Proof_City Council Proceedings 11 4 13CITY OF DUBUQUE,
IOW
CITY COUA NCIL
PROCEEDINGS
SPECIAL SESSION
The Dubuque City
Council met in special
session at 5:30 p.m. 0,1
November 4, 2013 in
the Historic Federal
Building, 350 W. 6th'
Street.
Present: Mayor Buol;'
Council Members
Braig, Connors, Jones,
Lynch, Resnick, Sutton;
City Manager Van
Miliigen, City Attorney
Lindahi
Mayor Buol read the
call and stated this is a
special session of the
City Council called for
the purpose of con-
ducting a work session
on the Jule Transit Sys-
tem Midtown Loop &
Feeder ICAAP Grant
Route Implementation.
WORK SESSION
Jule Transit System
Midtown Loop & Feed -
er ICAAP Grant Route
Implementation
Director of Transit 0p-
erations Candace
Eudaley and Transit
Dispatcher Jodi John-
son provided a slide
presentation and infor-
mation on how the Io-
wa Clean Air Attain-
ment Program (ICAAP)
grant from the Iowa
Department of Trans-
portation will lead to
increased frequenc
and scope of Jule'Buy s
service through new
express routes and re-
lated route improve-
ments:
Project purpose'
• Common requests
and concerns
• Current service con-
cept
• New service concept
• Trip time savings
• Route improvements
and changes
• Public information
Ms. Eudaley and Ms.
Johnson responded to
questions from the City
Council
There being no fur -
her business, upon
motion the City Council
adjourned at 5:58 p.m.
/s /Kevin S. Firnstahi,
CMC, City Clerk
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
DINGS
REGULAPROCEER SESSION
The Dubuque City
Council met'in regular
session at 6;30 p.m
November 4, 2013 in
the H'storic Federal
Buildingreet. , 350 W. 6th
St
Present: Mayor Buol;
Counci Members
Braig, Connors, Jones,
Lynch, Resnick, Sutton;
City Manager Van
Miliigen, City Attorney
Lindah
Mayor Buol read the
call and stated this is a
regular session of the
City Council called for
the purpose of con-
ducting such business
that may properly
come before the City
Council
PLEDGE OF
ALLEGIANCE
PROCLAMATION(S)
Philanthropy Day (No-
vem5, Ka 201 was
acceber pted 1byi ra 3) Mur-
phy, Association of
Fund Raising Professio-
nals representative
and Development Di
rector for Finley Health
Foundation, 350 N.
Grandview Avenue;
Key Club Week (No-
vember 4 -8, 2013) was
accepted by Pooja Pa-
tel, Kiwanis Key Club
representative, PO Box
563, Dubuque;
Adoption Month (No-
vember 2013) was ac-
cepted by Andrew
Browns, Iowa KidsNet,
255 JFK Road;
Hunger and Homeless
Awareness Month (No-
vember 2013) was ac-
cepted by David Wall
of Project Concern,
1789 EIm Street;
Hospice Month (No-
vember 2013) was ac-
cepted by Carole Car-
roll of Hospice of Dubu-
que, 2255 JFK Road.
PRESENTATIONS)
Dubuque Main Street
Awards: Leisure Serv-
ices (Manager Marie
Ware' presented the
Best New Construction
Project award for the
Port of Dubuque Mari-
na; and Dubuque Main
Street Executive Direc-
tor Dan LoBianco pre-
sented the Best Com-
munity Development
Project award for En-
gine House No. 1.
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and d s-
pose of as indicated.
Seconded by Resnick,
Motion carried 7 -0.
Minutes and ;Reports
Submitted: Catfish
Creek Watershed Man-
agement Authority of
7/23; City Council Pro-
ceedings of 10/21; Civil
Service Commission of
10/21; Community De-
velopment Advisory
Commission of 10/16;
Dubuque County Emer-
gency Management
Association of 2/6; His-
toric Preservation
Commission of 10/17;
Human Rights Commis-
sion of 9/9; Investment
Oversight Advisory
Commission of 10/23;
Zoning Board of Ad-
justment of 10/24;
Proof of Publicationfor
City Council proceed-
ings of 10/7. Upon mo-
tion the documents
were received and
filed.
Notice of Claims and
Suits: Robert Allemann
for property damage;
Avery Butler for prop-
erty damage; Tom
Ochs for property dam
age. Upon motion the
documents were 're-
ceived, fired and refer -
red to the City Attor-
ney.
Disposition of Claims:
p i
City Attorney advising
that the following
claims have been're-
ferred to Public Entity
Risk Services of Iowa,
the agent for the Iowa
Communities Assur-
ance Pool: Avery Butler
for property damage;
Tom Ochs for property
damage; + Resurrection
Church for property
damage; Aaron Wailing
for vehicle damage.
