Minutes_City Council Proceedings 4 7 14CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:00 p.m. on April 7, 2014 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Connors, Jones, Lynch, Resnick, Sutton; City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Braig
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 community engagement.
WORK SESSION
Community Engagement
Community Engagement Coordinator Nikola Pavelic provided a slide presentation on
the process of creating an institutionalized process for community engagement and a
shared understanding between City Council, staff, and community members. Topics
included:
• Reason for robust community engagement process
• Benefits of institutionalized community engagement
• Alignment through coordination
• Current status and process
• What does community engagement looks like?
• Outcomes
• Continuous improvements
• What is community engagement?
• Focus areas and projects
• Research and development
• Internal staff group
• Barriers to institutionalizing and practicing community development
• Human Rights Commission
• Work shops
• Comprehensive plan
• Inclusive Dubuque
City Council had discussion with staff following the presentation.
There being no further business upon motion the City Council adjourned at 6:21 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 special regular at 6:30 p.m. on April 7, 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.
PROCLAMATION(S)
1. Smart Money Week (April 5-12, 2014) was accepted by Michelle Hellmer of the
Carnegie Stout Public Library;
2. Week of the Young Child (April 6-20, 2014) was accepted by Mayor Buol on behalf
of Sherri Edwards, Dubuque County Early Childhood, 2310 Chaney Road.
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: Airport Commission of 3/24; Arts and Cultural
Affairs Advisory Commission of 2/25; Cable TV Commission of 3/5; City Council
proceedings of 3/17; Community Development Advisory Commission of 3/19; Proofs of
Publication for City Council Proceedings of 3/3, 3/5 and 3/17; Proof of Publication for
List of Claims and Summary of Revenues for Month Ending 2/28. Upon motion the
documents were received and filed.
2. Notice of Claims and Suits: Alliant Energy for property damage (2), Ken Dryer for
vehicle damage, Easy Street Bar (David Schmitt) for property damage, Karen
Gabrielson for property damage, Jill O'Malley for vehicle damage, James Ridley for
property damage, Steven Schumacher for property damage, Terra Strohmeyer for
vehicle damage, Wayne Welter 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: Alliant Energy (2) for property damage, Ken Dryer for property
damage, Easy Street Bar (David Schmitt) for property damage, Karen Gabrielson for
property damage, Steven Schumacher for property damage, Terra Strohmeyer for
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vehicle damage, Wayne Welter for property damage. Upon motion the documents were
received, filed and concurred.
4. Code of Ordinances - Adoption of Supplement No. 14: City Clerk recommending
adoption of Supplement No. 14 to the City of Dubuque Code of Ordinances, which
codifies Ordinance Nos. 53-13 through 56-13, 3-14, 6-14, 7-14, 8-14, and 11-14 as
adopted by the City Council and enacted through February 17, 2014. Upon motion the
documents were received and filed and Resolution No. 95-14 Adopting Supplement No.
14 to the Code of Ordinances of the City of Dubuque, Iowa, was adopted.
5. Assistance to Firefighters Grant Application: City Manager recommending approval
of the submission of the Assistance to Firefighters Grant application for 9 tablet
computers (IPad type) and software to be used for building inspections by inspectors in
the Fire Marshal's office and each of the fire companies in the six fire stations. Upon
motion the documents were received, filed and approved.
6. HyVee 2011 Property Tax Appeal - 2395 NW Arterial: City Attorney recommending
approval of a Stipulation of Settlement for the HyVee 2011 Property Tax Appeal for
2395 NW Arterial. Upon motion the documents were received, filed and approved.
7. HyVee 2013 Property Tax Appeal - 2395 NW Arterial: City Attorney recommending
approval of Stipulation of Settlement for the HyVee 2013 Property Tax Appeal for 2395
NW Arterial. Upon motion the documents were received, filed and approved.
8. HyVee 2013 Property Tax Appeal - 300 South Locust: City Attorney
recommending approval of a Stipulation of Settlement for the HyVee 2013 Property Tax
Appeal for 300 South Locust. Upon motion the documents were received, filed and
approved.
9. Dubuque Industrial Center South - Lease Agreement with William Siegert: City
Manager recommending approval of a Farm Lease Agreement with William Siegert for
access to property in the Dubuque Industrial Center South for agricultural purposes.
