Proof of Publication_City Council Proceedings 11 18 13CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
REGULAR SESSION
The Dubuque City
Council met in regular
session at 6:30 p.m. on
November 18, 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 con-
ducting such business
that may properly
come before the City
Council.
PLEDGE OF
ALLEGIANCE
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated.
Seconded by Resnick.
Motion carried 7 -0.
Minutes and Reports
Submitted: Cable TV
Commission of 10/2;
City Council proceed-
ings of 11/4; Civic Cen-
ter Advisory Commis-
sion of 10/28; Civil
Service Commission of
11/12; Library Board of
Trustees of 9/26 and
update of 10/24; Safe
Community Advisory
Committee of 9/11;
Zoning Advisory Com-
mission of 11/6; Proof
of Publication for City
Council proceedings of
10/21; Proof of Publica-
tion for List of Claims
and Summary of Reve-
nues Month Ended
9/30. Upon motion the
documents were re-
ceived and filed.
Notice of Claims and
Suits: Scott Estal for
personal injury; Nancy
Freiburger for personal
injury; Joseph Healey
for property damage;
Steven Steines for ve-
hicle 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 re-
ferred to Public Entity
Risk Services of Iowa,
the agent for the Iowa
Communities Assur-
ance Pool: Robert
Allemann for property
damage; Nancy Frei -
burger for personal in-
jury. Upon motion the
documents were re-
ceived, filed and con-
curred.
Project HOPE - Na-
tional League of Cities
Conference Presenta-
tion: correspondence
from Eric Dregne, Vice
President of Strategic
Initiatives for the Com-
munity Foundation of
Greater Dubuque, in-
forming the City that
Project HOPE was in-
vited to present on Re-
Engage Dubuque at the
National League of Cit-
ies Conference in Seat-
tle, Washington, No-
vember 13 -16, 2013.
Upon motion the docu-
ments were received
and filed.
Abstract of Votes -
2013 General Election:
Dubuque County Board
of Supervisors submit-
ting the Abstract of
Votes for the General
Election held the 5th
day of November, 2013.
Upon motion the docu-
ments were received
and filed.
Smarter Cities Chal-
lenge - Workforce Sol-
utions: City Manager
recommending appro-
val of the IBM Smarter
Cities Challenge appli-
cation to address
workforce develop-
ment issues. Upon mo-
tion the documents
were received, filed
and approved.
Fiscal Year 2013 State
of Iowa Annual Finan-
cial Report: City Man-
ager recommending
approval of the City of
Dubuque's Fiscal Year
2013 Annual Financial
Report. Upon motion
the documents were
received, filed and ap-
proved.
Gavilon Grain - As-
signment of Gypsum
Storage and Handling
Agreement with Bene-
ficial Reuse Manage-
ment: City Manager
recommending appro-
val of the Assignment
of the Gypsum Storage
and Handling Agree-
ment from the City of
Dubuque to Gavilon
Grain. Upon motion the
documents were re-
ceived and filed and
Resolution No. 321 -13
Approving the assign-
ment of Gypsum Stor-
age and Handling
Agreement between
the City of Dubuque,
Iowa and Gavilon
Grain, LLC was adopt-
ed.
Usha Park Parking Lot
Project - Recording
Memo: City Manager
recommending that the
award for the Usha
ural Resources for
Phase 4 of the Iowa 32
Bike /Hike Trail was
adopted.
AmeriCorps Grant Ap-
plication: City Manager
recommending appro-
val of the 2014 -2015
AmeriCorps Grant ap-
plication recently sub-
mitted to the Iowa
Commission on :Volun-
teer Service. Upon mo-
tion the documents
were ''received,' filed
and approved.
Dodd's River Termi-
nal, Inc.: City Attorney
submitting , a Quit
Claim Deed and Reso-
lution releasing all in-
terests in certain real
estate in the South
Port related to Dodd's
River Terminal, Inc.
Upon motion the docu-
ments were received
and filed.
Purchase of Property
- 1401 and 1421 Elm
Street: City Manager
recommending author-
ization for the City of
Dubuque to enter into
a purchase agreement
with Angela Mangeno
to acquire 1401 -1421
Elm Street. Upon mo-
tion the documents
were received and filed
and Resolution No. 324-
13 Approving the ac-
quisition of real estate
known as Lot 142 in
East Dubuque Addition
1401 -1421 Elm Street in
the City of Dubuque,
Iowa, was adopted.
