Minutes_City Council Proceedings 2 17 14CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:00 p.m. on February 17, 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 Hydraulic Fracturing and Alternative
Fuels.
WORK SESSION
Environmental Stewardship Advisory Commission Report on Hydraulic
Fracturing and Alternative Fuels
Public Works Director Don Vogt provided background and information on the
proposed purchase of compressed natural gas (CNG) refuse vehicles in the
recommended FY 2015 budget and the decision to purchase only diesel vehicles since
research, technology, fuel credits and prices have changed. The department will
continue to explore and compare hybrid vehicles.
Public Health Specialist Mary Rose Corrigan provided a presentation of the hydraulic
fracturing process from the U.S. Environmental Protection Agency's web site.
Environmental Stewardship Advisory Commission Chairperson Mike Buelow reviewed
the Commission's report.
Mr. Vogt, Mr. Buelow; Commissioner Chad Oberdoerster; professor and geologist for
the University of Dubuque Dale Easley responded to questions regarding the drilling
process and materials used, contamination, regulations, vehicle safety, and the history
of "fracking" throughout the country. Paul Schultz, 1008 Victoria PI. addressed the
Council regarding emissions, flow back water storage, and pollution - related issues. City
Manager Van Milligen added information on the City's position for future methane gas
recovery.
The City Council concluded that without more research and an established position
from the U.S. Environmental Protection Agency the City would not pursue the use of
CNG at this time.
There being no further business, upon motion the City Council adjourned at 6:09 p.m.
1 t 2/26
/s /Kevin S. Firnstahl, CMC
City Clerk
1
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on February 17, 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
PROCLAMATION(S)
1. Problem Gambling Awareness Month (March 2014): Postponed to March 3, 2014.
PRESENTATION(S)
1. Environmental Protection Agency (EPA) Smart Growth Award: Assistant City
Manager Teri Goodmann presented the EPA Smart Growth Achievement Award -
Corridor or Neighborhood Revitalization category for the Historic Millwork District and
Washington Neighborhood 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 Resnick. Dwight Duckstein requested that #15.
Zoning Advisory Commission - North Grandview Avenue Parking be held for separate
discussion. Motion carried 7 -0
1. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of
12/17/13; City Council proceedings of 2/3, 2/10; Civic Center Advisory Commission of
1/27; Historic Preservation Commission of 1/16; Historic Preservation Education Task
Force of 2/6; Investment Oversight Advisory Commission of 1/22; Library Board of
Trustees of 12/19/13; Long Range Planning Advisory Commission of 1/15; Zoning
Advisory Commission of 2/5; Proof of Publication for City Council proceedings of 1/21;
Proof of Publication for List of Claims /Summary of Revenues for month ended 12/31/13.
Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Scott Duehr for vehicle damage, Zachary Gries for
property damage, Jerry Grutz for property damage, Kischel Harris for personal injury
and property damage (2), Jeffrey Herbst for vehicle damage, Mary Heister /State Farm
Mutual for vehicle damage, Mark Matel for vehicle damage, Jason McCann for vehicle
damage, James Pancratz for vehicle damage, Michael Pancratz for vehicle damage,
2
Ann Powell for vehicle damage, James Thill for vehicle damage; Jeff Tracy for vehicle
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: Scott Duehr for vehicle damage, Jerry Grutz for property damage,
Kischel Harris for personal injury and property damage (2), Mary Heister for vehicle
damage, Jeffrey Herbst for vehicle damage, Interstate Power & Light for property
damage, Robert Lange for vehicle damage, Ryan Leick for vehicle damage, Mark Matel
for vehicle damage, Jason McCann for vehicle damage, James Pancratz for vehicle
damage. Upon motion the documents were received, filed and concurred.
4. Environmental Protection Agency (EPA) - Notice of Stipulation of Settlement: City
Attorney advising that the Environmental Protection Agency (EPA) is rescinding its
demand for a stipulated penalty for the April 19, 2013 sanitary sewer overflow. Upon
motion the documents were received and filed.
