Minutes_City Council Proceedings 10 7 13CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on October 7, 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, 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
PROCLAMATION(S)
Arts and Humanities Month (October 2013) was accepted by Arts and Cultural Affairs
Advisory Commissioner Ellen Henkels;
Bryant Elementary School 75th Anniversary Day (October 19, 2013) was accepted by
Principal Vicki Sullivan;
Diversity Month (October 2013) was accepted by Dubuque Area Chamber of
Commerce Senior Vice President Barry Gentry;
Make -a -Will Month (October 2013) was accepted by Library Directory Susan
Henricks;
Trick -or -Treat Night (October 31, 2013) was accepted by Mayor Roy D. Buol.
INTRODUCTION
City Manager Van Milligen introduced the City's newly appointed Economic
Development Director Maurice Jones who introduced himself to the City Council.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Connors. Motion carried 7 -0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of
8/27; Cable TV Commission of 8/7; City Council proceedings of 9/16; Civil Service
Commission of 8/23; Human Rights Commission of 8/12; Park and Recreation Advisory
Commission of 9/11; Sister City Relationships Advisory Commission of 10/2; Proof of
Publication for City Council proceedings of 9/3 and 9/16; Proof of Publication for Notice
of Claims and Summary of Revenues for Month Ending 8/31. Upon motion the
documents were received and filed.
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Notice of Claims and Suits: Brian McNamara for vehicle damage; Mario Owens 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: Brian McNamara for vehicle damage and Mario Owens for vehicle
damage. Upon motion the documents were received, filed and concurred.
Dubuque Regional Airport - Acquisition of 8198 Jecklin Lane: City Manager
recommending approval of a resolution and correction deeds for the acquisition of real
estate located at 8198 Jecklin Lane for the Dubuque Regional Airport Runway Safety
Area Project. Upon motion the documents were received and filed and Resolution No.
294 -13 Approving Correction Deeds for the acquisition of real estate located at 8198
Jecklin Lane, Dubuque, Iowa, was adopted.
Leisure Services 2013 Sidewalk Installation Project - Area 1 McAleece /Admiral
Sheehy Drive Project Acceptance: City Manager recommending acceptance of the 2013
Leisure Services Sidewalk Installation Project — Area 1 McAleece /Admiral Sheehy Drive
as completed by Tschiggfrie Excavating, Inc. Upon motion the documents were
received and filed and Resolution No. 295 -13 Accepting the 2013 Leisure Services
Sidewalk Installation Project Area 1 McAleece /Admiral Sheehy Drive and authorizing
the payment of the contract amount to the contractor was adopted.
Express Scripts, Inc. Employer Participation Agreement: City Manager
recommending approval of the Employer Participation Agreement with Express Scripts,
Inc., and authorization for the City Manager to sign the agreement. Upon motion the
documents were received, filed and approved.
Teamsters #120 (Bus Operators) - Amendment to Collective Bargaining Agreement:
City Manager recommending approval of an amendment to the Collective Bargaining
Agreement with Teamsters Local Union No. 120 (Bus Operators). Upon motion the
documents were received, filed and approved.
DARE Agreement for Fiscal Year 2013 -2014: City Manager recommending approval
of the Fiscal Year 2013 -2014 DARE Agreement between the City of Dubuque Police
Department and the Dubuque Community School District. Upon motion the documents
were received, filed and approved.
Civil Service Commission: Civil Service Commission submitting the certified lists for
the positions of Equipment Operator I, Equipment Operator II, and Recreation Program
Supervisor. Upon motion the documents were received, filed and made a Matter of
Record.
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Park and Recreation Advisory Commission: Commissioner Chuck Harris submitting
his resignation to the Park and Recreation Advisory Commission. Upon motion the
documents were received, filed and the resignation accepted.
Zoning Advisory Commission: Commissioner Charles Miller submitting his
resignation from the Zoning Advisory Commission. Upon motion the documents were
received, filed and the resignation accepted.
Zoning Board of Adjustment: Communication from Zoning Board of Adjustment
requesting City Council approval to appoint Commissioner Heath Hutchinson as a
representative to the Airport Zoning Board of Adjustment. Upon motion the documents
were received, filed and approved.
