Minutes_City Council Proceedings 6 2 14CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:00 p.m. on June 2, 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 Chaplain Schmitt Island Master Plan.
WORK SESSION
Chaplain Schmitt Island Master Plan
Planning Services Manager Laura Carstens, Andrew Desdner of Cunningham Group,
and Chris Brewer of AECOM, provided a slide presentation on the Chaplain Schmitt
Island Master Plan. Topics included:
• Purpose of the Master Plan
• Process: stakeholders, regulating agencies, project schedule
• History of Chaplain Schmitt Island
• Island in the River: geography/topography, wildlife
• Island in the City: proximity to neighborhoods & city development, leases
• Current island character
• Questions and Challenges: current leaseholders, casino attraction, natural island
qualities, defining a unique sense of place
• Goals: connect to riverfront and the water, island environment, visiting in any
season
• Existing conditions and proposed development for three areas: recreation
channel, island resort, marina village
City Council had discussion with the presenters following the presentation.
There being no further business, upon motion the City Council adjourned at 6:05 p.m.
/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 June 2, 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)
Juneteenth Day (June 14, 2014) was accepted by SheIli Glover of the Multicultural
Family Center, 1157 Central Avenue;
LGBT Pride Month (June 2014) was accepted by Brad Wilson, 201 W. 17th Street on
behalf of Dubuque Pride.
PRESENTATION(S)
Alliant Energy Excellence in Energy Efficiency Award Presentation and Renewable
Rebate Check for the Water & Resource Recovery Center's Anaerobic Digestion &
Microturbine Project was presented by Craig Clefisch of Alliant Energy.
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: City Council proceedings of 5/19, Historic
Preservation Commission of 5/17, Library Board of Trustees of 4/24, Proof of
publication for City Council proceedings of 5/5. Upon motion the documents were
received and filed.
2. Notice of Claims and Suits: Roger Schadler for personal injury, Gary Sieverding for
property damage. Upon motion the document was 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
2
Assurance Pool: Roger Schadler for personal injury and Gary Sieverding for vehicle
damage. Upon motion the documents were received, filed and concurred.
4. Contracted Services Agreement - Crescent Community Health Center Fiscal Year
2015: City Manager recommending execution of the attached contract with Crescent
Community Health Center. Upon motion the documents were received, filed and
approved.
5. Contracted Services Agreement - Dubuque Area Convention and Visitors Bureau
Fiscal Year 2015: City Manager recommending execution of the attached agreement
with the Dubuque Area Convention and Visitors Bureau to provide funding for tourist
and convention development on behalf of City. Upon motion the documents were
received, filed and approved.
6. Contracted Services Agreement - Dubuque Area Labor Management Council
Fiscal Year 2015: City Manager recommending execution of the attached agreement
with the Dubuque Area Labor -Management Council to provide funding for improvement
and expansion of labor-management cooperation in the public and private sector in the
Dubuque area. Upon motion the documents were received, filed and approved.
7. Contracted Services Agreement - Dubuque Main Street Fiscal Year 2015: City
Manager execution of the attached Contracted Services Agreement with Dubuque Main
Street to provide funding for the agency to continue to implement a downtown
revitalization program and to help fund a part time development position to help manage
the economic development and design assistance function of the Historic Millwork
District. Upon motion the documents were received, filed and approved.
8. Contracted Services Agreement - DuRide Fiscal Year 2015: City Manager
recommending execution of the attached contract with DuRide. Upon motion the
documents were received, filed and approved.
9. Contracted Services Agreement - Every Child 1 Every Promise Fiscal Year 2015:
City Manager recommending execution of the attached contract with Every Child 1 Every
Promise. Upon motion the documents were received, filed and approved.
10. Contracted Services Agreement - Greater Dubuque Development Corporation
Fiscal Year 2015: City Manager recommending execution of the attached agreement
with the Greater Dubuque Development Corporation for support of their economic
development services. Upon motion the documents were received, filed and approved.
11. Contracted Services Agreement - Operation New View Community Action
Agency Fiscal Year 2015: City Manager recommending execution of the attached
Contracted Services Agreement with Operation: New View to provide funding for the
agency to continue to provide services to help low income and elderly citizens achieve
self -efficiency. Upon motion the documents were received, filed and approved.
