Minutes_City Council Proceedings 7 1 13CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on July 1, 2013 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Pro Tem Connors; Mayor Buol (via telephone); Council Members
Braig, Jones, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl
Mayor Pro Tem Connors 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)
Disabilities Month (June 2013) was accepted by R.R.S. Stewart, Vice Chairperson of
the Human Rights Commission; and Judy Schmidt, Vice Chair of the Iowa Democratic
Party Disabilities Caucus.
PRESENTATION(S)
U.S. Conference of Mayors Climate Protection Award was presented to the City
Council by Assistant City Manager Cindy Steinhauser.
U.S. Conference of Mayors Lead -Safe for Kids' Sake Grant Award was presented to
the City Council by Assistant City Manager Cindy Steinhauser.
National Civic League - 2013 All America City Award was presented to the City
Council by Assistant City Manager Cindy Steinhauser; and Barry Gentry, Senior Vice
President of the Dubuque Area Chamber of Commerce.
Iowa Department of Transportation 2012 Most Improved Transit System Award was
presented to the City Council by ECIA Executive Director Kelly Deutmeyer.
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CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Resnick. Council Member Jones requested ( #9)
Citizen Correspondence - Maus Park be held for separate discussion. Motion carried 7-
0.
Minutes and Reports Submitted: Airport Commission of 5/4, Arts and Cultural Affairs
Advisory Commission of 5/28, City Council proceedings of 6/17, Housing Commission
of 5/28, Housing Code Appeals Board of 9/18/12, Human Rights Commission of 5/13,
Park and Recreation Advisory Commission of 5/14. Upon motion the documents were
received and filed.
Notice of Claims and Suits: Claim by Stephen Collins for vehicle damage and Joan
and Vernon Puls 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: Joan and Vernon Puls for property damage. Upon motion the
documents were received, filed and concurred.
Purchase of Services Agreement - Project Concern Information and Referral
(CDBG): City Manager recommending approval of a Purchase of Service Agreement for
Fiscal Year 2014 with Project Concern, Inc. to help provide financial counseling and
medical services information and referral services to low- and moderate - income
residents of the City of Dubuque. Upon motion the documents were received, filed and
approved.
Sewer Cured -in -Place Pipe (CIPP) Lining Project Award: City Manager
recommending the award of the contract to the low bidder, Visu- Sewer, Inc. Upon
motion the documents were received and filed and Resolution No. 191 -13 Awarding
Public Improvement Contract for FY2013 and FY2014 Sewer Cured -In -Place Pipe
(CIPP) Lining Project was adopted.
Purchase of Services Agreement Opening Doors (CDBG): City Manager
recommending approval of a Purchase of Service Agreement for Fiscal Year 2014 with
Opening Doors for operational costs for Teresa Shelter and Maria House, a transitional
facility. Upon motion the documents were received, filed and approved.
FY 2014 Annual Action Plan Amendment 1: City Manager recommending approval of
the FY2014 Annual Action Plan Amendment 1 for the Community Development Block
Grant (CDBG) program. Upon motion the documents were received and filed and
Resolution No. 192 -13 Approving Fiscal Year 2014 (Program Year 2013) Annual Action
Plan Amendment 1 for Community Development Block Grant (CDBG) Funds was
adopted.
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Chaplain Schmitt Island Master Plan Consultant Selection: City Manager
recommending approval to retain the Cunningham Group as the consultant for the
Chaplain Schmitt Island Master Plan and authorize City staff to negotiate a contract for
services. Upon motion the documents were received, filed and approved.
Citizen Correspondence - Maus Park: Correspondence from Connie Kintzle,
President of the Dubuque County Conservation Society, regarding a restoration of Maus
Park be included in the South Port Project. Motion by Jones to receive and file the
documents. Seconded by Resnick. Bill Kemp of the Dubuque Conservation Society
requested that the City Council consider including renovation of Maus Park in any plans
for the South Port project. Motion carried 7 -0.