Shelter Plus Continuum of Care Fiscal Year 21011 Grant: City Manager
recommending authorization for the Mayor to sign documents to close out the Fiscal
Year 2011 Shelter Plus Care Grant. Upon motion the documents were received, filed
and approved.
Iowa DOT InterCity Bus Assistance Program: City Manager recommending approval
of the submission of a re- application to the InterCity Bus Assistance Program and
authorizing resolution. Upon motion the documents were received, filed and approved.
Westbrook Subdivision and Westbrook Subdivision No. 2 - Acceptance of
Stormwater Detention Facilities: City Manager recommending acceptance of the
detention facilities and stormwater detention lots that the developer, Callahan
Construction, Inc., has completed and is dedicating in Westbrook Subdivision and
Westbrook Subdivision No. 2. Upon motion the documents were received and filed and
Resolution No. 296 -13 Accepting stormwater detention facilities and a deed to Lots B,
C, & D in Westbrook Subdivision and Lots 0 & P in Westbrook Subdivision No. 2, in the
City of Dubuque, Iowa, was adopted.
Dubuque Golf & Country Club Property Tax Appeal: City Attorney recommending
approval of a Stipulation of Settlement Agreement for a property tax appeal from the
Dubuque Golf & Country Club. Upon motion the documents were received, filed and
approved.
Iowa Mississippi River Parkway Commission: Chairperson John Goodmann
submitting the 2012 -2013 Annual Report for the Iowa Mississippi River Parkway
Commission. Upon motion the documents were received and filed.
Iowa Economic Development Authority - Sole Source Procurement: Correspondence
from the Iowa Economic Development Authority (IEDA) approving a request by the City
of Dubuque to use the sole source method of procurement to select the University of
Northern Iowa GeoTree GIS Team for a proposed watershed planning model. Upon
motion the documents were received and filed.
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Iowa Department of Natural Resources - Clean Water State Revolving Fund:
Correspondence from the Iowa Department of Natural Resources confirming the update
to the City of Dubuque's Clean Water State Revolving Fund application and estimated
loan request for the Upper Bee Branch Creek Restoration Project. Upon motion the
documents were received and filed.
Improvement Contracts and Maintenance Bonds: Dubuque Barge & Fleeting (DBA
Newt Marine Service) for the Purina Drive Barge Dock Maintenance Project. Upon
motion the documents were received, filed and approved.
Alcohol Compliance Civil Penalty for Alcohol License Holders — 920 Main Street: City
Manager recommending approval of the Acknowledgment /Settlement Agreement for an
alcohol compliance violation for 920 Main Street. Upon motion the documents were
received, filed and approved.
Alcohol Compliance Civil Penalty for Alcohol License Holders — Jumpers Sports Bar
& Grill: City Manager recommending approval of the Acknowledgment /Settlement
Agreement for an alcohol compliance violation for Jumpers Sports Bar & Grill, 2600
Dodge Street. Upon motion the documents were received, filed and approved.
Alcohol Compliance Civil Penalty for Alcohol License Holders - Gin Rickey's Bar: City
Manager recommending approval of the Acknowledgment /Settlement Agreement for an
alcohol compliance violation for Gin Rickey's Bar, 1447 Central Avenue. Upon motion
the documents were received, filed and approved.
Business License Refund: Request from Geneva Ginter for a refund of the liquor
license for West Dubuque Tap in the amount of $422.50. 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. 297 -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. 298 -13
Approving applications for retail cigarette /tobacco sales permits, as required by Iowa
Code 453A.47A were adopted.
BOARDS /COMMISSIONS
Appointments to the following commissions were made at this meeting:
Airport Commission: Two, 4 -year terms through September 14, 2017 (Expiring terms
of Brotherton and Santillo). Applicants: R.J. Blocker, 880 Kane St.; Douglas Brotherton,
2823 Hickory Hill; Chris Even, 120 S. Grandview; Dan Nicholson, 889 Walker St.
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G. Scott Yaunches, 2670 Marywood Dr. Upon roll -call vote, Doug Brotherton (Buol,
Jones, Lynch, Resnick, Sutton, Braig) and Chris Even (Buol, Connors, Jones, Sutton,
Braig) were appointed to 4 -year terms through September 14, 2017.
