Permeable Paver Project (Between Loras
Boulevard and Arlington Streets from Prairie Street to Dell Street.) was adopted setting
a public hearing for a meeting to commence at 6:30 p.m. on March 18, 2013 in the
Historic Federal Building
30 -Inch Force Main Project (Phase I - 9th - 11th Streets): City Manager
recommending initiation of the bidding process for Phase I (9th Street to 11th Streets) of
the 30 -Inch Force Main Relocation Project and the water main on Elm Street from 9th to
11th, and further recommends that a public hearing be set for March 18, 2013. Upon
motion the documents were received and filed and Resolution No. 78 -13 Preliminary
approval of plans, specifications, form of contract, and estimated cost; setting date of
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public hearing on plans, specifications, form of contract, and estimated cost; and
ordering the advertisement for bids (Phase I of the 30 Inch Force Main Relocation
Project From 9th Street to 11th Street) was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on March 18, 2013 in the Historic Federal Building.
Wilmac Property Company - Linseed Oil Paintworks Building: City Manager
recommending that a public hearing be set a for March 18, 2013 to consider entering
into a Development Agreement for the property located at 151 East 9th Street (Corner
of 9th and Jackson). Upon motion the documents were received and filed and
Resolution No. 79 -13 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 Wilmac Property Company, 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 March 18,
2013 in the Historic Federal Building.
BOARDS /COMMISSIONS
Appointments were made to the following Board:
Mechanical Code Board: Two 3 -Year terms through March 16, 2016 (Expiring terms
of Billmeyer and Papin). Applicants: Ronald Billmeyer, 2375 Theda; Paul Papin, 2955
Jackson St. Motion by Braig to appoint Ronald Billmeyer and Paul Papin to 3 -year terms
through March 16, 2016. Seconded by Jones. Motion carried 6 -0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Petition to Vacate - Portion of Old Highway Road: Proof of publication on notice of
public hearing to consider disposal of a portion of Old Highway Road at the intersection
of Radford Road for the National Guard Readiness Center and the City Manager
recommending approval. Motion by Connors to receive and file the documents and
adopt Resolution No. 80 -13 Disposing of City Interest In Lot 2 -1 -A Of The SE 1/4 - SW 1/4
Section 29, T89N, R2E, 5th P.M. in the City of Dubuque, Dubuque County, Iowa; and
Resolution 81 -13 Vacating a portion of Old Highway Road near Radford Road in the
City of Dubuque, Iowa, were adopted.
ACTION ITEMS
Greater Dubuque Development Corporation - Quarterly Update: President and CEO
Rick Dickinson presented the quarterly update on the activities of the Greater Dubuque
Development Corporation. Topics included Business retention and expansion, and
workforce solutions. Motion by Jones to receive and file the information. Seconded by
Resnick. Motion carried 6 -0.
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Park & Recreation Commission - Pets in Parks Recommendation: Park & Recreation
Commission submitting its recommendations regarding pets in city parks and on trails.
by amending City of Dubuque Code of Ordinances Title 10 Public Ways and Property,
Chapter 5 Parks and Recreation By Adding Definitions Relating to Animals; Restricting
Horsedrawn Vehicles; Permitting Dogs, Cats, and Domesticated Animals in Certain
Parks, Open Spaces, and Trails Subject to Conditions; Establishing Leash and Waste
Clean -Up Requirements; Prohibiting Animals Running At -Large Within Parks, Open
Spaces, or Trails; Permitting the Exercising of Dogs off Leash in Certain Areas; and
Revising Park, Open Spaces and Trail Descriptions.
City Council discussion included conversation about child safety, health concerns,
enforcement, compromises, possible monitoring for future revision, and acknowledging
the Commission's work and research.
Motion by Jones to consider the first reading of the proposed ordinance. Seconded
by Braig. Motion failed 5 -1 with Braig voting yay.
Code of Ordinances - Pawn /Secondhand Dealers & Junk /Salvage Operators
Amendment: City Manager recommending adoption of the revised ordinance regarding
Pawn /Secondhand Dealers and Junk /Salvage Operators. Police Chief Mark Da!sing
and Assistant City Attorney Crenna Brumwell provided a brief presentation that provided
background information about the process and public input used in the amendment
process. Motion by Connors 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
Resnick. Motion carried 6 -0.
Motion by Connors for final consideration and passage of Ordinance No. 14 -13
Amending City of Dubuque Code of Ordinances Title 4 Business and License
Regulations by repealing Chapter 6 Junk and Secondhand Dealers and adopting a new
Chapter 6 Pawnbrokers and Secondhand Dealers; Junk and Autosalvage Dealers in
lieu thereof. Seconded by Resnick. Motion carried 6 -0.
Parking Lot Request - 156 Main Street: City Manager recommending approval of a
request from Platinum Supplemental Insurance, Inc. to construct a new surface off -
street parking lot at 156 Main Street in the Old Main Historic District. Motion by Braig to
receive and file the documents and approve the recommendation. Seconded by
Connors. Motion carried 5 -1 with Jones voting nay.
Code of Ordinances - Electric Transmission Line Company Licensing: City Manager
recommending approval of an Electric Transmission Line Company Licensing
Ordinance. Motion by Jones 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. Motion carried 6 -0.
Motion by Jones for final consideration and passage of Ordinance No. 15 -13
Establishing the procedure for licensing electric transmission line companies. Seconded
by Connors. Motion carried 6 -0.
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Code or Ordinances - Solicitor's License: City Manager recommending adoption of a
new Title 4, Chapter 5, Solicitor's License, that combines the existing Title 4, Chapter 5,
Door to Door Sales and Title 4, Chapter 9, Peddlers and Transient Merchants. Motion
by Braig 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 Resnick. Motion carried
6 -0.
Motion by Braig for final consideration and passage of Ordinance No. 16 -13
Amending City of Dubuque Code of Ordinances Title 4 Business and License
Regulations by repealing Chapter 5 Door to Door Sales and Chapter 9 Peddlers and
Transient Merchants and adopting a new Chapter 5 Solicitor's License in lieu thereof.
Seconded by Jones. Motion carried 6 -0.
PUBLIC INPUT
Jeff Lenhart, 1711 Clarke Drive, provided an update on the recent Complaint Free
Dubuque event noting that it drew 400 people and raised $3,500 for the Dubuque
Rescue Mission.
Rich Misky, 3199 Sheridan Rd. commented on his concerns over the city's debt
issuance, repayment, and property tax increase.
There being no further business, upon motion the City Council adjourned at 7:56 p.m.
1t 3/13
/s /Kevin S. Firnstahl, CMC
City Clerk
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