5. Environmental Protection Agency (EPA) Education Grant: City Manager
recommending approval of a Letter of Commitment and partnership with the University
of Iowa in the EPA Environmental Education Grant Application for air quality. Upon
motion the documents were received, filed and approved.
6. Sustainable Dubuque Monthly Project Status Report: City Manager transmitting
the Sustainable Dubuque Monthly Project Status Report for January 2014. Upon motion
the documents were received and filed.
7. 2014 Federal Legislative Priorities: City Manager recommending adoption of the
2014 Federal Legislative Priorities. Upon motion the documents were received, filed and
approved.
8. Certified Local Government (CLG) Annual Report: City Manager transmitting the
2013 Certified Local Government (CLG) Annual Report. Upon motion the documents
were received and filed.
9. Iowa Utilities Board - Distributed Generation Letter of Support: City of Dubuque
letter to the Iowa Utilities Board in support of distributed generation policies and
standards. Upon motion the documents were received, filed and approved.
10. CIPP Lining Project Acceptance: City Manager recommending acceptance of the
construction contract for the FY 2013 and FY 2014 Sanitary Sewer Cured -in -Place Pipe
(CIPP) Lining Project, as completed by Visu Sewer Clean and Seal. Upon motion the
documents were received and filed and Resolution No. 34 -14 Accepting the Sanitary
Sewer Cured -in -Place Pipe Lining Project and authorizing the payment to the contractor
was adopted.
11. Grand River Center Floor Settlement Remediation Project Acceptance: City
Manager recommending acceptance of the construction contract for the Grand River
3
Convention Center — Floor Settlement Remediation Project as completed by Hayward
Baker. Upon motion the documents were received and filed and Resolution No. 35 -14
Accepting the Grand River Convention Center Floor Settlement Remediation Project
and authorizing the payment of the contract amount to the contractor was adopted.
12. Catfish Station Electrical Repairs FEMA - Project Acceptance: City Manager
recommending acceptance of the construction contract for the Catfish Station Electrical
Repairs FEMA project as completed by A &G Electric. Upon motion the documents were
received and filed and Resolution No. 36 -14 Accepting the Catfish Station Electrical
Repairs FEMA and authorizing the payment of the contract amount to the contractor
was adopted.
13. Urban Revitalization Program 2013 Applications: City Manager recommending
approval of 13 applications for residential property tax exemption. Upon motion the
documents were received and filed and Resolution No. 37 -14 Approving property tax
abatement applications submitted by property owners in recognized Urban
Revitalization areas and authorizing the transmittal of the approved applications to the
City Assessor was adopted.
14. Financial Advisor Contract Amendment: City Manager recommending approval of
a contract amendment with the City's Financial Advisor, Piper Jaffray. Upon motion the
documents were received, filed and approved.
15. Zoning Advisory Commission - North Grandview Avenue Parking: Zoning
Advisory Commission requesting consideration of removing the on- street parking
spaces along the east side of North Grandview Avenue between 3rd Street and the
intersection at Grandview Avenue, Delhi and Grace Streets. Director of Facilities for
Finely Hospital Dwight Duckstein spoke in support of the request. Motion by Jones to
receive and file and refer to the City Manager. Seconded by Connors. Motion carried 7-
0.
16. Paragon Square, LLC - Rescinding Development Agreement: City Manager
recommending rescinding Resolution No. 281 -11, which approved the Development
Agreement with Paragon Square, LLC for property located at 2887 and 2901 Central
Avenue. Upon motion the documents were received and filed and Resolution No. 38 -14
Rescinding Resolution No. 281 -11, which approved the Development Agreement with
paragon Square, LLC for the property located at 2887 and 2901 Central Avenue was
adopted.
17. Iowa Department of Transportation PCC Patching: Correspondence from the
Iowa Department of Transportation notifying the City of Dubuque that it proposes to let
three PCC patching projects on April 15, 2014 on areas of US Hwy 20, Iowa 32 and US
Hwy 61. Upon motion the document was received and filed.