3
12. Contracted Services Agreement - Project HOPE Fiscal Year 2015: City Manager
recommending execution of the attached contract with Community Foundation of
Greater Dubuque: Project H.O.P.E. Upon motion the documents were received, filed
and approved.
13. Contracted Services Agreement - Proudly Accessible Dubuque Fiscal Year 2015:
City Manager recommending execution of the attached contract with Proudly Accessible
Dubuque. Upon motion the documents were received, filed and approved.
14. Purchase of Services Grant Agreement - Bell Tower Theater: City Manager
recommending approval of the Purchase of Services Grant Agreement with Bell Tower
Productions to provide for Kids Take the Stage youth theater classes and the Free
Summer Musicals Upon motion the documents were received, filed and approved.
15. Purchase of Services Grant Agreement - Dubuque Community Y Domestic
Violence Program: City Manager recommending approval of the Purchase of Services
Grant Agreement with Dubuque Community YMCA/YWCA Domestic Violence Shelter,
known as New Beginnings Shelter, to provide crisis intervention services to domestic
violence victims. Upon motion the documents were received, filed and approved.
16. Purchase of Services Grant Agreement - Dubuque County Extension: City
Manager recommending approval of a Purchase of Services Grant Agreement with
Dubuque County ISU Extension. Upon motion the documents were received, filed and
approved.
17. Purchase of Services Grant Agreement - Helping Services of Northeast Iowa:
City Manager recommending approval of the Purchase of Services Grant Agreement
with Helping Services of Northeast Iowa to provide Life Skills program to prevent drug
and alcohol use to third grade students in Dubuque. Upon motion the documents were
received, filed and approved.
18. Purchase of Services Grant Agreement - Hillcrest Family Services: City Manager
recommending approval of the Purchase of Services Grant Agreement with Hillcrest
Family Services to provide crisis mental health counseling and walk-in services. Upon
motion the documents were received, filed and approved.
19. Purchase of Services Grant Agreement - Four Mounds: City Manager
recommending approval of a Purchase of Services Grant Agreement with Four Mounds
Foundation. Upon motion the documents were received, filed and approved.
20. Purchase of Services Grant Agreement - Lutheran Services in Iowa: City
Manager recommending approval of the Purchase of Services Grant Agreement with
Lutheran Services in Iowa for Dubuque Community Wrap Around Services. Upon
motion the documents were received, filed and approved.
4
21. Purchase of Services Grant Agreement - Multicultural Family Center: City
Manager recommending approval of the Purchase of Services Grant Agreement with
the Multicultural Family Center to provide opportunities for at -risk youth through the
Future Talk Program. Upon motion the documents were received, filed and approved.
22. Purchase of Services Grant Agreement - Northeast Iowa School of Music: City
Manager recommending approval of a Purchase of Services Grant Agreement with
Northeast Iowa School of Music. Upon motion the documents were received, filed and
approved.
23. Purchase of Services Grant Agreement - Project Concern Foster Grandparent
Program: City Manager recommending approval of the Purchase of Services Grant
Agreement with Project Concern to partially fund the Foster Grandparent Program that
provides volunteer opportunities for seniors to work with students with special needs.
Upon motion the documents were received, filed and approved.
24. Purchase of Services Grant Agreement - Riverview Center: City Manager
recommending approval of the Purchase of Services Grant Agreement with Riverview
Center to provide partial funding for a Sexual Assault Therapist in the Dubuque office.
Upon motion the documents were received, filed and approved.
25. Purchase of Services Agreement - Four Mounds HEART Program Fiscal Year
2015: City Manager is recommending execution of the attached contract with Four
Mounds HEART Program. Upon motion the documents were received, filed and
approved.
26. Purchase of Services Agreement - Matter Creative Center Fiscal Year 2015: City
Manager recommending execution of the attached contract with Matter Creative Center.
Upon motion the documents were received, filed and approved.
27. Purchase of Services Agreement - Opening Doors Fiscal Year 2015: City
Manager recommending execution of the attached contract with Opening Doors. Upon
motion the documents were received, filed and approved.
