Minutes_City Council Proceedings 8 19 13CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:00 p.m. on August 19, 2013
2013 in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Pro Tem Connors, Mayor Buol (joined at 5:10 p.m.); 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 special session of the City
Council called for the purpose of conducting a work session on Sustainable Dubuque.
WORK SESSION
Sustainable Dubuque
Sustainability Coordinator Cori Burbach with a review of the agenda and introduced
presenters: Chris Kohlmann, Information Services Manage for the City of Dubuque;
Kelsey McElroy, Economic Development & Sustainability Coordinator for ECIA; and
Maddie Cairney, Family Self Sufficiency Coordinator for the City of Dubuque who
presented on the following topics:
• State of Sustainability
o Project history and timelines
o Critical role of partnerships
• Economic Prosperity
o Creating Green Jobs, expanding markets, saving money
o Smarter Resource Management
o Smarter Sustainable Dubuque: Smarter Health and Wellness Pre - Pilot,
Smarter Discards
o Petal Project: Water Conservation, Waste Reduction, Energy
Conservation, Community Education
• Environmental Integrity
o 50% by 2030 Climate Action Plan
o Catfish Creek Watershed Management Authority
• Social /Cultural Vibrancy
o Circles Initiative & Family Self- Sufficiency Program
o Reasonable Mobility
• Community Engagement & Leadership
o Community Grants Program
o Community- Created Initiatives
• Community Leader Case Studies
o Judy Giesen, Resurrection Parish: zero -waste festival
o Rob Williams, Dubuque Bike Coop: Health and wellness bicycle recycling
program
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o Ashley Neisis; Washington Neighborhood community garden initiatives
• Sustainable Dubuque Pilot Assistance: Casey Muhm, Director of Sustainable
Innovation for the Greater Dubuque Development Corp.
• Sustainable Dubuque as a National Brand: Awards and Recognitions
• Growing Sustainable Communities Conference, September 24 -25, 2013.
There being no further business upon motion the City Council adjourned at 6:26 p.m.
1 t 8/28
/s /Kevin S. Firnstahl, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on August 19, 2013
2013 in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick,
Sutton; City Manager Van Milligen
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting such business that may properly come before the City
Council.
PLEDGE OF ALLEGIANCE
PROCLAMATION(S)
Irish Hooley Day (August 24, 2013) was accepted by event coordinator Michael
Lange, 563 W. 11th Street;
Welcome College Students Week (August 19 -25, 2013) was accepted by Rick
Dickinson, Greater Dubuque Development Corporation, 300 Main Street;
50th Anniversary of the March on Washington for Jobs and Freedom (August 28,
2013) was accepted by Mary Sawyer and Judy Schmidt of the Day of Peace Committee
and Human Rights Commissioner Anthony Allen;
Geek the Library Month (September 2013) was accepted by Library Director Susan
Henricks.
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: Cable TV Commission of 6/5; City Council
proceedings of 8/5; Community Development Advisory Commission (revised) of 7/17;
Park and Recreation Commission (revised) of 6/25; Zoning Advisory Commission of 8/7;
Proof of Publication for City Council Proceedings of 7/15 and 7/30; Proof of Publication
for List of Claims /Summary of Revenues for month ending 6/30/13. Upon motion the
documents were received and filed.
Notice of Claims and Suits: Brian Arbuckle for property damage; DeLos Bohnsock for
property damage; Diane Unsen for vehicle damage. Upon motion the documents were
received and 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
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Assurance Pool: Brian Arbuckle for property damage; Delos Bohnsock for property
damage; Diane Unsen for vehicle damage. Upon motion the documents were received,
filed and concurred.
Parking License Agreement with Hillcrest Family Services: City Manager
recommending approval of a one -year Parking License Agreement with Hillcrest Family
Services, Inc. for 30 parking spaces in the Wilbright Lane parking lot in Flora Park.
Upon motion the documents were received, filed and approved.
SEP Green Alley Project Acceptance (Jackson and Washington Streets from 16th to
17th and Between Jackson and White Streets from 17th to 18th): City Manager
recommending acceptance of the SEP Green Alley Permeable Pavers Project —
Between Jackson and Washington Streets from 16th to 17th and between Jackson and
White Streets from 17th to 18th, as completed by Drew Cook and Sons Excavating, Inc.