Environmental Stewardship Advisory Commission: Three, 3 -year terms through
October 1, 2016 (Expiring terms of Buelow, Oberdoerster, and Sinha). Applicants:
Michael Buelow, 2131 Graham Cr.; Chad Oberdoerster, 420 Summit St.; Aditi Sinha,
900 S. Grandview Ave. Motion by Braig to appoint Michael Buelow, Chad Oberdoerster
and Aditi Sinha to 3 -year terms through October 1, 2016. Seconded by Lynch. Motion
carried 7 -0.
Environmental Stewardship Advisory Commission Youth Appointment: One, 3 -year
Youth term through June 1, 2016 (Vacant term of Miller). Applicant: Kyle Leytem. 1235
Valentine Dr. Motion by Braig to appoint Kyle Leytem to a 3 -year youth term through
June 1, 2016. Seconded by Jones. Motion carried 7 -0.
ACTION ITEMS
Citizen Correspondence - Pedestrian Crossing at NW Arterial and Pennsylvania
Avenue: Correspondence from Deborah Borley, 1809 Glenwood Court requesting to
address the City Council regarding a pedestrian crossing at the intersection of NW
Arterial. Motion by Connors to receive and file the documents and refer to the City
Manager. Seconded by Jones. Ms. Borley addressed the City Council about her
concerns over pedestrian safety and potential solutions at the intersection. City
Manager Van Milligen provided background information related to upgrades made at the
intersection and potential future upgrades. Motion carried 7 -0.
Five Flags Management Agreement Extension with SMG: City Manager
recommending approval of the Third Amendment to the Management Agreement with
SMG for management of the Five Flags Center for the period July 1, 2014 to June 30,
2019 and the use of capital investment funds. Motion by Braig to receive and file the
documents and adopt Resolution No. 299 -13 Approving the Third Amendment to the
Management Agreement between the City of Dubuque, Iowa, and SMG. Seconded by
Jones. Leisure Services Manager Marie Ware addressed questions from the City
Council regarding clarifying language in the agreement. Motion carried 7 -0.
School Resource Officer (SRO) Agreement: City Manager recommending approval of
the School Resource Office (SRO) agreement with the Dubuque Community School
District for school year 2013 -2014. Motion by Jones to receive and file the documents
and approve the recommendation. Seconded by Connors. Motion carried 7 -0.
Nightrider /College Partnership ICAAP Funding Grant Application: City Manager
recommending approval of a Clean Air Attainment Program Grant to continue the
Nightrider /College Partnership project for a third year. Motion by Jones to receive and
file the documents and adopt Resolution No. 300 -13 Endorsing the submission of an
Iowa Clean air Attainment Program (ICAAP) Grant Application to the Iowa Department
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of Transportation to fund the Nightrider Route. Seconded by Connors. Motion carried 7-
0.
COUNCIL MEMBER REPORTS
Mayor Buol thanked the staff and representatives who were involved with the
planning of the Growing Sustainable Communities Conference and the Iowa League of
Cities Conference held in Dubuque on September 24 -27.
PUBLIC INPUT
Jacob Long, 4604 Cardinal Drive, address the City Council regarding his concerns
about road safety and alternative traffic control solutions that were part of past
automated traffic control discussions.
Doug Brehm, 896 Berkley Street, addressed the City Council regarding his concerns
about health insurance issues related to part -time city bus drivers.
CLOSED SESSION
Motion by Jones to convene in closed session regarding pending litigation and
property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa and Collective
Bargaining Strategy pursuant to Chapter 20.17(3) Code of Iowa. Seconded by Resnick.
Motion carried 7 -0.
Upon motion, the City Council reconvened in open session at 8:19 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:20 p.m.
1t 10/16
/s /Kevin S. Firnstahl, CMC
City Clerk
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