Upon motion the docu-
ments were received,
filed and concurred:
Convention and Visi-
tors Bureau - fovea
Tourism Award: Media
release from Keith
Rahe, President of the
Convention and Visi-
tors Bureau ',announc
ing receipt of the Out-
standing Promotional
Materials and People's
Choice Award from the
Iowa Tourism Confer -'
ence. Upon motion the
documents were re-
ceived and filed.
Dubuque City Serv-
ices Guide: City Man-
ager transmitting the
Dubuque City Services
Guide. Upon motion the
documents were re-
ceived and filed.
Delinquent Garbage
Collection Charges:
City Manager recom-
mending approval of a
resolution authorizing
the City to certify gar-
bage collection charg-
es to the Dubuque
County Treasurer in or-
der to establish real
property liens for col-
lection of such charg-
es. Upon motion the
documents were re-
ceived and 'filed and
Resolution No. 311 -13
Authorizing the City to
collect delinquent gar-
bage collection charg-
es in accordance with
Title 6- 6 -3C2o; title 6 -6-
4B3 & Title 6 -6B of the
Code of Ordinances of
the City of Dubuque,
Iowa, was adopted.
Rockefeller Founda-
tion 100 Resilient Cities
(Cciv\ ' t Lv CD
Centennial Challenge
Team: City Manager
recommending appro
val to submit anlappli-
cation for the Rockefel-
ler Foundation 100 Re-
silient °Cities Centenni-
al Challenge Team .
Upon motion the +docu -
ments were received,
filed and approved.
Collective Bargaining
- Operating Engineers
Local #234: City Man-
ager recommending
approval of an Amend-
ment to the Collective
Bargaining Agreement
between the City of
Dubuque and the Inter-
national Union of Oper-
ating Engineers Local
#234 as it relates to a
part -time cashier posi-
tion in the Utility Billing
Department. Upon mo-
tion the documents
were received,; filed
and approved.
Voluntary Dental Plan:
City Manager recom-
mending approval of
the new premiums for
the Delta Dental Plan
effective January 1,
2014 through Decem-
ber 31, 2014 and au-
thorizing the City Man-
ager to sign the Finan-
cial Exhibit. Upon mo
tion the documents
were 'received, filed
and approved.
National Association
of State Park Directors:
City Manager transmit-
ting correspondence
from Priscilla Giegis,
President of the Na-
tional Association of
State Park Directors, to
Governor Terry Bran-
stad expressing grati-
tude for hosting their
2013 Annual Confer-
ence in Dubuque. Upon
motion the documents
were received and
filed.
Mississippi River
Economy Summit: City
Manager transmitting
information regarding
the October 16, 2013
Mississippi River Cities
and Towns Initiative
Economy Summit.
Upon motion the docu-
ments were received
and filed.
Access Ramp Installa-
tion Project 2013 Ac-
ceptance: City Manag-
er recommending ac-
ceptance of the con-
struction contract for
the 2013 Access Ramp
Installation Project as
completed by Midwest
Concrete. Upon motion
the documents were
received and filed and
Resolution No. 312 -13
Accepting the 2013 Ac
cess Ramp Installation
Project and authorizing
the payment of the
contract amount to the
contractor was adopt-
ed.
Safe Routes to School
Project Acceptance:
City Manager recom-
mending acceptance of '!
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: November 13, 2013, and for which the charge is $237.09.
Subscribed to before me, . Notary Public in and for Dubuque County, Iowa,
,20 .
this day of
Notary Public in and for Dubuque County, Iowa.
f MARY K. WLSTERM Y ER t
Commission Number 154885
f? Co Exp. FEB'. 1, 201
the construction con-
tract for the Safe
Routes to School Pro-
gram - Dubuque School
Safety Improvements
Project, as completed
by McDermott Excavat-
ing. Upon motion the
documents were re-
ceived and filed and
Resolution No. 313 -13
Accepting the safe
Routes to School Pro-
gram - Dubuque School
Safety Improvements
Project #SRTS -U-
2100(663)•8U-31 and
authorizing the pay-
ment of the contract
amount to the contrac-
tor was adopted.
STAR Communities
Leadership Program:
City Manager recom-
mending approval to
submit an application
to join the STAR Com-
munities Leadership
program. Upon motion
the documents were
received, filed and ap-
proved.
Sustainable Dubuque
Monthly Project Status
Report: City Manager
transmitting the Sus-
tainable Dubuque
Monthly Project Status
Report for September
2013. Upon motion the
documents were re-
ceived and filed.
Quarterly Investment
Report: City Manager
submitting the Quar-
terly Investment Re-
port for September 30,
2013. Upon motion the
documents were re-
ceived and filed.
