Minutes_City Council Proceedings 1 6 14CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:00 p.m. on January 6, 2014 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 special session of the City Council called
for the purpose of conducting a work session on the Upper Bee Branch Creek
Restoration Project Design.
WORK SESSION
Upper Bee Branch Creek Restoration Project Design
Civil Engineers Deron Muehring and Steve Brown; and Mike Jansen, Mike Bridwell,
and Shane Burrow of IIW Engineers and Surveyors, provided a slide presentation on
the Upper Bee Branch Creek Restoration Project design. Highlights included:
• Bee Branch Creek Restoration & Gateway
o current concept and development images
o phases 4 & 7 of the Bee Branch Watershed Flood Mitigation Project
o conceptual design
o phases of Lower Bee Branch construction
o scenic overlooks, floating island
• Upper Bee Branch Creek Restoration Project
o level control facility phases I & II
o biofield and boardwalk
o bridges, footbridges and amphitheater
o low- volume drip irrigation system
O orchard
O off - street parking nodes and permeable pavements
o sediment management
o typical creek cross section
o headwaters junction and structure
o hike /bike trails and nodes
o landscaping and plantings
o park fixtures, embankment slides, flags
o safety pier
o drinking fountains and lighting
o interpretive signs
o emergency call boxes and security cameras
There being no further business, upon motion the City Council adjourned at 6:08 p.m.
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/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 January 6, 2014 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
SWEARING IN
Swearing In of Elected Officials & Mayor Pro Tem
Mayor Roy D. Buol
Ric W. Jones - Council Member At Large
Kevin J. Lynch - Council Member First Ward
Joyce E. Connors - Council Member Third Ward
David T. Resnick - Mayor Pro Tem
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.
1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of
11/26, City Council proceedings of 12/16/13, Community Development Advisory
Commission of 12/18, Library Board of Trustees of 11/21, Sister City Relationships
Advisory Commission of 12/11, Proof of Publication for City Council Proceedings of 12/2
and 12/16, Proof of Publication for List of Claims and Summary of Revenues for Month
Ending 11/30. Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Claim by William David for personal injury, Birgit
Siegert for vehicle damage, Tschiggfrie Excavating Company for labor and /or materials
and Gloria Williams for property damage. Upon motion the documents were received,
filed and referred to the City Attorney.
3. 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: William David for personal injury, Birgit Siegert for vehicle damage,
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and Gloria Williams for property damage. Upon motion the documents were received,
filed and concurred.
4. Nigerian Consulate Expression of Appreciation: Correspondence from Nigerian
Ambassador Geoffrey I. Teneilabe expressing appreciation for his recent visit to
Dubuque and presentation at the Multicultural Family Center. Upon motion the
documents were received and filed.
5. MidAmerica Economic Development Council Awards: City Manager transmitting
the program from the MidAmerica Economic Development Council annual Economic
Development awards, which highlights Greater Dubuque Development Corporation's
awards for Business Retention & Expansion and Workforce Development. Upon motion
the documents were received and filed.
6. Request for Proposals — Collective Impact Volunteering Outreach Strategy: City
Manager recommending approval of the release of a Request for Proposals for the
development of a brand and outreach strategy for collective impact volunteering under
the Volunteer Generation Fund Grant. Upon motion the documents were received, filed
and approved.
7. Safety Consulting Services: City Manager recommending approval of the selection
of TRICOR Safety Consulting to conduct an assessment and authorization for the City
Manager to execute the Service Agreement. Upon motion the documents were
received, filed and approved.
8. Hwy. 151/61 S. Grandview Avenue Overpass Water Main Relocation Project
Acceptance: City Manager recommending acceptance of the construction contract for
the Hwy. 151/61 S. Grandview Avenue Overpass Water Main Relocation Project, as
completed by Tschiggfrie Excavating Company. Upon motion the documents were
received and filed and Resolution No. 1 -14 Accepting the Hwy. 151/61 Grandview
Avenue Overpass Water Main Relocation Project and authorizing the payment of the
contract amount to the contractor was adopted.
