Minutes_City Council Proceedings 12 16 13CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on December 16, 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
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Connors. Council Member Resnick requested ( #20) Family Self -
Sufficiency Coordinators Funding be held for separate discussion. Motion carried 7 -0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 11/5, Catfish
Creek Watershed Management Authority of 10/22, City Council proceedings of 12/2, Civil Service
Commission of 11/11, Housing Commission of 10/22, Human Rights Commission of 11/18,
Library Board of Trustees of 10/24, Long Range Planning Advisory Commission of 11/20, Zoning
Advisory Commission of 12/4, Zoning Board of Adjustment of 11/21, Proof of Publication for City
Council proceedings of 11/18. Upon motion the documents were received and filed.
Notice of Claims and Suits: Melissa Gilstrap for property damage, Dawn Sheffer 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: Melissa
Gilstrap for property damage and Dawn Sheffer for vehicle damage. Upon motion the documents
were received, filed and concurred.
Bee Branch Creek Watershed Flood Mitigation Project: City Manager transmitting the Bee
Branch Creek Watershed Flood Mitigation Project Brochure. Upon motion the documents were
received and filed.
Fiscal Year 2015 Annual Tax Increment Financing (TIF) Report: City Manager transmitting the
Annual Tax Increment Financing (TIF) Report that has been filed with Dubuque County Auditor
Denise Dolan. Upon motion the documents were received and filed.
Human Rights Commission: Commissioner Michael Elliott submitting his resignation from the
Human Rights Commission. Upon motion the documents were received, filed and the resignation
accepted.
Housing Commission: Commissioner Judie Root submitting her resignation from the Housing
Commission. Upon motion the documents were received, filed and the resignation accepted.
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Civil Service Commission: Civil Service Commission submitting the certified list for the position
of Foreman. Upon motion the documents were received, filed and made a Matter of Record.
Final Plat - Brunskill Street Place No. 2: Zoning Advisory Commission recommending approval
of the final plat for Brunskill Street Place No 2 subject to waiving the lot frontage requirements for
Lots 2 through 6. Upon motion the documents were received and filed and Resolution No. 349 -13
Approving the final Plat of Brunskill Street Place No. 2 in the City of Dubuque, Iowa, was adopted.
Final Plat - Freedom Ridge Estates Plat 2: Zoning Advisory Commission recommending
approval of the final plat for Freedom Ridge Estates Plat 2 subject to waiving lot frontage for Lots
1, 2, and 4. Upon motion the documents were received and filed and Resolution No. 350 -13
Approving the Final Plat Freedom Ridge Estates, Plat 2, in the City of Dubuque, Iowa, was
adopted.
Final Plat - Katra Subdivision: City Manager recommending approval of the Final Plat of Katra
Subdivision, subject to allowing a 22 -foot paving width for Katra Court, a 25.88 -foot lot frontage for
Lot 5, and waiving Sections 11 -20 Water Supply 11 -21 Sanitary Sewer, 11 -23 Obligation to Install
Improvements, and 11 -24 Improvement Guarantees. Upon motion the documents were received
and filed and Resolution No. 351 -13 Approving the Final Plat of Katra Subdivision in Dubuque
County, Iowa, was adopted.
Freedom Ridge Estates Pre - Annexation Agreement: City Manager recommending approval of
a Pre - Annexation Agreement with John and Tina Perry, property owners of 10600 Freedom Ridge
Drive. Upon motion the documents were received and filed and Resolution No. 352 -13 Approving
a Pre - Annexation Agreement between the City of Dubuque, Iowa and John W. and Tina M. Perry
was adopted.
IDOT Excess Right -of -Way Acceptance of Patent - Curtis and Bryant Streets: City Manager
recommending acceptance of the Patent from the State of Iowa conveying four remnant parcels at
Curtis and Bryant Streets to the City of Dubuque. Upon motion the documents were received and
filed and Resolution No. 353 -13 Accepting a conveyance of property (Lots E, F, G, and H in
Bonson & Stewart's Subdivision in the City of Dubuque, Dubuque County, Iowa) was adopted.
Seippel Road Commercial Park - Acceptance of Public Improvements: City Manager
recommending acceptance of the public improvements that the developer, Seippel Road, LLC,
has recently completed in Seippel Road Commercial Park Subdivision. Upon motion the
documents were received and filed and Resolution No. 354 -13 Accepting public improvements in
Seippel Road Commercial Park Subdivision in the City of Dubuque, Iowa, was adopted.
Thirty -Inch Force Main Project Phase I Acceptance: City Manager recommending acceptance
of the construction contract for Phase I of the 30 -Inch Force Main Relocation Project from 9th
Street to 11th Street as completed by Portzen Construction. Upon motion the documents were
received and filed and Resolution No. 355 -13 Accepting Phase I of the 30 -Inch Force Main
Relocation Project from 7th Street to 12th Street and authorizing the payment of the contract
amount to the contractor was adopted.