Appeal of Claim by
Aaron Wailing: Corre-
spondence from Aaron
Walling appealing de-
nial of his claim for ve-
hicle damage. Upon
motion the documents
were received, filed
and referred to the City
Attorney.
Pizzimenti vs. City of
Dubuque: City Attorney
submitting information
advising that the
Nicole Kennedy et al.
vs. Theresa Rivard and
Marco Pizzimenti suit
has been settled with
no cost to the City.
Upon motion the docu-
ments were received
and filed.
Alliance Technologies,
Inc.: Correspondence
from Alliance Technol-
ogies, Inc., informing
the City that it intends
to commence certifi-
cated cable and /or vid-
eo service in the city
commencing on Febru-
ary 1, 2014 pending ap-
proval of the applica-
tion. Upon motion the
documents were re-
ceived and fled.
Iowa Economic Devel-
opment Authority: Cor-
respondence from the
Iowa Economic Devel-
opment Authority ad-
vising that it is closing
out the CEBA forgiva-
ble loan for Medline In-
dustries, Inc. Upon mo-
tion the documents
were received and
filed.
Canadian Pacific Rail-
road Crossing Improve-
ments Agreement: City
Manager recommend-
ing approval of the ex-
ecution of an agree-
ment with the Canadi-
an Pacific Railway for
the railroad crossing
improvements on 9th
and llth Streets for
the one -way to two -
way conversion proj-
ect. Upon motion the
documents were re-
ceived, filed and ap-
proved.
Mediacom Communi-
cations Company: Cor-
respondence from
Mediacom Communi-
cations Company ad-
vising the City of pro-
gramming changes ef-
fective on or about De-
cember 10, 2013. Upon
motion the documents
were received and
filed.
Civil Service Commis-
sion: Civil Service Com-
mission submitting the
certified list for the po-
sition of Records Su-
pervisor. Upon, motion
the documents were
received, filed and
made a Matter of Re-
cord.
Improvement Con -
tracts and Mainte-
nance Bonds: A &G
Electric for the Catfish
Station Electrical Re-
pairs FEMA Project;
D &D Concrete, Inc. for
the 2013 Curb Access
Ramp Installation Proj-
ect; Drew Cook & Sons
Excavating for the 18th
and Heeb Streets Re-
taining Wall Slope Sta-
bilization Project and
the Usha Park Parking
Lot Project. Upon mo-
tion the documents
were received, filed
and approved.
Signed Contracts:
Veenstra & Kimm, Inc.,
for W &RRC north soft-
ening basins rehabilita-
tion; MWH Americas,
Inc., change order for
RBCA site investigation
and wellhead rehabili-
tation activities at the
W &RRC. Upon motion
the documents were
received and filed.
Alcohol License
Renewals: City Manag-
er recommending ap-
proval of annual liquor,
beer, and wine licenses
as submitted. Upon
motion the documents
were received and filed
and Resolution No. 314-
13 Approving applica-
tions for beer, liquor,
and /or wine permits,
as required by City of
Dubuque Code of Ordi-
nances Title 4 Business
and License Regu a-
tions, Chapter 2 Liquor
Control, Article B Liq-
uor, Beer and Wine Li-
censes and Permits
was adopted.
ITEMS TO BE SET FOR
PUFILK1 HEARING
Sale of Property - 317-
319 E. 22nd Street: City
Manager recommend-
ing that a public hear-
ing be set for Novem-
ber 18 to dispose of
City -owned real prop-
erty located at 317 -319
East 22nd Street to
Danielle L. Minnick.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 315-13 Resolu-
tion of Intention to dis-
pose of City -owned
property, specifically,
lot 1 -3 Kemp's Subdivi-
sion 317 -319 East 22nd
Street, in the City of
Dubuque, County of
Dubuque, Iowa, ac-
cording to the record-
ed plat thereof, 317 -319
East 22nd Street was
adopted setting a pub-
lic hearing for a meet-
ing to commence at
6:30 p.m. on November
18, 2013 in the Historic
Federal Building.
Fire Station No. 4 Me-
chanical and Restroom
Upgrade Project: City
Manager recommend-
ing initiation of the bid-
ding process for the
Fire Station No. 4 Me-
chanical and Restroom
Upgrade Project and
further recommends
that a public hearing
be set for November
18, 2013. Upon motion
the documents were
received and filed and
Resolution No. 316 -13
Preliminary approval of
plans, specifications,
form of contract, and
estimated cost; setting
date of public hearing
on plans, specifica-
tions, form of contract,
and estimated cost;
and ordering the ad-
vertisement for bids
(Fire Station No. 4 Me-
chanical and Restroom
Upgrade Project) was
adopted setting a pub-
lic hearing for a meet-
ing to commence at
6:30 p.m. on November
18, 2013 in the Historic
Federal Building.