Upon motion the documents were received and filed and Resolution No. 96-14
Approving a Farm Lease Agreement between the City of Dubuque, Iowa and William
Siegert was adopted.
10. MWH Americas, Inc. - License Agreement: City Manager recommending approval
of a License Agreement for Site Assessment and Remediation by MWH Americas, Inc.
on behalf of MidAmerican Energy Company. Upon motion the documents were
received, filed and approved.
11. Special Assessment - 2272 Central Avenue: City Manager recommending
approval of the Final Assessment Schedule for two properties at 2272 Central Avenue
for the 2013-2014 Snow Removal from City Right -of -Way Program. Upon motion the
documents were received and filed and Resolution No. 97-14 Adopting the Final
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Assessment Schedule for the 2013-2014 Snow Removal Assessment — Right -of -Way
Obstruction Removal Assessment Project was adopted.
12. Burlington Trailways - Purchase of Service Agreement: City Manager
recommending approval of an agreement with Burlington Trailways effective June 1,
2014, until the Intermodal Facility construction is complete. Upon motion the documents
were received, filed and approved.
13. Growing Sustainable Community Conference Contract: City Manager
recommending approval of an agreement with Sustainable City Network, Inc. and
Woodward Communications for co -management of the 7th Annual Growing Sustainable
Communities Conference to be held October 7 and 8, 2014. Upon motion the
documents were received, filed and approved.
14. Gerald Hingtgen et al. vs. City of Dubuque et al.: City Attorney recommending
approval of a Release and Dismissal with Prejudice related to Gerald Hingtgen et al. vs.
City of Dubuque et al. Upon motion the documents were received, filed and approved.
15. Iowa Economic Development Authority - Expansion of Enterprise Zone -1: City
Manager recommending approval of a request to the Iowa Economic Development
Authority for an expansion of the existing Enterprise Zone -1. Upon motion the
documents were received and filed and Resolution No. 98-14 Authorizing a request to
the Iowa Economic Development authority for an expansion of Enterprise Zone - 1 in
the City of Dubuque was adopted.
16. Collective Bargaining Agreement - International Union of Operating Engineers
Local 234: City Manager recommending approval of a three-year collective bargaining
agreement with the International Union of Operating Engineers, Local #234, that
provides for wage increases. Upon motion the documents were received and filed and
Resolution No. 99-14 Approving the agreement between the City of Dubuque, Iowa, and
the International Union of Operating Engineers, Local 234 and authorizing the Mayor to
sign the agreement was adopted.
17. Collective Bargaining Agreement Amendment - Teamsters Local 120: City
Manager recommending approval of an amendment to the Collective Bargaining
Agreement with the Teamsters Union Local 120 to provide for a work week that consists
of ten hours per day and four days per week for the Maintenanceworker, Airfield
Maintenanceworkers and Mechanic assigned to the Airport Department. Upon motion
the documents were received, filed and approved.
18. Mediacom Communications Company: Correspondence from Mediacom
Communications Company advising the City that it will implement a non-standard
converter fee and standardize the electronic reactivation account and electronic change
of service fee on or about May 1, 2014. Upon motion the document was received and
filed.
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19. Dubuque Golf & Country Club - Fireworks Request: Correspondence from
Richard Bugalski, General of the Dubuque Golf & Country Club, requesting permission
to display fireworks on Friday, July 4, 2014 at about 9:30 p.m. on the DG&CC grounds
with a rain date of Saturday, July 5. Upon motion the document was received, filed and
approved.
20. Tri-State Advanced Manufacturing Center of Excellence - Letter of Support: City
Manager recommending approval of a letter of support for Tri-State Advanced
Manufacturing Center of Excellence (being developed by NICC) for designation as a
"manufacturing community." Upon motion the documents were received, filed and
approved.
21. U.S. Department of Housing and Urban Development - Healthy Homes
Production Grant: Correspondence from the U.S. Department of Housing and Urban
Development requesting information required to close out the Healthy Homes
Production Grant. Upon motion the document was received and filed.
22. Tobacco Compliance — Civil Penalty for Tobacco License Holders - AWN Stop
Mart: City Manager recommending approval of the Acknowledgement/Settlement
Agreement for a tobacco compliance violation for AWN Stop Mart, 1998 Jackson Street.