28. Purchase of Services Agreement - St. Mark Community Center Fiscal Year 2015:
City Manager recommending execution of the attached contract with St. Mark
Community Center. Upon motion the documents were received, filed and approved.
29. Family Self Sufficiency Grant Application: City Manager recommending approval
of the submittal of a grant to the U.S. Department of Housing and Urban Development
for the renewal of one Family Self -Sufficiency Program Coordinator position and two
new Family Self -Sufficiency Program Coordinator positions. Upon motion the
documents were received, filed and approved.
30. Phoenix Housing Special Needs Assistance Grant: City Manager recommending
approval of the Request for Release of Funds for the Continuum of Care Phoenix
5
Housing Special Needs Assistance project that provides subsidized housing for
disabled individuals and families with supportive services. Upon motion the documents
were received and filed and Resolution No. 160-14 Authorizing Request for Release of
Continuum of Care funds for Fiscal Year 2015 (Program Year 2013) was adopted.
31. 2014 Justice Assistance Grant (JAG) Application: City Manager recommending
approval of the 2014 Justice Assistance Grant (JAG) application from the Edward Byrne
Memorial Assistance Grant Program. Upon motion the documents were received, filed
and approved.
32. Enterprise Zone - Community Housing Initiatives I & II: City Manager
recommending approval of two Housing Enterprise Zone Program Agreements by and
among the Iowa Economic Development Authority, the City and Community Housing
Initiatives, Inc. for scattered sites in Enterprise Zones 1-A and 2-A. Upon motion the
documents were received and filed and Resolution No. 161-14 Approving a Housing
Enterprise Zone Program Agreement by and among the Iowa Economic Development
Authority, the City of Dubuque and Community Housing Initiatives, Inc. was adopted.
33. DRA Purchase of Hilton Hotel and Houlihan's Restaurant: City Manager
recommending approval of a resolution approving the Landlord's Consent, Assignment
of Lease Agreement, and Leasehold Mortgage related to the purchase of Hilton Garden
Hotel and Houlihan's Restaurant by the Dubuque Racing Association. Upon motion
Resolution No. 162-14 Approving a Landlord's Consent, and Assignment of Lease
Agreement, and Leasehold Mortgage, Fixture Filing and Security Agreement with
Absolute Assignment of Leases and Rents in connection with Dubuque Racing
Association, LTD's Purchase of the Assets of Dubuque Casino Hotel, LLC was adopted.
34. Mystique Casino Parking Lot Repairs: City Manager recommending approval of a
request from Dubuque Racing Association President and CEO Jesus Aviles requesting
permission to expend funds from the Depreciation and Improvement Fund to repair,
sealcoat and restripe the Mystique Casino parking lot. Upon motion the documents
were received, filed and approved.
35. Request for Proposal (RFP) - Internal Auditing Services: City Manager
recommending approval of the selection of McGladrey LLP for the internal auditing
services for the City of Dubuque. Upon motion the documents were received, filed and
approved.
36. Eide Bailly Audit Engagement Agreement: City Manager recommending approval
of the audit engagement agreement for year ending June 30, 2014 audit from Eide
Bailly. Upon motion the documents were received, filed and approved.
37. Signed Contracts: WHKS Agreement Addendum #4 for Airport Engineering Water
Design Services. Upon motion the document was received and filed.
6
38. Improvement Contracts and Maintenance Bonds: Drew Cook & Sons Excavating
Co., Inc. for the SRF Green Alley Project, Bid Set 4. Upon motion the document was
received, filed and approved.
39. Alcohol Compliance Civil Penalty for Alcohol License Holders - Denny's Lux Club:
City Manager recommending approval of the Acknowledgment/Settlement Agreement
for an alcohol compliance violation for Denny's Lux Club, 3050 Asbury Road. Upon
motion the documents were received, filed and approved.
40. Tobacco Compliance — Civil Penalty for Tobacco License Holders - Plaza 20
BP/Amoco: City Manager recommending approval of the Acknowledgement/Settlement
Agreement for a tobacco compliance violation for Plaza 20 BP/Amoco, 2600 Dodge
Street. Upon motion the documents were received, filed and approved.