Jule Transit System ITS Project Acceptance: City Manager recommending acceptance of the
Jule Intelligent Transportation Project as completed by Trapeze Group. Upon motion the
documents were received and filed and Resolution No. 356 -13 Accepting the Jule Intelligent
Transportation (ITS) Project and authorizing the payment of the contract amount to the contractor
was adopted.
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Spahn & Rose vs. City of Dubuque: City Attorney recommending approval of a Release and
Dismissal in the case of Spahn & Rose vs. City of Dubuque related to the 2011 force main break
at the former Public Works Garage. Upon motion the documents were received, filed and
approved.
Iowa Natural Heritage Foundation Warranty Deed: City Attorney recommending approval of a
resolution accepting the Warranty Deed for the former Bottoms property adjacent to the E.B.
Lyons Interpretive Center. Upon motion the documents were received and filed and Resolution
No. 357 -13 Accepting the deed to certain real estate in Dubuque County, Iowa from the Iowa
Natural Heritage Foundation was adopted.
Sustainable Dubuque Monthly Project Status Report: City Manager transmitting the
Sustainable Dubuque Monthly Project Status Report for November 2013. Upon motion the
documents were received and filed.
Family Self- Sufficiency Coordinators Funding: City Manager recommending approval of
additional funding in Fiscal Year 2014 to continue employment of the three Family Self -
Sufficiency Program Coordinators. Motion by Jones to receive and file the documents and
approve the recommendation. Seconded by Resnick. City Manager Van Milligen explained the
nature of the program and its funding stating that future funding will need to be approved through
the City's budget process or the program will not continue. Motion carried 7 -0.
TriState Quality Metals Economic Development Assistance Contract: City Manager
recommending approval of the submission of an Economic Development Assistance Contract by
TriState Quality Metals, LLC, the City of Dubuque and the Iowa Economic Development Authority.
Upon motion the documents were received and filed and Resolution No. 358 -13 Authorizing the
execution of an Economic Development Assistance Contract by TriState Quality Metals, LLC, the
City of Dubuque and the Iowa Economic Development Authority was adopted.
2012 City Council Official Proceedings: City Clerk submitting the Official Proceedings of the
City Council for 2012. Upon motion the documents were received, filed and approved.
Improvement Contracts and Maintenance Bonds: Ted Stackis Construction for the Fire Hydrant
Painting Program Phase 4. 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. 359 -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.
BOARDS /COMMISSIONS
Applications to the following Boards /Commissions were reviewed.
Human Rights Commission: Three 3 -year terms through January 1, 2017 (vacant term of Elliott
and Expiring terms of Beacham and Jackson) Applicants: Andrea Beacham, 1548 Pego Ct.;
Miguel Jackson, 2130 Woodland Dr., Apt 11; Christopher Ostwinkle, Ph.D., 3678 Pennsylvania
Ave., Apt 0 -183
Mediacom Charitable Foundation: Two 1 -year terms through December 31, 2014 (Expiring
terms of Chavenelle and Twining) Applicants: Gail Chavenelle, 1155 Kelly Ln.; Connie Twining,
421 N. Booth St.
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PUBLIC HEARINGS
Voluntary Annexation - Truck Country, 10785 U.S. Highway 61/151: Proof of publication on
notice of public hearing to consider the request by McCoy Family Properties for the voluntary
annexation of territory south of the City, and generally located at Truck Country, 10785 U.S.
Highway 61/151 and the City Manager recommending tabling to the January 6, 2014 meeting.
Motion by Jones to receive and file the documents and table to January 6, 2014. Seconded by
Braig. Motion carried 7 -0.
ACTION ITEMS
50% by 2030 Community Climate Action and Resiliency Plan: City Manager recommending
approval of the final 50% by 2030 Community Climate Action and Resiliency Plan. Motion by
Jones to receive and file and approve the recommendation. Seconded by Braig. Motion carried 7-
0.
Inclusive Dubuque Funding Support: City Manager recommending approval of a request from
Inclusive Dubuque for ongoing support of $75,000 per year to support the implementation of the
Inclusive Dubuque Initiative. Motion by Jones to receive and file the documents and approve the
recommendation. Seconded by Connors. A video of the Inclusive Dubuque kickoff press
conference was presented. Inclusive Dubuque coordinator Jessica Rose responded to questions
about the collective impact model. City Council had discussion on how the funds would be used,
establishing goals, metrics and status reports. Motion carried 7 -0.