Upon motion the documents were received and filed and Resolution No. 263 -13
Accepting the SEP Green Alley Permeable Pavers Project — Between Jackson &
Washington Streets from 16th to 17th and between Jackson & White Streets from 17th
to 18th and authorizing the payment of the contract amount to the contractor was
adopted.
SEP Green Alley Permeable Pavers Project Acceptance (Between Loras Boulevard
and Arlington Streets from Prairie Street to Dell Street): City Manager recommending
acceptance of the SEP Green Alley Permeable Pavers Project — Between Loras
Boulevard and Arlington Streets from Prairie Street to Dell Street, as completed by
Portzen Construction, Inc. Upon motion the documents were received and filed and
Resolution No. 264 -13 Accepting the SEP Green Alley Permeable Pavers Project —
between Loras Boulevard and Arlington Street from Prairie Street to Dell Street and
authorizing the payment of the contract amount to the contractor was adopted.
Iowa and Locust Parking Ramps Restoration Project - Bid Rejection: City Manager
recommending rejection of all bids for the Iowa and Locust Parking Ramps Repair
Project and to rebid the project under a different format at a later time. Upon motion the
documents were received and filed and Resolution No. 265 -13 Rejecting public
improvement - Iowa and Locust Street Parking Ramp Restoration Project Bid Package
#1; and Resolution No. 266 -13 Rejecting public improvement - Iowa and Locust Street
Parking Ramp Restoration Project Bid Package #2 were adopted.
Acquisition Plat for Right -of -Way at Kerper Blvd. and 16th Street: City Manager
recommending approval of the Acquisition Plat of Lot C of Bee Branch Subdivision No.
2 in the City of Dubuque, Iowa, which provides additional right -of -way for Kerper
Boulevard at the intersection of East 16th Street. Upon motion the documents were
received and filed and Resolution No. 267 -13 Approving the Acquisition Plat of Lot C of
Bee Branch Subdivision No. 2 in the City of Dubuque, Iowa, was adopted.
PEG Capital Expenditure Request: City Manager recommending approval of the
Cable TV Commission recommendations for funding from the Public, Educational, and
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Government (PEG) Capital Grant for Access Equipment and Facilities for Loras College
to purchase four HD cameras with which to produce programming for the shared
educational access channel. Upon motion the documents were received, filed and
approved.
2014 CLG Grant - Old Town Neighborhood National Register of Historic Places
Nomination: City Manager recommending approval of a Certified Local Government
(CLG) grant application to assist with preparing a National Register of Historic Places
nomination for the Old Town Neighborhood, located in the Washington Neighborhood.
Upon motion the documents were received and filed and Resolution No. 268 -13
Authorizing a CLG grant application to the State Historical Society of Iowa to prepare
the Old Town Neighborhood National Register of Historical Places nomination was
adopted.
Request for Qualifications - Project Management for Brownfields Assessment
Cooperative Agreement Project: City Manager recommending approval of the issuance
of a Request for Qualifications for project management and planning services for a
Brownfields Assessment Cooperative Agreement Project. Upon motion the documents
were received, filed and approved.
City of Dubuque and the Dubuque County Board of Health Interagency Agreement:
City Manager recommending execution of an Interagency Agreement between the City
of Dubuque and the Dubuque County Board of Health for inspection of pools and spas,
tattoo parlors and tanning facilities in Dubuque County. Upon motion the documents
were received, filed and approved.
Housing Trust Fund Committee/ Community Development Advisory Commission:
Communication from Housing Commission Chairperson Jim Holz requesting Council
approval to appoint Commissioners Ricardo Woods and Dorothy Schwendinger to the
Community Development Advisory Commission and the Housing Trust Fund Committee
respectively. Upon motion the document was received, filed and approved.
Alcohol Compliance Civil Penalty for Alcohol License Holders — Ron's Discount
Smokes & Beverage Center: City Manager recommending approval of the
Acknowledgment /Settlement Agreement for an alcohol compliance violation for Ron's
Discount Smokes & Beverage Center at 1450 Loras Blvd. Upon motion the documents
were received, filed and approved.