Acquisition of Property - 20 W. 18th Street: City Manager recommending approval to
purchase property at 20 West 18th Street owned by Michael J. and Victoria L. Sawvell.
Upon motion the documents were received and filed and Resolution No. 193 -13
Approving the acquisition of real estate owned by Michael J. and Victoria L. Sawvell
was adopted.
Federal Emergency Management Agency (FEMA) - North Catfish Creek: City
Manager transmitting information regarding correspondence from the Federal
Emergency Management Agency (FEMA) advising that the modifications to the flood
plain for a portion of the North Fork of the Catfish Creek, the Federal Insurance Rate
Map (FIRM), and the Federal Insurance Study Report (FISR) now are in effect. Upon
motion the documents were received and filed.
2013 Justice Assistance Grant (JAG) Application: City Manager recommending
approval of the 2013 Justice Assistance Grant (JAG) application from the Edward Byrne
Memorial Assistance Grant program. Upon motion the documents were received, filed
and approved.
State Recreational Trail Grant - MRT Side Trip Grant Application: City Manager
recommending approval of the application for State Recreational Trail grant funds for
the Hales Mill Loop and the resolution authorizing the Mayor to sign and submit the
application for State Recreational Trail grant funds for the Hales Mill Loop. Upon motion
the documents were received and filed and Resolution No. 194 -13 Authorizing State
Recreational Trails Grant Application to Iowa Department of Transportation for
development of Iowa 32 Trail portion of Hales Mill Loop was adopted.
Property Acquisition - 2424 Washington Street: City Manager recommending
approval of the Resolution approving the Offer to Buy Real Estate and Acceptance for
property located at 2424 Washington Street owned by Gene Miller. Upon motion the
documents were received and filed and Resolution No. 195 -13 Approving the
acquisition of real estate owned by Gene Miller in the City of Dubuque was adopted.
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Dubuque County Early Childhood Board: Correspondence from Chairperson Julie
Woodyard inviting a member of the City Council to serve on the Dubuque County Early
Childhood Board. Upon motion the documents were received and filed.
Environmental Protection Agency (EPA): Correspondence from U.S. EPA Region 7
Public Affairs Specialist Debra King submitting a public meeting notice announcing a
proposed plan and public comment periods for the Peoples Natural Gas Superfund site
in the City of Dubuque. Upon motion the documents were received and filed.
Immanuel Congregational United Church of Christ: Correspondence from Emmanuel
Congregational United Church of Christ thanking the City for the permeable paver alley
from 17th to 18th Streets between Jackson and White Streets and inviting the Council to
a Rally in the Alley celebration on July 7, 2013. Upon motion the documents were
received and filed.
Radio Tower Capital Improvement Project: City Manager recommending approval of
an adjustment to the CIP project for the radio tower that will allow the money to be used
to upgrade the current tower instead of moving to a new tower. Upon motion the
documents were received, filed and approved.
City Assessor's Office: City Assessor Rick Engelken transmitting Notices of Appeal
and Petition for property tax appeals filed with the Property Assessment Appeal Board.
Upon motion the documents were received and filed.
Signed Contracts: Walker Restoration Consultants contracts related to repairs in the
Iowa Street and Locust Street parking ramps. Upon motion the documents were
received and filed.
Improvement Contracts and Maintenance Bonds: Tschiggfrie Excavating, Inc., for the
Highway 151/61 Water Main Relocation Project. 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. 196 -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. 197 -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 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.
Dubuque Industrial Center South PCC Paving and Utilities: City Manager
recommending initiation of the bidding process for the Dubuque Industrial Center South
PCC Paving and Utilities — 2013 Project, and further recommend that a public hearing
be set for July 15, 2013. Upon motion the documents were received and filed and
Resolution No. 198 -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 was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on July 15, 2013 in the
Historic Federal Building.