Purchase of Property
- 2426 Washington
Street: City Manager
recommending acquisi-
tion of property at 2426
Washington Street
from Merlin and Mary
Rose Reuter, authoriz-
ing acceptance of the
Warranty Deed and
any other related steps
necessary to carry out
the terms of the offer.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 325 -13 Approv-
ing the acquisition of
real estate owned by
Merlin Reuter and
Mary Rose Reuter in
the City of Dubuque
was adopted.
Purchase of Property
- 510 East 22nd Street:
City Manager recom-
mending approval to
purchase property at
510 E. 22nd Street from
Anomaly on Music
Row, L.C., and author-
ize acceptance of the
Warranty Deed and
any other related steps
necessary to carry out
the terms of the offer.
Upon motion the docu-
ments were received
and filed and Resolu-
tion. No. 326 -13 Approv-
ing the acquisition of
real estate owned by
Anomaly on Music
Row, L.C. in the City of
Dubuque was adopted.
Purchase of Property
- 427 -429 Rhomberg
Avenue: City Manager
recommending appro-
val to purchase proper-
ty at 427 -429 Rhomberg
Avenue and authorize
acceptance of the War-
ranty Deed and any
other related steps
necessary to carry out
the terms of the offer.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 327 -13 Approv-
ing the Acquisition of
real estate owned by
John P. Mihalakis and
Richard L. Billmeyer,
D /B /A Junie & Rich's
Coin Partnership, in the
City of Dubuque was
adopted.
Code of Ordinances -
Adoption of Supple-
ment No. 13: City Clerk
recommending adop-
tion of Supplement No.
13 to the City of Dubu-
que Code of Ordinan-
ces, which codifies Or-
dinance Nos. 19 -13
through 22 -13, 24 -13
through 27 -13, 30 -13
through 35 -13, and 39-
13 through 48 -13 as
adopted by the City
Council and enacted
through September 20,
2013. Upon motion the
documents were re-
ceived and filed and
Resolution No. 328 -13
Adopting Supplement
No. 13 to the Code of
Ordinances of the City
of Dubuque, Iowa, was
adopted.
ARC Transfer Center
Phase I Project Accept-
ance: City Manager
recommending accept-
ance of the construc-
tion contract for the
ARC Transfer Center
Phase I Project, as
completed by Murphy
Construction. Upon
motion the documents
were received and filed
and Resolution No. 329-
13 Accepting the ARC
Transfer Center Phase
I Project and authoriz-
ing the payment of the
contract amount to the
contractor was adopt-
ed.
Historic Preservation
Commission: Historic
Preservation Commis-
sion submitting a re-
quest to appoint Com-
missioner Robert
McDonell as a tempo-
rary commissioner for
the Jackson Park His-
toric District due to a
change in residency
ment with American
River Transportation
Co., d /b /a Artco Fleet-
ing Service. Upon mo-
tion the documents
were received and
filed.
Alcohol Compliance
Civil Penalty for Alco-
hol License Holders -
Mindframe Theaters:
City Manager recom-
mending approval of
the Acknowledgment/
Settlement Agreement
for an alcohol compli-
ance violation for
Mindframe Theaters,
555 JFK Road, #105.
Upon motion the docu-
ments were received,
filed and approved.
Alcohol Compliance
Civil Penalty for Alco-
hol License Holders -
Olive Garden Italian
Restaurant: City Man-
ager recommending
approval of the
Acknowledgment/Settl
ement Agreement for
an alcohol compliance
violation for Olive Gar-
den Italian Restaurant,
3350 Dodge Street.
Upon motion the docu-
ments were received,
filed and approved.
Alcohol License Appli-
cations: City Manager
recommending appro-
val of annual liquor,
beer, and wine licenses
as submitted. Upon
motion the documents
were received and filed
and Resolution No. 331-
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 Regula-
tions, Chapter 2 Liquor
Control, Article B Liq-
uor, Beer and Wine Li-
censes 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 indi-
cated, and direct the
City Clerk to publish
notice as prescribed by
law. Seconded by
Jones. Motion carried
7 -0.
Sale of Property -
West of 1895 John F.
Kennedy Road: City
Manager recommend-
ing that a public hear-
ing be set for Decem-
ber 2, 2013, for the pur-
pose of disposing of
the 1.4 acre City -
owned parcel adjacent
to and west of 1895
John F. Kennedy Road
to Molo Oil Company.
Upon motion the docu-
ments were received
and filed and Resolu-
tion No. 332 -13 Resolu-
tion of Intent to dis-
pose of an interest in
City -owned real prop-
erty by sale to Molo Oil
Company was adopted
setting a public hear-
ing for December 2,
2013 in the Historic
Federal Building.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City Coun-
cil.