Upon motion the documents were received, filed and approved.
23. Tobacco Compliance — Civil Penalty for Tobacco License Holders - Dave's
Downtown Conoco: City Manager recommending approval of the
Acknowledgement/Settlement Agreement for a tobacco compliance violation for Dave's
Downtown Conoco, 500 Locust Street. Upon motion the documents were received, filed
and approved.
24. Tobacco Compliance — Civil Penalty for Tobacco License Holders - Wayne's
Convenience Store: City Manager recommending approval of the
Acknowledgement/Settlement Agreement for a tobacco compliance violation for
Wayne's Convenience Store, 1965 Central Avenue. Upon motion the documents were
received, filed and approved.
25. Alcohol Compliance Civil Penalty for Alcohol License Holders - Bell Tower
Productions: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Bell Tower Productions, 2728 Asbury
Road. Upon motion the documents were received, filed and approved.
26. Alcohol and Tobacco License Applications: City Manager recommending
approval of annual liquor, beer, wine and tobacco licenses applications as submitted.
Upon motion the documents were received and filed and Resolution No. 100-14A
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; and Resolution
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No. 100-14B Approving applications for retail cigarette/tobacco sales permits, as
required by Iowa Code 453A.47A were 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 indicated, and direct the City Clerk to publish notice as prescribed by
law. Seconded by Connors. Motion carried 7-0.
1. Fiscal Year 2014 Second Budget Amendment: City Manager recommending the
second Fiscal Year 2014 Budget Amendment be set for public hearing for April 21,
2014. Upon motion the documents were received and filed and Resolution No. 101-14
Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2014
Budget for the City of Dubuque was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on April 21, 2014 in the Historic Federal Building.
2. Spahn and Rose Lumber Co. - Development Agreement: City Manager
recommending that a public hearing be set for April 21, 2014 to consider approval of a
Development Agreement between the City of Dubuque and Spahn and Rose Lumber
Co. Upon motion the documents were received and filed and Resolution No. 102-14
Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa on
the proposed issuance of Urban Renewal Tax Increment Revenue Grant Obligations
and the approval of a Development Agreement with Spahn and Rose Lumber Co., and
providing for the publication of notice thereof was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on April 21, 2014 in the Historic Federal Building.
3. SRF Green Alley Project - Bid Set 4: City Manager recommending initiation of the
bidding process for the SRF Green Alley Bid Set 4 Project, and further recommends
that a public hearing be set for May 5, 2014. Upon motion the documents were received
and filed and Resolution No. 103-14 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;
Resolution No. 104-14 Approving the plats, schedule of assessments and estimate of
total cost for the SRF Green Alley Bid Set 4 Project; Resolution No. 105-14 Resolution
of Necessity for the SRF Green Alley Bid Set 4 Project; and Resolution No. 106-14
Fixing date of public hearing on Resolution of Necessity were adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on May 5, 2014 in the Historic Federal
Building.
4. Water Treatment Plant North Softening Basins Rehabilitation Project: City
Manager recommending initiation of the bidding procedure for the Water Treatment
Plant North Softening Basins Rehabilitation Project, and further recommends that a
public hearing be set for May 5, 2014. Upon motion the documents were received and
filed and Resolution No. 107-14 Approval of specifications, form of contract, and
estimated cost for the Water Treatment Plant North Softening Basins Rehabilitation
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Project was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
May 5, 2014 in the Historic Federal Building.
BOARDS/COMMISSIONS
Appointment was made to the following commission:
Sister City Relationship Advisory Commission: One, 3 -year term through February 1,
2017 (Vacant term of Filimonenko). Applicant: Richard Van Iten, 3273 Bittersweet Ln.
Motion by Braig to appoint Richard Van Iten to a 3 -year term through February 1, 2017.
Seconded by Resnick. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing any one present to address the City
Council on the following items:
1. Sale of City Property - 2250 Washington Street: Proof of publication on notice of
public hearing to consider approval of a resolution authorizing the sale of City -owned
real property located at 2250 Washington Street to Jodie L. Evans and the City
Manager recommending approval. Motion by Connors to receive and file the documents
and adopt Resolution No. 108-14 Approving the sale of real estate located at 2250
Washington Street in the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7-
0.