Voluntary Annexation
- Truck Country, 10785
U.S. Highway 61/151:
City Manager recom-
mending that a public
hearing be set for De-
cember 16, 2013 on the
voluntary annexation
application from
McCoy Family Proper-
ties for the voluntary
annexation of territory
south of the City, and
generally located at
Truck Country, 10785
U.S. Highway 61/151.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 317 -13 Setting
a public hearing on an
application for volunta-
ry annexation of terri-
tory to the City of Du-
buque, Iowa, was
adopted setting a pub-
lic hearing for a meet-
ing to commence at
6:30 p.m. on December
16, 2013 in the Historic
Federal Building.
BOARDS/
COMMISSIONS
Appointments to the
following commissions
were made at this
meeting:
Environmental Stew-
ardship Advisory Com-
mission: One, 3 -year
term through October
1, 2014 (vacant term of
Splittstoeser). Appli-
cants: Jacob Bergum,
247 West llth St. #8;
Gina Makris, 166 Bluff
St. Upon roll -call vote
of 5 -2 (Bergum: Con-
nors, Jones, Sutton,
Braig, Buol; Makris:
Lynch, Resnick), Jacob
Bergum was appointed
to a 3 -year term
through October 1,
2014.
Parks and Recreation
Advisory Commission:
One, 3 -year term
through June 30, 2014
(Vacant term of Har-
ris). Applicants: Robin
Kennicker, 904 Lincoln
Ave.; Randy Neal, 3771
Hillcrest Rd. Upon roll -
call vote of 6 -1
(Kennicker: Connors.
Jones, Lynch, Resnick,
Braig, Buol; Neal: Sut-
ton), Robin Kennicker
was appointed to a 3-
year term through June
30, 2014.
Safe Community Advi-
sory Committee: One,
1 -year term through
December 31, 2013 (Va-
cant term of Cheat-
ham). Applicant: Ro-
nald Hammel II, 419
Clark St. Motion by
Connors to appoint Ro-
nald Hammel, II, to a 1-
year term through De-
cember 31, 2013.
Seconded by Braig.
Motion carried 7 -0.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City Coun-
cil.
Sale of Property -
1787 Washington
Street (Row House):
Proof of publication on
notice of public hear-
ing to consider the sale
of property at 1787
Washington Street to
Danika M. Carstens
and the City Manager
recommending appro-
val. Motion by Lynch to
receive and file the
documents and adopt
Resolution No. 318 -13
Approving the sale of
real estate located at
1787 ' Washington
Street, in the City of
Dubuque, Iowa.
Seconded by Braig.
Laura Carstens, 2370
Shiras Avenue, speak-
ing on behalf of her
daughter, Danika
Carstens, thanked the
Council. Motion carried
7 -0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
Progressive Process-
ing, LLC / Hormel -
State Assistance Appli-
cation: City Manager
recommending appro-
val of the submission
of a Business Financial
Assistance Application
to the Iowa Economic
Development Authority
on behalf of Progres-
sive Processing, LLC, a
subsidiary of Hormel
Foods Corporation. Mo-
tion by Braig to receive
and file the documents
and adopt Resolution
No. 319 -13 Authorizing
the filing of an applica-
tion for State Business
Financial Assistance on
behalf of Progressive
Processing, LLC.
Seconded by Connors.
Motion carried 7-0.
Iowa Solar Readiness
Initiative: City Manager
recommending appro-
val for Dubuque to par-
ticipate in the Iowa
Economic Development
Authority's Iowa Solar
Readiness Initiative,
funded through the
U.S. Department of En-
ergy's Rooftop Solar
Challenge II Sunshot
grant. Motion by
Resnick to receive and
file the documents and
adopt Resolution No.
320 -13 Resolution of
the City Council of the
City of Dubuque, ap-
proving an agreement
with the Iowa Econom-
ic Development Au-
thority to participate in
the Iowa Solar Readi-
ness Initiative as a pi-
lot local government
organization. Seconded
by Jones. Motion car-
ried 7 -0.
COUNCIL MEMBER
REPORTS
Council Member
Jones reported on the
NICC EMS conference
recently held at the
Grand River Center and
how pleased the at-
tendees were with the
destination and the
amenities of the Port of
Dubuque.
CLOSED SESSION
Motion by Jones to
convene in closed ses-
sion at 7:08 p.m. re-
garding pending litiga-
tion and property ac-
quisition 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 7:14
p.m. stating that staff
had been given proper
direction.
There being no fur-
ther business, upon
motion the City Council
adjourned at 7:15 p.m.
/s /Kevin S. Firnstahl,
CMC, City Clerk
It 11/13 •