Dove Harbor Development and Lease Agreement: City Manager recommending
authorization of a 30 -day public notice on the competitive disposition of approximately
7.87 acre site Dove Harbor. Upon motion the documents were received and filed and
Resolution No. 199 -13 (1) Approving the minimum requirements, competitive criteria,
and offering procedures for the development and the lease of certain real property and
improvements in the Greater Downtown Urban Renewal District; (2) Determining that
the lease submitted by Gavilon Grain, LLC satisfies the offering requirements with
respect to the real property and improvements and declaring the intent of the City
Council to approve the lease with Gavilon Grain, LLC in the event that no competing
proposals are submitted; and (3) soliciting competing proposals was adopted setting a
public hearing for a meeting to commence at 6:30 p.m. on August 5, 2013 in the Historic
Federal Building.
City Salt Site Development and Lease Agreement: City Manager recommending
authorization of a 30 -day public notice on the competitive disposition of approximately
6.02 acre Salt Site located adjacent to the Peosta Channel. Upon motion the documents
were received and filed and Resolution No. 200 -13 (1) Approving the minimum
requirements, competitive criteria, and offering procedures for the development and the
lease of certain real property and improvements in the Greater Downtown Urban
Renewal District; (2) Determining that the lease submitted by Gavilon Grain, LLC.
satisfies the offering requirements with respect to the real property and improvements
and declaring the intent of the City Council to approve the lease with Gavilon Grain,
LLC. in the event that no competing proposals are submitted; and (3) Soliciting
competing proposals. was adopted setting a public hearing for a meeting to commence
at 6:30 p.m. on August 5, 2013 in the Historic Federal Building.
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BOARDS /COMMISSIONS
Applicants were invited to speak regarding their appointment to the following
board /commission:
Investment Oversight Advisory Commission: One — 3 year terms through July 1, 2016
(expiring term of Ruden). Applicant: Gary Ruden, 325 W 1st Street.
Appointments were made to the following boards /commissions:
Community Development Advisory Commission: One — 3 year term through February
15, 2016 (vacant term of Koshakji). Applicant: Mary Bridget Corken, 2353 Martin Dr.
Motion by Braig to appoint Mary Bridget Corken to the remainder of a 3 -year term
through February 15, 2016. Seconded by Lynch. Motion carried 7 -0.
Historic Preservation Commission (Reconsideration): One — 3 year terms through
July 1, 2016 (expiring terms of McDonell; Jackson Park District). Applicant: Robert M.
McDonell, 135 West 17th St. The application of Benjamin Beard, Churchill St. was
removed in lieu of an application from a Jackson Park Historic District resident
application. Motion by Jones to reconsider and appoint Robert McDonell to a 3 -year
term through July 1, 2016. Seconded by Resnick. Motion carried 7 -0.
Zoning Advisory Commission: One — 3 year term through July 1, 2016 (expiring term
of Norton). Applicant: Patrick Norton, 920 Valentine Dr. Motion by Braig to appoint
Patrick Norton to a 3 -year term through July 1, 2016. Seconded by Resnick. Motion
carried 7 -0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Weaver Castle, LLC — Development Agreement for 346 -348 W. Locust Street: Proof
of publication on notice of public hearing to consider a Development Agreement with
Weaver Castle, LLC to redevelop the property located at 346 -348 West Locust Street
and the City Manager recommending approval. Motion by Lynch to receive and file the
documents and adopt Resolution No. 201 -13 Approval disposal of an interest in real
property owned by the City of Dubuque by sale through a Development Agreement with
Weaver Castle, LLC. Seconded by Jones. Motion carried 7 -0.
Upon motion the rules were reinstated limited discussion to the City Council.
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ACTION ITEMS
30 -Inch Force Main Replacement Project Phase I Award: City Manager
recommending award of the contract for the 30 -Inch Force Main Relocation Project from
7th Street to 12th Street around the former Public Works Garage Site and the Alliant
Energy site to the low bidder, Portzen Construction. Motion by Lynch to receive and file
the documents and adopt Resolution No. 202 -13 Awarding public improvement contract
for the 30 -Inch force Main Relocation Project Phase I from 9th Street to 11th Street.