2. HMA Resurfacing Project - White Street from 11th Street to 21st Street: Proof of
publication on notice of public hearing to consider approval of the plans, specifications,
form of contract and estimated cost for the White Street HMA Resurfacing with Milling
Project, from 11th Street to 21st Street and the City Manager recommending approval.
Motion by Lynch to receive and file the documents and adopt Resolution No. 109-14
Approval of plans, specifications, form of contract, and estimated cost for the White
Street HMA Resurfacing with Milling Project, from 11th To 21st Street (Iowa DOT
Project No. NHSN-52-2(132)-2R-31). Seconded by Braig. City Engineer Gus Psihoyos
stated that public informational meetings will be held to keep property owners apprised
of construction details. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1. Purchase of Services Fiscal Year 2015 Grant Funding Recommendation: City
Manager requesting approval of the recommended funding for the Fiscal Year 2015
Purchase of Service Grant applications. Motion by Braig to receive and file the
documents and approve the recommendation. Seconded by Connors. Motion carried 7-
0.
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2. SRF Green Alley Project - Bid Set 2 - Project Award: City Manager recommending
award of the contract for the Award SRF Green Alley Project - Bid Set 2 to the low
bidder Drew Cook and Sons Excavating. Motion by Connors to receive and file the
documents and adopt Resolution No. 110-14 Awarding public improvement contract for
the SRF Green Alley Bid Set 2 Project. Seconded by Jones. Civil Engineer Jon Dienst
stated that contractors are allowed to only work on two -block sections at a time and the
Engineering Department will meet with contractors regarding construction plans. Motion
carried 7-0.
3. SRF Green Alley Project - Bid Set 3 - Project Award: City Manager recommending
award of the contract for the SRF Green Alley Project - Bid Set 3 to the low bidder Drew
Cook and Sons Excavating. Motion by Braig to receive and file the documents and
adopt Resolution No. 111-14 Awarding public improvement contract for the SRF Green
Alley Bid Set 3 Project. Seconded by Connors. Motion carried 7-0.
4. Iowa and Locust Parking Ramp Repair - Project Award: City Manager
recommending award of the contract for the Iowa and Locust Ramp Repair Project to
the low bidder Western Waterproofing Company. Motion by Jones to receive and file the
documents and adopt Resolution No. 112-14 Awarding the public improvement contract
for the Iowa and Locust Parking Ramp Repair Project. Seconded by Resnick. Motion
carried 7-0.
5. Code of Ordinances Amendment - Title 10 Special Events and Waiver Policy: City
Manager recommending approval of changes to the Special Events Permit Ordinance.
Staff will provide a presentation. Assistant City Manager Cindy Steinhauser and
Assistant City Attorney Crenna Brumwell provided a slide presentation on the
background of the special events process and the details of the amendment and
responded to questions from City Council. Art Gilloon, 770 Main Street, addressed the
City Council regarding his concerns and described three scenarios where he believed
First Amendment rights could be jeopardized should the amendment be approved.
Restated motion by Connors to table the proposed ordinance amendment to a City
Council meeting in or about 30 days. Seconded by Braig. Motion carried 7-0.
6. Request for Work Session - Bee Branch Creek Restoration Project: City Manager
requesting a work session be scheduled for Monday, May 5, 2014 at 5:00 p.m. to
discuss the landscaping plan for the Upper Bee Branch Creek Restoration Project.
Motion by Jones to receive and file the documents and schedule the work session as
recommended. Seconded by Braig. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Mayor Buol reported on the success of the recent Chamber of Commerce trip to
Washington D.C. and visit with federal staff.
Council Member Braig expressed her gratitude for living in a city such as Dubuque
following a recent trip to New Delhi, India, where there is limited traffic control, street
lighting and public sanitation.
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PUBLIC INPUT
Jacob Long, 4604 Cardinal Drive, addressed the City Council about his desire to
have the Public Input section of the agenda moved to the beginning of City Council
meetings.
There being no further business, upon motion the City Council adjourned at 7:55 p.m.
1t 4/16
/s/Kevin S. Firnstahl, CMC
City Clerk
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