18. Stipulation of Settlements - US Bank Property Tax Appeals: City Attorney
recommending approval of Stipulation of Settlements regarding two tax assessment
appeals filed by US Bank NA. Upon motion the documents were received, filed and
approved.
4
19. Worker Adjustment and Retraining Notification (WARN) - Jeld -Wen, Inc.:
Correspondence from Jeld -Wen, Inc., notifying the City of Dubuque that it will
experience permanent closure of its facility at 250 East 8th Street on March 28, 2014.
Upon motion the documents were received and filed.
20. Cornerstone Government Affairs Service Agreement: City Manager
recommending approval of an agreement with Cornerstone Government Affairs, LLC to
assist the City in pursuit of the elimination of pari - mutuel greyhound dog racing in
Dubuque. Upon motion the documents were received, filed and approved.
21. Progressive Processing, LLC: City Manager recommending authorization of the
submission of an Economic Development Assistance Contract by Progressive
Processing, LLC (a subsidiary of Hormel Foods Corporation), the City of Dubuque and
the Iowa Economic Development Authority. Upon motion the documents were received
and filed and Resolution No. 39 -14 Authorizing the execution of an Economic
Development Assistance Contract by Progressive Processing, LLC, the City of
Dubuque, and the Iowa Economic Development Authority was adopted.
22. Signed Contracts: Partnership Agreement with Global Green USA. Upon motion
the document was received and filed.
23. Alcohol Compliance Civil Penalty for Alcohol License Holders - Main Street Steak
and Chophouse: City Manager recommending approval of the
Acknowledgment /Settlement Agreement for an alcohol compliance violation for Main
Street Steak and Chophouse, 342 Main Street. Upon motion the documents were
received, filed and approved.
24. 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. 40 -14 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.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Connors to receive and file the documents, adopt the resolutions, set the
public hearings as indicated, and direct the City Clerk to publish notice as prescribed by
law. Seconded by Jones. Motion carried 7 -0.
1. Fiscal Year 2015 Recommended Budget as Amended: City Manager
recommending that the City Council set a public hearing for March 5, 2014, on the
Fiscal Year 2015 City budget, Operating and Capital Improvement Program as
amended for the City of Dubuque.
City Manager recommending that the City Council set a public hearing for March 5,
2014 to consider a fare increase for the Jule Transit System.
Public Works Director providing information regarding a budget request to purchase
two compressed natural gas (CNG) solid waste collection vehicles in Fiscal Year 2015.
5
Transit Advisory Board submitting a letter of support for the proposed fare increase.
Upon motion the documents were received and filed and Resolution No. 41 -14
Setting the date for the public hearing on the Fiscal Year 2015 Budget as amended for
the City of Dubuque; Resolution No. 42 -14 Setting the date for the public hearing on the
Five -Year Capital Improvement Program as amended for Fiscal Years 2015 through
2019 for the City of Dubuque; and Resolution No. 43 -14 Setting the date for a public
hearing on the Transit Fixed -Route and Paratransit fare increase were adopted setting a
public hearing for a meeting to commence at 6:30 p.m. on March 5, 2014 in the Historic
Federal Building.
2. Iowa and Locust Streets Parking Ramp Repair Project: City Manager
recommending approval of the initiation of the bidding process for the Iowa and Locust
Streets Parking Ramp Repair Project, preliminary approval of the construction plans
and specifications and the Resolution of Necessity, and further recommends that a
public hearing be set for March 3, 2014. Upon motion the documents were received and
filed and Resolution No. 44 -14 Preliminary approval of plans, specifications, form of
contract, and estimated cost; setting date of public hearing on plans, specifications,
form of contract, and estimated cost; and ordering the advertisement for bids was
adopted setting a public hearing for a meeting to commence at 6:30 p.m. on March 3,
2014 in the Historic Federal Building.