41. Alcohol Compliance Civil Penalty for Alcohol License Holders - Plaza 20
BP/Amoco: City Manager recommending approval of the Acknowledgment/Settlement
Agreement for an alcohol compliance violation for Plaza 20 BP/Amoco, 2600 Dodge
Street. Upon motion the documents were received, filed and approved.
42. 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. 163-14 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 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 Jones. Motion carried 7-0.
1. JFK Road and Wacker Drive Traffic Signal Replacement Project: City Manager
recommending initiation of the public bidding process for the JFK & Wacker Signal
Replacement Project, and further recommends that a public hearing be set for June 16,
2014. Upon motion the documents were received and filed and Resolution No. 164-14
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 June 16, 2014 in the Historic Federal Building.
2. Sales Tax Increment Revenue Bonds (Stormwater Utility Revenue Supported):
City Manager recommending that a public hearing be set for June 16, 2014, on the
proposition of issuing not to exceed $30,000,000 in Sales Tax Increment Revenue
Bonds (Stormwater Utility Revenue Supported). Upon motion the documents were
received and filed and Resolution No. 165-14 Fixing date for a meeting on the
7
proposition of the issuance of not to exceed $30,000,000 Sales Tax Increment Revenue
Bonds (Stormwater Utility Revenue Supported) of Dubuque, Iowa and providing for
publication of notice thereof was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on June 16, 2014 in the Historic Federal Building.
BOARDS/COMMISSIONS
Appointments were made to the following boards/commission:
1. Civil Service Commission: One, 4 -year term through April 6, 2018 (Vacant term of
Schilling). Applicant: Mary Lynn Neuhaus, 1595 Montrose Terrace. Upon Council
concurrence, Mayor Buol appointed Mary Lynn Neuhaus to a 4 -year term through April
6, 2018.
2. Long Range Planning Advisory Commission: One, 3 -year term through July 1,
2017 (vacant term of Van !ten). Applicant: Joshua Clements, 561 Jefferson. Motion by
Braig to appoint Joshua Clements to a 3 -year term through July 1, 2017. Seconded by
Resnick. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council on the following items:
1. Residential Parking Permit District "D" Amendment: Proof of publication on notice
of public hearing to consider an amendment to Residential Parking Permit District "D" by
adding Alicia Street from Pennsylvania Avenue to Andrea Street, both sides, and
Marjorie Circle from Amy Court to Andrea Street, both sides with the portion of the
petition not meeting the 80% criteria being excluded from Residential Parking Permit
District "D" and the City Manager recommending approval. 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. Becky Bruxvoort, 1673
Alicia St., spoke in support of the amendment and stated that the additional street
parking caused by Hempstead High School students is impeding area mail delivery and
trash collection, increasing litter and traffic speed, and jeopardizing residential safety.
City Attorney Barry Lindahl stated that the Unified Development Code (UDC) requires
the school district to provide one parking space per 10 students in grades nine through
12. Planning Services Manager Laura Carstens stated that while the school district is
sensitive to the issue, the City does not have a mechanism in place to enforce
compliance. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 36-14
Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic,
Chapter 14 Parking, Division 7 Residential Parking Permit Program, Section 9-14-
321.736 Residential Parking Permit District D by adding portions of Alicia Street and
Marjorie Circle to the District. Seconded by Jones. Motion carried 7-0.
8
2. Jule Transit Facility Roof and Sprinkler Repair Project: Proof of publication on
notice of public hearing to consider approval of plans, specifications, form of contract,
and estimated cost for the Jule Transit Facility Roof and Sprinkler Repair Project and
the City Manager recommending approval. Motion by Jones to receive and file the
documents and adopt Resolution No. 166-14 Approval of plans, specifications, form of
contract, and estimated cost for the Jule Transit Facility Roof and Sprinkler Repair
Project. Seconded by Connors. Responding to questions from the City Council, City
Manager Van Milligen stated that the City is obligated to the grant requirements for
repair of the building and bringing it up to code for historical reasons and long-term use
by the City or future owner. Motion carried 7-0.