Bus Storage and Maintenance Facility: City Manager recommending approval of a budget
scenario and submission of a Surface Transportation Program grant application for the Bus
Storage Maintenance Facility project at the former site of the Public Works Garage, 925 Kerper
Blvd. Motion by Connors to receive and file the documents and adopt Resolution No. 360 -13
Authorizing the filing of a grant application with the Dubuque Metropolitan Area Transportation
Study for Surface Transportation Program Funding for the City of Dubuque (Bus Storage and
Maintenance Facility). Seconded by Braig. Transportation Directory for ECIA Chandra Ravada
and Jule Transit Manager Candace Eudaley provided a slide presentation on the history, current
status, and budget of the project. Motion carried 7 -0.
Code of Ordinances Amendment - Title 7 Hunting and Target Practice: City Manager
recommending approval of an Ordinance to change Section 7- 5A- 16(B)(10) to be consistent with
7- 5A- 16(A)(10) related to target practice. Motion by Connors 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
Jones. Motion carried 7 -0.
Motion by Connors for final consideration and passage of Ordinance No. 55 -13 Amending City
of Dubuque code of Ordinances Title 7 Police, fire, and Public Safety, Chapter 5 Offenses,
Section 7 -5A -16 Hunting and Target Practice Permitted by changing "firearm or other weapon" to
"shotgun" for Code consistency. Seconded by Braig. Motion carried 7 -0.
Code of Ordinances Amendment - Title 9 Motor Vehicles - Overtaking, Passing on Right: City
Manager recommending an ordinance, which amends City of Dubuque Code of Ordinances
Section 9 -7- 321.302: Overtaking, Passing on Right to mirror the Iowa Code. Motion by Connors 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.
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Motion by Connors for final consideration and passage of Ordinance No. 56 -13 Amending City
of Dubuque Code of Ordinances title 9 Motor Vehicles and Traffic, Chapter 7 Operation, Section
9 -7- 321.302 Overtaking, Passing on Right to mirror State Code. Seconded by Braig. Motion
carried 7 -0.
Fire Station No. 4 Improvements - Mechanical and Restroom Upgrade Project Award: City
Manager recommending award of the Fire Station No. 4 Improvements - Mechanical and
Restroom Upgrade Project to Maryville Construction. Motion by Jones to receive and file the
documents and adopt Resolution No. 361 -13 Awarding public improvement project for the Fire
Station No. 4 Mechanical and Restroom Upgrade Project. Seconded by Connors. Motion carried
7 -0.
Jule Transit Facility Roof and Fire Sprinkler Repair Project Award: City Manager
recommending award of the construction documents and construction administration contract to
FEH Associates, Inc. Motion by Jones to receive and file the documents and adopt Resolution No.
362 -13 Awarding construction document preparation and construction administration contract for
the Jule Transit Facility Roof and Sprinkler Repair Project. Seconded by Connors. Motion carried
7 -0.
Request for Work Session - Bee Branch Creek Restoration Project Design: City Manager
requesting a work session on Monday, January 6, 2014 at 5:00 p.m. to discuss design elements
of the Upper Bee Branch Creek Restoration Project. Motion by Braig to receive and file the
documents and set the work session as recommended. Seconded by Connors. Motion carried 7-
0.
Request for Work Session - Design Guidelines Manual: City Manager requesting a work
session for Tuesday, January 21, 2014 at 5:15 p.m. to review the final draft of the design
guidelines manual. Motion by Connors to receive and file the documents and set the work session
as recommended. Seconded by Braig. Motion carried 7 -0.
Request for Work Session - Housing and Community Development: City Manager requesting a
work session for Monday, February 3, 2014 at 5:00 p.m. to provide information on the
organizational changes made in the Housing and Community Development Department. Motion
by Braig to receive and file the documents and set the work session as recommended. Seconded
by Connors. Motion carried 7 -0.
Request for Work Session - Compressed Natural Gas: City Manager requesting a work session
on Monday, February 17, 2014 at 5:00 p.m. to discuss compressed natural gas. Motion by Braig
to receive and file the documents and set the work session as recommended. Seconded by
Connors. Motion carried 7 -0.
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COUNCIL MEMBER REPORTS
Mayor Buol reported on receiving a Christmas card from an anonymous visitor to Dubuque who
commented on the beauty of the city.
CLOSED SESSION
Motion by Jones to convene in closed session at 8:11 p.m. to discuss pending litigation,
property acquisition and law enforcement matters pursuant to Chapter 21.5(1)(c), -(g), -(j) Code of
Iowa. Seconded by Resnick. Motion carried 7 -0.
Upon motion the City Council reconvened in open session at 8:36 p.m. stating that staff had
been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:37 pm.
1t 12/25
/s /Kevin S Firnstahl, CMC
City Clerk
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