BOARDS /COMMISSIONS
Applicants were invited to address the City Council regarding appointment to the
following Boards /Commissions:
1. Civic Center Advisory Commission: One, 3 -year term through June 29, 2016
(Expired term of Hill). Applicants: McKenzie Hill, 394 1/2 Bluff St., #2;
2. Housing Code Appeals Board: One, 3 -year term through January 11, 2017
(Expired term of Young). Applicants: David Young, 1594 Central Ave.;
3. Mechanical Board: Two, 3 -year terms through March 16, 2017 (Expiring terms of
Giese and Hillard). Applicants: Tom Giese, 395 Villa St.; Gary Hillard, 2826 Muscatine
St.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council on the following:
1. Request to Rezone - 1342 Forest Lane: Proof of publication on notice of public
hearing to consider a request by DeeAnn Ballard, 1342 Forest Lane, to rezone property
from R -2 Two Family Residential to OR Office Residential and the Zoning Advisory
Commission recommending approval. 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. Planning Services Manager Laura Carstens
provided a staff report and responded to Council concerns about how the rezoning
would impact future businesses in this location. Ms. Ballard stated that she's been in
business for 21 years and parking would consist of one to two cars for client
6
appointments and overlap adding that she has off - street /driveway parking. Motion
carried 7 -0.
Motion by Connors for final consideration and passage of Ordinance No. 13 -14
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by reclassifying hereinafter described property located at 1342 Forest Lane from
R -2 Two - Family residential District to OR Office Residential District. Seconded by Braig.
Motion carried 7 -0.
2. Request to Amend Institutional District - 350 North Grandview Avenue: Proof of
publication on notice of public hearing to consider a request by Finley Hospital, 350
North Grandview Avenue, to amend the Finley Hospital Institutional District to permit the
construction of a 25,000 square -foot, four -story addition to the west side of the hospital
building 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. Planning
Services Manager Laura Carstens provided staff report. Dwight Duckstein, Facilities
Manager for Finley Hospital stated that there are current plans to move the helipad but
could become a roof -top pad in the future. Motion carried 6 -0 with Lynch abstaining
stating that he is on the Finley Hospital Board of Directors.
Motion by Jones for final consideration and passage of Ordinance No. 14 -14
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by providing for the amendment of Ordinances 35 -93, 59 -00, and 5 -05 and
approval of an amended Campus Development Plan for the Finley Hospital Institutional
District. Seconded by Resnick. Motion carried 6 -0 with Lynch abstaining.
3. Sales Tax Increment Revenue Bonds (Flood Mitigation Program): Proof of
publication on notice of public hearing to consider the issuance of Not to Exceed
$29,000,000 Sales Tax Increment Revenue Bonds (Flood Mitigation Program) and the
City Manager recommending approval. Motion by Jones to receive and file the
documents and adopt Resolution No. 45 -14 Instituting proceedings to take additional
action for the issuance of not to exceed $29,000,000 Sales Tax Increment Revenue
Bonds. Seconded by Connors. Motion carried 7 -0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1. Citizen Petition - St. Ambrose Street Parking: Sharon Hienz submitting a citizen
petition and requesting to address the Council on behalf of residents of St. Ambrose
Street regarding placing restrictions on residential parking due to issues with Sr. High
School. Motion by Braig to receive and file the document and refer to the City Manager.
Seconded by Jones. Motion carried 7 -0.
2. SRF Green Alley Bid Set 1 Project Award: City Manager recommending award of
the contract for the SRF Green Alley Bid Set 1 Project to the low bidder East Iowa
Construction. Motion by Jones to receive and file the documents and adopt Resolution
7
No. 46 -14 Awarding the public improvement contract for the SRF Green Alley Bid Set 1
Project. Seconded by Connors. Motion carried 7 -0.
3. Request to Rezone - 1060 Edina Street (Third Reading): Request by John & Angie
Long; Ron & Denise Reeg to rezone property located at 1060 Edina (Parcels 10 -23-
477 -006 & 10 -23- 477 -007) from R -1, Single Family Residential Zoning District, to R -2,
Two - Family Residential Zoning District and the Zoning Advisory Commission
recommending approval. Motion by Jones for final consideration and passage of
Ordinance No. 15 -15 Amending Title 16 of the City of Dubuque Code of Ordinances,
Unified Development Code, by reclassifying hereinafter described property located at
1060 Edina from R -1 Single - Family Residential District to R -2 Two - Family Residential
District. Seconded by Connors. Motion carried 6 -1 with Resnick voting nay.