3. Sanitary Sewer Cured -in -Place Pipe (CIPP) Lining Project Fiscal Year 2015: Proof
of publication on notice of public hearing to consider approval of plans, specifications,
form of contract, and estimated cost for the FY 2015 Sanitary Sewer Cured -in -Place
Pipe (CIPP) Lining Project and the City Manager recommending approval. Motion by
Braig to receive and file the documents and adopt Resolution No. 167-14 Approval of
plans, specifications, form of contract, and estimated cost for the FY 2015 Sanitary
Sewer Cured -in -Place Pipe (CIPP) Lining Project. Seconded by Resnick. Responding to
questions from the City Council, City Engineer Gus Psihoyos explained the process of
CIPP lining and stated that the project has been successful for several years and saves
costs by avoiding digging up pipes. Motion carried 7-0.
Upon motion the rules were suspended limiting discussion to the City Council.
ACTION ITEMS
1. Greater Dubuque Development Corporation - Quarterly Update: President and
CEO Rick Dickinson to present the quarterly update on the activities of the Greater
Dubuque Development Corporation. Motion by Lynch to receive and file the information.
Seconded by Jones. Motion carried 7-0. Mr. Dickinson provided information from a
soon -to -be -released publication about Dubuque's ranking and comparison with other
U.S. cities. Mr. Dickinson also provided samples of the new Distinctively Dubuque and
newcomer brochures and invited the City Council to GDDC's 30th anniversary
celebration on June 25 at 5:30 p.m. at the Schmid Innovation Center.
2. Historic Preservation Commission - Jackson Park Signage: Historic Preservation
Commission recommending approval to install identification and interpretive signs in
Jackson Park. Motion by Jones to receive and file the documents and approve the
recommendation. Seconded by Braig. Motion carried 7-0.
3. Code of Ordinances Amendment - Title 8 Human Rights Commission
Administrative Release: City Manager recommending approval of a proposed
amendment to City Code Section 8-4-7, Release from Administrative Process, for City
Council consideration. 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
9
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 Connors for final consideration and passage of Ordinance No. 37-14
Amending City of Dubuque Code of Ordinances Title 8 Human Rights, Chapter 4
Enforcement of Civil Rights, Section 8-4-7 Release From Administrative Process;
Alternative Judicial Proceedings Upon Complaints to reflect a change in the law via
judicial decision holding that local commissions do not possess the authority to issue
right -to -sue letters and an Administrative Release from the Iowa Civil Rights
Commission is necessary in order to proceed in court. Seconded by Braig. Motion
carried 7-0.
4. Water Treatment Plant North Softening Basins Rehabilitation Project Award: City
Manager recommending award of the construction contract for the Water Treatment
Plant North Softening Basins Rehabilitation Project to the low bidder Fred Jackson
Tuckpointing Co., Inc. Motion by Braig to receive and file the documents and adopt
Resolution No. 168-14 Awarding public improvement contract for the Water Treatment
Plant North Softening Basins Rehabilitation Project CIP 740-2396. Seconded by Jones.
Responding to questions from the City Council, City Manager Van Milligen stated that
funds will be reallocated from other Water Department projects for this priority project.
Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Jones reported on Fire Captain Dennis Bradley's article published
for the Iowa Emergency Medical Services Association.
Council Member Connors reminded everyone of Election Day, June 3.
Council Member Resnick asked that discussion about the Public Input section of the
agenda be included in the City Council's annual goal setting session.
PUBLIC INPUT
Jacob Long, 4604 Cardinal Dr., expressed his opinion about the Public Input section
of the agenda, stating that he is distributing a petition for 1,000 names to request that
the City Council move the section to the beginning of the meeting agenda.
Rich Mieske, 3199 Sheridan Rd., expressed his opinion about what he believes are
high city taxes and debt capacity and provided his thoughts on gun control and
registration.
David Wallen, 1490 N. Grandview Ave., expressed his opinion about the recent
exchange of an American soldier for four Afghan prisoners of war as unacceptable and
asked the City Council to consider submitting a resolution to the U.S. Congress to that
effect.
There being no further business, upon motion the City Council adjourned at 7:29 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
10
1 t 6/11
11