9. Kennedy Mall, Ltd., Acceptance of Utility Easement: City Manager recommending
approval of a resolution accepting the Grant of Utility Easement from Kennedy Mall,
Ltd., for the JFK and Wacker Drive Intersection Improvements Traffic Signalization
Project scheduled for construction in the spring of 2014. Upon motion the documents
were received and filed and Resolution No. 2 -14 Accepting the grant of utility easement
through, and over and across a part of Lot 1- 1 -1 -1 -1 of Hawkeye Stock Farm in
Sections 27 and 28, Dubuque Township, in the City of Dubuque, Dubuque County,
Iowa, was adopted.
10. Iowa Department of Economic Development: Correspondence from the Iowa
Department of Economic Development advising the City of an amendment to
Community Block Grant Program Contract 08 -DRH -212 related to the Caradco Building
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and a technical correction to Amendment No. 5 related to the Linseed Oil Building.
Upon motion the documents were received and filed.
11. Novelty Iron Landlord - Amendment to Development Agreement: City Manager
recommending approval of a Second Amendment to Development Agreement with
Novelty Iron Landlord, LLC. Upon motion the documents were received and filed and
Resolution No. 3 -14 Approving the Second Amendment to the Development Agreement
between the City of Dubuque, Iowa, and Novelty Iron Landlord, LLC was adopted.
12. Global Green Grant Application: City Manager recommending approval of the
submission of a Sustainable Neighborhood Assessment Grant for the Washington
Neighborhood. Upon motion the documents were received, filed and approved.
13. Mediacom Communications Company: Correspondence from Lee Grassley,
Senior Manager of Government Relations for Mediacom Communications Company
informing the City of rate adjustments being implemented on or about February 1, 2014
in addition to more transparency on cable bills related to how specific fees are shown.
Upon motion the documents were received and filed.
14. City Assessor's Office: Communication from City Assessor Rick Engelken
advising the City of additional property tax appeals going before the Property
Assessment Appeal Board and District Court. Upon motion the documents were
received and filed.
15. Business License Refund: Request from Rainbo Oil Company for a refund of the
liquor license for Kwik Stop, 1200 Cedar Cross Road, in the amount of $100. Upon
motion the documents were received, filed and approved.
BOARDS /COMMISSIONS
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. Motion by Lynch to appoint
Andrea Beacham, Miguel Jackson, and Christopher Ostwinkle to 3 -year terms through
January 1, 2017. Seconded by Braig. Motion carried 7 -0.
Mediacom Charitable Foundation: Two 1 -year terms through December 31, 2014
(Expiring terms of Chavenelle and Twining). Applicants: Gail Chavenelle, 1155 Kelly
Ln.; and Connie Twining, 421 N. Booth St. Motion by Braig to appoint Gail Chavenelle
and Connie Twining to 1 -year terms through December 31, 2014. Seconded by
Resnick. Motion carried 7 -0.
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PUBLIC HEARINGS
Motion by Jones to remove Item #2 Voluntary Annexation - Truck Country, 10785
U.S. Highway 61/151 from the table. Seconded by Connors. Motion carried 7 -0.
Upon motion the rules were suspended allowing anyone present to address the City
Council.
1. Request to Rezone - Truck Country, 10785 U.S. Route 61: Proof of publication on
notice of public hearing to consider a request by McCoy Family Properties to zone
property at 10785 U.S. Route 61 pending annexation from Dubuque County B1,
Business Zoning District to City of Dubuque C -3 General Commercial Zoning District
and the Zoning Advisory Commission recommending approval. Motion by Jones 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 Resnick. Attorney Peter Arling
spoke in favor of the rezoning on behalf of McCoy Family Properties. Planning Services
Manager Laura Carstens provided a staff report. Motion carried 7 -0.
Motion by Jones for final consideration and passage of Ordinance No. 1 -14
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located at 10785 Highway 61
South from County B -1 Business Districts to City of Dubuque C -3 General Commercial
District, concurrent with annexation. Seconded by Resnick. Motion carried 7 -0.
2. Voluntary Annexation - Truck Country, 10785 U.S. Highway 61/151 (Tabled from
December 16, 2013 meeting): 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 approval. Motion by Connors to receive
and file the documents and adopt Resolution No. 4 -14 Approving an application for
voluntary annexation of territory to the City of Dubuque, Iowa. Seconded by Braig.