Tobacco Compliance — Civil Penalty for Tobacco License Holders — Ron's Discount
Smokes & Beverage Center: City Manager recommending approval of the
Acknowledgement /Settlement Agreement for a tobacco compliance violation for Ron's
Discount Smokes and Beverage Center at 1450 Loras Blvd. Upon motion the
documents were received, filed and approved.
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Health Innovation Grant Program Round 2 - Live Well, Dubuque Proposal: City
Manager recommending that the City submit a Live Well, Dubuque Federal grant
application. Upon motion the documents were received, filed and approved.
Signed Contracts: R &W Restoration Change Order No. 001 for the City Hall Masonry
Rehabilitation (Tuck Pointing) Project. Upon motion the documents were received and
filed.
Improvement Contracts and Maintenance Bonds: Ted Stackis Construction for
deconstruction of 20 W. 18th Street property. 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. 269 -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 was 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 Connors. Motion carried 7 -0.
Fiscal Year 2014 Budget Amendment No 1.: City Manager recommending that a
public hearing be set for September 3, 2013 for Fiscal Year 2014 Budget Amendment
No. 1. Upon motion the documents were received and filed and Resolution No. 270 -13
Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2014
Budget for the City of Dubuque was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on September 3, 2013 in the Historic Federal Building.
Water & Resource Recovery Center Catfish Station Electrical Repairs FEMA: City
Manager recommending initiation of the bidding process for the Catfish Station
Electrical Repairs FEMA Project and further recommends that a public hearing be set
for September 16, 2013. Upon motion the documents were received and filed and
Resolution No. 271 -13 (1) 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 (2) rescinding
Resolution No. 234 -13 was adopted setting a public hearing for a meeting to commence
at 6:30 p.m. on September 16, 2013 in the Historic Federal Building.
BOARDS /COMMISSIONS
Appointments were made to the following boards /commissions:
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Housing Trust Fund Advisory Committee: One 3 -year term through September 8,
2016 (Expiring term of Walsh). Applicant: John Walsh, 3116 Spring Valley Rd. Motion
by Braig to appoint John Walsh to a 3 -year term through September 8, 2016. Seconded
by Connors. Motion carried 7 -0.
Transit Advisory Board: One 3 -year term through July 30, 2016 (Expiring term of
Knight). Applicant: Rhonda Knight, 250 West 6th St. Motion by Connors to appoint
Rhonda Knight to a 3 -year term through July 30, 2016. Seconded by Braig. Motion
carried 7 -0.
Zoning Board of Adjustment: One 5 -year term through March 25, 2018 (At -Will term
of Klauer). Applicant: Jonathan McCoy, 263 Main St. Motion by Braig to appoint
Jonathan McCoy to a 5 -year term through March 25, 2018. Seconded by Connors.
Motion carried 7 -0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Code of Ordinances Title 16 Unified Development Code Amendment - Home -Base
Businesses: Proof of publication on notice of public hearing to consider a request by
Beverly Knockel to amend Section 7 -1.3 of the City of Dubuque's Unified Development
Code to add firearm sales to the list of prohibited home -based businesses and the
Zoning Advisory Commission recommending approval. 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 16 Unified Development Code,
Chapter 7 Supplemental Use Regulations Section 7 -1.3 Prohibited Home -Based
Business Uses to add firearm sales as a prohibited home -based business. Seconded by
Jones. Motion carried 5 -2 with Lynch and Resnick voting nay.
Assistant Planner Kyle Kritz and Zoning Advisory Commission Chair Charlie Miller
provide a staff report and responded to questions from the City Council.
Beverly Knockel, 910 Hawkeye Drive; Mary Sutter, 882 Stone Ridge; Diane & Kevin
Koch, 285 So. Grandview Ave.; Suzanne Dobbs, 3745 Buckeye Court; Burton Everist,
2677 Knob Hill Drive; and Patricia Anderson, 970 Hawkeye Drive spoke in favor of the
amendment.
John Kemps, 747 Kaufmann Avenue; Jacob Long, 4604 Cardinal Drive; Jennifer
Smith, 7804 Trail Edge Drive; Ron Hickson Street, 2608 Rosewood Street; Dan
McNamer, 1867 Phyllrich Drive; Will Johnson, 2090 Key Largo Drive; Bob Renne, 1950
Avalon Road; Daryl Klein, 20757 Klein Lane, Durango; Joel Pusateri, 3530 Hillcrest
Road; and John Psaros, 2211 Rhomberg Ave. spoke in opposition to the amendment.