4. Sustainable Dubuque Community Grant Recommendations: City Manager
recommending funding of six Sustainable Dubuque Community grant applications.
Motion by Connors to receive and file the documents and approve the recommendation.
Seconded by Braig. Motion carried 7 -0.
5. Storm Water Utility Revenue Capital Loan Notes, $1,029,000 Taxable Series
2014A (State of Iowa Revolving Fund Loan): City Manager providing the suggested
proceedings to authorize issuance of $1,029,000 Storm Water Utility Revenue Capital
Loan Notes, Taxable Series 2014A (State of Iowa Revolving Fund Loan) through the
Iowa Water Pollution Control Works Financing Program. Motion by Braig to receive and
file the documents and adopt Resolution No. 47 -14 Approving and authorizing the Form
of Loan and Disbursement Agreement by and between the City of Dubuque and the
Iowa Finance Authority, and authorizing and providing for the issuance and securing the
payment of $1,029,000 Storm Water Utility Revenue Capital Loan Notes, Taxable
Series 2014A, of the City of Dubuque, Iowa, under the provisions of the Code of Iowa,
and providing for a method of payment of said Notes. Seconded by Connors. Motion
carried 7 -0.
6. Iowa Statewide Urban Design and Specifications Program (SUDAS): City Manager
recommending that the City Council formally adopt the Iowa Statewide Urban Design
and Specifications Program, commonly known as SUDAS. Motion by Lynch to receive
and file the documents and adopt Resolution No. 48 -14 Approving adoption of the Iowa
Statewide Urban Design and Specifications Program for Public Works Improvements.
Seconded by Jones. Motion carried 7 -0.
7. Request for Work Session - Sustainable Dubuque Quarterly Work Session: City
Manager requesting that the City Council schedule the quarterly Sustainable Dubuque
Work Session for Monday, April 21, at 5:00 p.m. Motion by Braig to receive and file the
documents and set the public hearing as recommended. Seconded by Resnick. Motion
carried 7 -0.
8
8. Fiscal Year 2014 Budget Correction: City Manager recommending options for
Fiscal Year 2014 Operating and Capital Budget shortfall. Motion by Jones to receive
and file the documents and for Council members to provide their recommendations for
the April 7, 2014 meeting when the public hearing on the budget amendment will be set.
Seconded by Lynch. Motion carried 7 -0.
COUNCIL MEMBER REPORTS
Council Member Resnick thanked the citizens of Dubuque for helping each other
through the recent weather conditions and cautioned safety.
Council Member Jones acknowledged George Maruyama, a long -time Kiwanis
member, Mason, church leader, and Scout leader who is moving to St. Paul. MN.
Mayor Buol expressed condolences on behalf of the City Council to the family of Ron
Smith, a 16 -year member of the Zoning Advisory Commission who passed away
February 8.
PUBLIC INPUT
Jacob Long, 4606 Cardinal Drive addressed the Council stating that he had concerns
about the petitions recently submitted to Council related to the sale of firearms as a
home -base business, voting to remove conditions for home -based businesses and
ensuring the interest rate on bond issuances. Council Member Connors addressed the
petition submitted by the Sisters of St. Francis. City Manager Van Milligen stated that
bonds are not subject to a variable interest rate.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:46 p.m. to discuss pending
litigation and property acquisition pursuant to Chapter 21.5(1)(c), -(j) of the Code of
Iowa. Seconded by Resnick. Motion carried 7 -0.
Upon motion the City Council reconvened in open session at 8:21 p.m. stating that
staff had been given property direction.
There being no further business, upon motion the City Council adjourned at 8:22 p.m.
1 t 2/26
/s /Kevin S. Firnstahl, CMC
City Clerk
9