Seconded by Jones. City Engineer Gus Psihoyos responded to questions regarding the
unknown cost of soil contamination and that some contractors chose not to participate
in the Hazmat training as part of the project bid. Motion carried 7 -0.
Code of Ordinances - Title 8 Human Rights Amendment: City Manager
recommending approval of an amendment to Dubuque Ordinance Section 8 -3A -2,
which deals with defenses, exemptions and exclusions to the disability protections.
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 Braig.
Motion carried 7 -0.
Motion by Jones for final consideration and passage of Ordinance No. 31 -13
Amending City of Dubuque Code of Ordinances Title 8 Human Rights, Chapter 3 Unfair
and Discriminatory Practices, Article A Disability Discrimination, Section 8 -3A -2
Defenses, Exemptions and Exclusions by moving transvestism, transexualism and
gender identity from Criminal Behavior to General Exclusion. Seconded by Braig.
Motion carried 7 -0.
Code of Ordinances - Southwest Arterial Corridor and East/West Corridor Moratorium
Amendments: City Manager recommending adoption of four ordinances, which extend
the moratoriums for construction, rezoning, subdivision review, and site plan approval in
the Southwest Arterial Corridor and the East/West Corridor Study Areas. 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 Resnick. Motion carried
7 -0.
Motion by Lynch for final consideration and passage of Ordinance No. 32 -13
Amending City of Dubuque Code of Ordinances Title 14 Building and Development,
Chapter 2 Building Construction, Demolition and Moving, Section 14 -2 -4 Moratorium for
Construction or Other Work on Certain Streets, Areas or Facilities by Extending The
Moratorium; Ordinance No. 33 -13 Amending City of Dubuque Code of Ordinances Title
16 Unified Development Code, Chapter 9 Zoning Advisory Commission Applications
and Procedures, Section 16 -9 -5 -3 City Council Action by Extending Moratorium;
Ordinance No. 34 -13 Amending City of Dubuque Code of Ordinances Title 16 Unified
Development Code, Chapter 11 Land Subdivision, Section 16 -11 -2 Applicability by
Extending the Moratorium; and Ordinance No. 35 -13 Amending the City of Dubuque
Code of Ordinances Title 16 Unified Development Code, Chapter 13 Site Design
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Standards, Section 16 -13 -2 Applicability by Extending the Moratorium. Seconded by
Braig. Motion carried 7 -0.
Convention and Visitors Bureau Advisory Committee: Correspondence from
President and CEO Keith Rahe requesting two City Council appointments to the
Dubuque Convention and Visitors Bureau Advisory Committee in addition to the
representative already serving on the Board of Directors. Motion by Jones to receive
and file the documents and appoint Council Members Joyce Connors and Lynn Sutton
to the CVB Advisory Committee. Seconded by Braig. Motion carried 7 -0.
Purchase and Installation of Security Cameras: City Manager recommending
approval of purchase and installation of additional security cameras. Motion by Braig to
Receive and file the documents and approve the recommendation. Seconded by Jones.
City Manager Van Milligen, Street and Sewer Maintenance Supervisor John
Klostermann, Traffic Engineer Duane Richter, and Police Chief Mark Da!sing responded
to City Council questions regarding the criteria for choosing locations; cost
effectiveness; impact on incidents; signage; interdepartmental training and use; and the
development of a City policy related to surveillance cameras. Motion carried 7 -0.
COUNCIL MEMBER REPORTS
Council Member Jones remembered the 19 firefighters who died recently in the forest
fires near Prescott, Arizona.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:54 p.m. to discuss pending
litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa.
Seconded by Resnick. Motion carried 7 -0.
Upon motion the City Council reconvened in open session at 8:55 stating that staff
had been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:56 p.m.
1t 7/10
/s /Kevin S. Firnstahl, CMC
City Clerk
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