Request to Rezone -
1822 Creek Wood
Drive: Proof of publica-
tion on notice of public
hearing to consider a
request by Marty
McNamer to rezone
property at 1822 Creek
Wood Drive from C -2c
Neighborhood Shop-
ping Center District
with Conditions to R -3
Moderate Density
Multi - Family Residen-
tial District and the
Zoning Advisory Com-
mission recommending
approval. Motion by
Connors to receive and
file the documents and
that the requirement
that a proposed ordi-
nance be considered
and voted on for pas-
sage at two Council
meetings prior to the
meeting at which it is
to be passed be sus-
pended. Seconded by
Braig. Planning Serv-
ices Manager Laura
Carstens provided a
staff report. Motion
carried 7 -0.
Motion by Connors for
final consideration and
passage of Ordinance
No. 52 -13 Amending Ti-
tle 16 of the City of Du-
buque Code of Ordi-
nances, Unified Devel-
opment Code, by
reclassifying herein-
after described proper-
ty located at 1822
Creek Wood Drive from
C -2 Neighborhood
Shopping Center Dis-
trict with conditions to
R -3 Moderate Density
Multi - Family Residen-
tial District. Seconded
by Braig. Motion car-
ried 7 -0.
Sale of Property - 317-
319 East 22nd Street:
Proof of publication on
notice of public hear-
ing to consider the sale
of City -owned real es-
tate at 317 -319 East
22nd Street to Danielle
L. Minnick and the City
Manager recommend-
ing approval. Motion
by Braig to receive and
file the documents and
adopt the Resolution
No. 333 -13 Approving
the documents and ap-
prove the recommen-
dation. Seconded by
Jones. Motion carried
7-0.
Drainage Basin Mas-
ter Plan 2013 Amend-
ment: City Manager
recommending adop-
tion of the 2013
Amendment to the
Drainage Basin Master
Plan. Motion by Jones
to receive and file the
documents and adopt
Resolution No. 335 -13
Adopting the City of
Dubuque 2013 Drain-
age Basin Master Plan
Amendment. Seconded
by Connors. Civil Engi-
neers Deron Muehring
and Jon Dienst re-
sponded to questions
from the City Council
regarding the criteria
by which the alleys are
chosen for permeable
pavers, cost compari-
sons, soil conditions,
slope /grade issues and
assessments. Motion
carried 6 -1 with
Resnick voting nay.
State Flood Mitigation
Grant Application: City
Manager recommend-
ing approval to submit
an application to the
State of Iowa Flood
Mitigation Program
Board for $98,494,178
in state sales tax incre-
ment funding for the
Bee Branch Watershed
Flood Mitigation Proj-
ect. Motion by Braig to
receive and file the
documents and adopt
Resolution No. 336 -13
Approving application
for State of Iowa Flood
Mitigation Program
funding for the Bee
Branch Watershed
Flood Mitigation Proj-
ect; and Resolution No.
337 -13 Local match
resolution for the Flood
Mitigation Program.
Seconded by Braig.
Civil Engineer Deron
Muehring, Planning
Services Manager
Laura Carstens, Assis-
tant City Manager Teri
Goodmann, and Budget
Director Jenny Larson
presented a slide pre-
sentation that provided
information on Dubu-
que's flooding history
and associated costs;
watershed hydrology;
Drainage Basin Master
Plan; watershed solu-
tions and project phas-
es; conformance with
City goals, priorities,
policies and initiatives;
citizen advisory com-
mittee; funding op-
tions, sources and
funding request; par -
tnerships; financial de-
tail; and state sales tax
increment funding; The
video documenting the
flood of July 2011 was
presented. Staff re-
sponded to questions
from City Council. Mo-
tion carried 7 -0.
Special Assessments
Interest Rates: City
Manager recommend-
ing approval to reduce
the special assessment
interest rate from 9%
to 3 %, creating an op-
portunity for property
owners to pay their as-
sessments at 3% inter-
est over 15 years. Mo-
tion by Connors to re-
ceive and file the docu-
ments and approve the
recommendation. Sec-
onded by Braig. Motion
carried 7 -0.
COUNCIL MEMBER
REPORTS
Council Member Braig
welcomed Boy Scout
Troup 48 and thanked
them for attending the
meeting. Braig also
asked for consensus
from the Council for
asking staff to investi-
gate ordinances regu-
lating payday estab-
lishments and for the
Environmental Stew-
ardship Advisory Com-
mission to provide in-
formation on fracking.
Both items were refer-
red to staff.
Council member
Jones acknowledged
Troup 48 Scout Master
and Building Services
Inspector Jeff Zasada
and thanked the Fire
Department for their
efforts on the early -
morning fire on Roose-
velt Street.