Motion carried 7 -0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1. Greater Dubuque Development Corporation - Quarterly Update: President and
CEO Rick Dickinson presented a verbal update on the activities of the Greater Dubuque
Development Corporation. Motion by Lynch to receive and file the information.
Seconded by Braig. Motion carried 7 -0. Mr. Dickinson congratulated the newly elected
official and noted GDDC's new office location in the Schmidt Innovation Center, 900
Jackson Street. Mr. Dickinson focused on the five -year anniversary of IBM's move to
Dubuque addressing the City's commitment to the project, realization of the Roshek
Building restoration, IBM's payroll contribution to the community, regional hub effects on
job growth, population, housing price points and the average wage.
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2. America's River Festival Funding Request: City Manager recommending approval
of a request from the America's River Corporation for the City of Dubuque to provide aid
in offsetting the 2013 America's River Festival shortfall with a contribution from the City.
Motion by Connors receive and file the documents and approve the recommendation.
Seconded by Jones. Motion carried 5 -2 with Resnick and Sutton voting nay.
3. Fiscal Year 2015 Budget and Fiscal Policy Guidelines: City Manager
recommending adoption of the Fiscal Year 2015 Budget and Fiscal Policy Guidelines.
Motion by Connors to receive and file the documents and approve the recommendation.
Seconded by Braig. Motion carried 6 -1 with Resnick voting nay.
4. Code of Ordinances Amendment - Title 4 Business and License Regulations: City
Manager recommending approval of revisions to the City of Dubuque Code of
Ordinances relating to Pawn /Secondhand Dealers and Junk /Salvage Operators. Motion
by Lynch 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.
Motion by Lynch for final consideration and passage of Ordinance No. 2 -14
Amending City of Dubuque Code of Ordinances Title 4 Business and License
Regulations, Chapter 6 Pawnbrokers and Secondhand Dealers; Junk and Auto Salvage
Dealers by Amending the Proof of Financial Responsibility. Seconded by Braig. Motion
carried 7 -0.
5. Code of Ordinances Amendment - Title 9 Operating Without Registration: City
Manager recommending approval of an amendment to City of Dubuque Code of
Ordinances Section 9 -4- 321.98: Operation without Registration, to make it consistent
with the State Code. Motion by Lynch 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 Connors. Motion carried 7 -0.
Motion by Lynch for final consideration and passage of Ordinance No. 3 -14
Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic,
Chapter 4 Driver's Licenses, Division 1 Generally, Section 9 -4- 321.98 Operation
Without Registration to Mirror the State Code. Seconded by Braig. Motion carried 7 -0.
6. Dubuque County Early Childhood Board: Correspondence from Director Sherri
Edwards inviting a member of the City Council to serve on the Dubuque County Early
Childhood Board. Motion by Braig to receive and file the documents and she will
volunteer for the position. Seconded by Resnick. Motion carried 7 -0.
7. Operation New View Board Member Appointments: Correspondence from M.
Thomas Stovall, Executive Director of Operation: New View Community Action Agency,
requesting that the City make appointments to the Board of Directors at the first meeting
in January 2014 (currently City Council Members Lynn Sutton and David Resnick), and
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a representative appointed by the City Manager (currently Alvin Nash). Motion by
Connors to receive and file the documents and re- appoint Council Members Resnick
and Sutton. Seconded by Lynch. Motion carried 7 -0.
COUNCIL MEMBER REPORTS
Mayor Buol reported on the resent passing of Arnie Honkamp.
PUBLIC INPUT
Jacob Long, 4606 Cardinal Drive, addressed the City Council regarding what he
believes is a lack of Council communication with individuals and business owners
affected by the Bee Branch Creek Restoration Project, accessibility issues he cites with
the new public restrooms at 5th and Bluff Streets, and the percent of food stamp
customers he feels is disparate with economic development.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:50 p.m. to discuss pending
litigation and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa.
Seconded by Braig. Motion carried 7 -0.
Upon motion, the City Council reconvened in open session at 9:11 p.m., stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 9:12 p.m.
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/s /Kevin S. Firnstahl, CMC
City Clerk
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