Weaver Castle, LLC Development Agreement for 346 -348 W. Locust Street: Proof of
publication on notice of public hearing to consider approval of a development
agreement with Weaver Castle, LLC to redevelop the property located at 346 -348 W.
Locust Street and the City Manager recommending approval. Motion by Jones to
receive and file the documents and adopt Resolution No. 272 -13 Approving the disposal
of an interest in real property owned by the City of Dubuque by sale through a
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development agreement with Weaver Castle, LLC. Seconded by Braig. Motion carried
7 -0.
Sale of Property at 2318 Washington Street: Proof of publication on notice of public
hearing to consider the disposal of City -owned real property located at 2318
Washington Street to Brian J. Nilles and the City Manager recommending approval.
Motion by Braig to receive and file the documents and adopt Resolution No. 273 -13
Approving the sale of real estate located at 2318 Washington Street, in the City of
Dubuque. Seconded by Resnick. Motion carried 7 -0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
"Together we are one Dubuque" Public Art Proposal Presentation: Project Directors
Geri Shafer, 1207 Adeline Street; and Gene Tully, 448 Summit Street, presented a
public /private partnership public art proposal entitled "Together we are one Dubuque,
and we are a ripple" that is being suggested for the green space at 5th and Bell Streets.
Motion by Jones to receive and file the documents and support and endorse the project.
Seconded by Connors. Motion carried 7 -0.
Addition of Sustainable Dubuque Community Health & Safety Principle: City Manager
recommending approval of the addition of Community Health & Safety as the 12th
principle in the Sustainable Dubuque model. Motion by Connors to receive and file the
documents and approve the recommendation. Seconded by Braig. Motion carried 7 -0.
Sustainable Dubuque Community Grant Applications: City Manager recommending
approval of Round 2 of the Sustainable Dubuque Community grant applications. Motion
by Connors to receive and file the documents and approve the recommendation.
Seconded by Lynch. Motion carried 7 -0.
Purina Drive Barge Docking Facility Repair Project Award: City Manager
recommending award of the contract for the Purina Drive Barge Docking Facility Repair
Project to the low bidder, Newt Marine and further recommends that the City Council
recognize that there was an irregularity in the original bid submittal from Newt Marine,
waive its original unit pricing bid, and accept its clarified unit pricing.
City Attorney submitting information related to the project award.
Correspondence from Krista L. Taylor, President of Taylor Construction, Inc.,
requesting to address the City Council regarding the project award.
Correspondence from Krista L. Taylor, President of Taylor Construction, Inc.,
expressing her concerns about how the bid opening was handled.
Motion by Jones to receive and file the documents, waive the irregularity, accept the
revised bid, and adopt Resolution No. 274 -13 Awarding the public improvement contract
for the Purina Drive Barge Docking Facility Repair Project CIP #6802479. Seconded by
Resnick. Krista Taylor, Vice President of Taylor Construction, 7314 Columbus St., New
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Vienna, Iowa, spoke in opposition to acceptance of the bid citing bid irregularities.
Motion carried 7 -0.
Ninth and Eleventh Streets One -Way to Two -Way Conversion Project Award: City
Manager recommending award of the contract for the Ninth and Eleventh Streets One -
Way to Two -Way Conversion Project to the low bidder, Portzen Construction, Inc.
Motion by Braig to receive and file the documents and adopt Resolution No. 275 -13
Awarding public improvement contract for the 9th Street and 11th Street One -Way to
Two -Way Conversion Project. Seconded by Connors. Motion carried 6 -1 with Resnick
voting nay.
Request for Work Session - New Airport Terminal Building: City Manager
recommending a work session be set for October 21, 2013 at 4:30 p.m. to tour the new
Airport Terminal Building. Motion by Lynch to receive and file the documents and set the
public hearing as recommended. Seconded by Connors. Motion carried 7 -0.
There being no further business, upon motion the City Council adjourned at 9:00 p.m.
1 t 8/28
/s /Kevin S. Firnstahl, CMC
City Clerk
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