There being no fur-
ther business, upon
motion the City Council
adjourned at 8:26 p.m.
/s /Kevin S. Firnstahl,
CMC, City Clerk
it 11/27
STATE OF IOWA {SS:
DUBUQUE COUNTY
CE TIFICATION 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 27, 2013, and for which the charge is $230.23.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this ter; day of , 20
Votary Public in and for Dubuque County, Iowa.
tlocuments were re- I Project and authoriz red 7 -0
ceivetl and filed antl ing the payment of the Sale of Property - 317-
Resolution No. 321 -13 contract amount to the 319 East 22nd Street:
Approving the assign- contractor was adopt -.' Proof of pubecation •n
meet of Gypsum Stor- ed. notice °of public hear
age and Handling Historic Preservation ng to consider the sale
Agreement between Commission: Historic of City -owned real es-
the City' of Dubuque, Preservation I Commis tate at 317 -319 East.
iowa and Gavilon sion submitting a re 22nd Street to Danielle
Grain, LLC was adopt- quest to appoint Com -i L. Minnick and the City
ed. missioner Robert Manager recommend -'i
Usha Park Parking Lot McDonell as a tempo ing approval. Motion
Project '- Recording rary commissioner for' by Braig to receive and
Memo: City Manager the; Jackson Park His -r f le the documents and;
recommending that 'the tonic Distract due to a' adopt the Resolution
award for the Usha change in residency No. 33313 Approving
Park Parking Lot Proj- and! until such time the sale of real estate!
ect to Drew Cook & that a resident of the specifically 317 -319;
Sons Excavating, inc., district applies and is East 22nd Street.
be officially recorded appointed. Upon mo Seconded by Jones.'
in the minutes of the tion' the documents Motion carried 7 -0.
City Council. Upon mo- were received, filed Fire Station No. 4 Me-
tion the documents and'approved chanical and Restroom
were received, #filed Citizen Correspond -' Upgrade Project:lProof'
and made a Matter of ence: Correspondence of publication on no-
Record. from Dave and Anne tice of 'public hearing'
Plat of Survey - 1895 Hartig regarding the to consider approval of
Kennedy Road: Zoning use ; of engine brakes plans, specifications
Advisory Commission within the city limits. ! form of contract, and'
requesting approval' of Upon motion the tlocu- estimated cost for the"
the PIa# of Survey for menu were received, Fire Station No. 4 Me
Westview Shopping filed and referred to chanical and Restroom'
Center Place No. 4 Lots the City Manager. Upgrade Project and
1 and 2. Upon motion Sixteenth Street Rail the City Manager rec
the tlocuments were road Crossing Ap- ammending approval
received and filed and proacn Pavement Re- i Motion by tones #o re
Resolution+ No. 322 -13 movai' and 'Replace- ! ce tie and #lie the docu
Approving the Plat 'of ment Project Accept- menu and adopt Reso -
Survey Lot 1 and Lot 2 ante: City Manager ution No. 334 -13' Ap
of westview Shopping recommending accept - proval of plans, specifi
Center Place No. 4 was ante of the construe- cations, form of con
adopted. #ion contract ! for the ; tract, and estimated
REAP Grant Agree- 16th Street Railroad cost for the Fire Station
ment for Iowa 32 Crossing Approach No 4 Mechanical and
Bike /Hike Trail - Phase Pavement Removal and Restroom Upgrade
4: C ty Manager recom Replacement Project, Project, Seconded by
mending approval of a as completed by Connors. Motion car-
resolution and the Fs Portzen Gonstruction, rietl 7 -0.
cal Year 2014 REAP Inc. Upon motion the Upon motion the rules
grant agreement relat- documents were re• were reinstated limit-
ed to Phase 4 of the jo- ceivetl and flied and ing discussion to the
wa 32 Bike /Hike Trail Resolution No 330 -13 City Council.
along the Northwest Accepting the 16th ACTION ITEMS
Arterial from Holliday Street Railroad Cross - Sustainable Dubuque
Drive to Pennsylvania ing Approach' Pave• Community Grant Rec-
Avenue. Upon motion ment Removal' & Re- om ity Me ions Round
the documents were placement Project and 3: City Manager recom-
received and tiled and authorizing the pay- mending funding of
Reso ution 'No. 323 -13 meat of the contract Round 3 of the Sustain -
Authorizing+ REAP amount to the contrac a ble Dubuque Com-
Grant application to io- for was adopted. mumty grant applica-
wa Department of Nat- Signed Contracts 'tions, Motion by Con-
Docking license agree - 'Hors to receive and file