Minutes_City Council Proceedings 8 4 14CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on August 4, 2014 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick (via
conference phone), 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)
Health Center Week (August 10-16, 2014) was accepted by Public Health Specialist
and Crescent Community Health Center Board Chair Mary Rose Corrigan and CHC
Executive Director Julie Woodyard, 1789 Elm Street.
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 7/21; Human Rights
Commission of 6/14; Investment Oversight Advisory Commission of 7/23; Library Board
of Trustees Update of 7/24; Proof of Publication for City Council proceedings of 7/7.
Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Dwayne and Susan Murphy for property damage,
Andrew Schroeder for property damage, Zuhdija Zulic for property damage; City of
Dubuque vs. Dena Kurt et. al. 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: Dwayne and Susan Murphy for property damage, Steve Maker for
vehicle for property damage. Upon motion the documents were received, filed and
concurred.
4. Government Finance Officers Association - Certificate of Achievement: City
Manager transmitting the 26th consecutive Certificate of Achievement for Excellence in
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Financial Reporting from the Government Officer's Finance Association (GFOA). Upon
motion the document was received and filed.
5. Multicultural Family Center - Phase II Renovation: City Manager recommending
approval of the consultant selection committee's recommendation for hiring Selser
Schaefer Architects to provide architectural design and construction administration
services for the Multicultural Family Center— Phase II Renovation Project. Upon motion
the documents were received, filed and approved.
6. Property Acquisition - 321 E. 22nd Street: City Manager recommending approval
to purchase a residential dwelling located at 321 E. 22nd Street owned by Gary E. Bay
and Susan M. Bay as part of the acquisition program associated with the Bee Branch
Creek Restoration Project. Upon motion the documents were received and filed and
Resolution No. 225-14 Approving the acquisition of real estate owned by Gary E. Bay
and Susan M. Bay in the City of Dubuque was adopted.
7. Quarterly Investment Report - June 30, 2014: City Manager transmitting the June
30, 2014 Quarterly Investment Report. Upon motion the documents were received and
filed.
8. AmeriCorps Partners in Learning Grant Award 12-13 (Grant 12 -AC -13): City
Manager recommending approval of the grant agreement with the Iowa Commission on
Volunteer Service for the City of Dubuque AmeriCorps Program. Upon motion the
documents were received, filed and approved.
9. Lamar Companies Lease: City Manager recommending approval of a Renewal
Lease Agreement with the Lamar Companies for a term commencing July 1, 2014, and
terminating June 30, 2015 to allow for a Lamar -owned sign on City property at 280
South Locust Street. Upon motion the documents were received, filed and approved.
10. Stipulation of Settlement - AMC Showplace Theatres, Inc. Property Tax Appeals:
City Attorney recommending approval of a Stipulation of Settlement with AMC
Showplace Theaters, Inc., for property tax appeals. Upon motion the documents were
received, filed and approved.
11. Approval of Plat - Aviation Drive: City Manager recommending approval of the
plat of City property, which includes Aviation Drive, in order for Dubuque County to
formally recognize and assign the name. Upon motion the documents were received
and filed and Resolution No. 226-14 Approving the Plat of Roadway Easement for a
Permanent Roadway Easement Located in the Northwest Quarter of Section 35,
Township 88 North, Range 2 East of the 5th Principal Meridian, Dubuque County, Iowa
Hereinafter Known as Lot A of Said Northwest Quarter was adopted.
12. Approval of Plats - Jecklin Lane: City Manager recommending approval of the
plats of City property for the relocated Jecklin Lane. Upon motion the documents were
received and filed and Resolution No. 227-14 Approving the Acquisition Plat for Tract A
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for the Relocation of Jecklin Lane and Tract B for the Vacation of Existing County Road
Right of Way in Lot 1 of the Replat of the Southwest Quarter of the Southwest Quarter
in Section 22, Township 88 North, Range 2 East of the 5th Principal Meridian, Dubuque
County, Iowa; and Resolution No. 228-14 Approving the Acquisition Plat for Tract A for
the Relocation of Jecklin Lane in Lot 1 of the Replat of the Northwest Quarter of the
Northwest Quarter, and Tract B for the Vacation of Existing County Road Right of Way
in the Northeast Quarter of the Northwest Quarter, and In Lot 1 of the Northwest
Quarter of the Northwest Quarter all in Section 27, Township 88 North, Range 2 East of
the 5th Principal Meridian, Dubuque County, Iowa, were adopted.
13. Approval of Plat — Merlin Lane: City Manager recommending approval of the plat
of City property that includes the relocated Merlin Lane. Upon motion the documents
were received and filed and Resolution No. 229-14 Approving the Acquisition Plat of Lot
B for the Relocation of Merlin Lane Located in the Southeast Quarter of the Northwest
Quarter of Section 35, Township 88 North, Range 2 East of the 5th Principal Meridian,
Dubuque County, Iowa, was adopted.
14. Mediacom Communications Company: Correspondence from Mediacom
Communications Company advising the City of channel relocations that will take place
on or about September 1, 2014. Upon motion the document was received and filed.
15. Improvement Contracts/Maintenance Bonds: Fred Jackson Tuckpointing Co., Inc.
for the North Softening Basins Rehabilitation Project; Portzen Construction, Inc. for the
John F. Kennedy Rd. and Wacker Drive Traffic Signal Replacement Project. Upon
motion the documents were received, filed and approved.
16. 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. 230-14 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 Connors. Motion carried 7-0.
1. Intent to Dispose of Property by Easement - Jecklin Lane: City Manager
recommending setting a public hearing for August 18, 2014 on the disposition of a
portion of Jecklin Lane. Upon motion the documents were received and filed and
Resolution No. 231-14 Setting a public hearing on the disposition of property by
easement to Dubuque County was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on August 18, 2014 in the Historic Federal Building.
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2. Intent to Dispose of Property by Easement - Merlin Lane: City Manager
recommending setting a public hearing for August 18, 2014 on the disposition of a
portion of Merlin Lane. Upon motion the documents were received and filed and
Resolution No. 232-141 Setting a public hearing on the disposition of property by
easement to Dubuque County was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on August 18, 2014 in the Historic Federal Building.
3. Dubuque Technology Park - Economic Development District Amendment: City
Manager recommending approval of a Resolution of Necessity that finds that an
Amended and Restated Urban Renewal Plan for the Dubuque Technology Park
Economic Development District is both necessary and appropriate, and sets a public
hearing on the proposed amendment for September 2, 2014. Upon motion the
documents were received and filed and Resolution No. 233-14 Resolution of Necessity
finding that certain areas adjacent to the established Dubuque Technology Park
Economic Development District meet the definition of an Economic Development Area
Under the Urban Renewal Law, that development of said area is necessary in the
interest of the residents of the City of Dubuque, Iowa, and setting dates of hearing and
consultation on a proposed amendment to the Amended and Restated Urban Renewal
Plan for said District was adopted setting a public hearing for a meeting to commence at
6:30 p.m. on September 2, 2014 in the Historic Federal Building.
BOARDS/COMMISSIONS
Appointments to the following commissions were made at this meeting:
1. Housing Commission: One, 3 -year term through August 17, 2017 (Expiring term of
Baumhover). Applicant: Rick Baumhover, 601 Garfield Ave #104. Motion by Lynch to
appoint Rick Baumhover to a 3 -year term through August 17, 2017. Seconded by
Connors. Motion carried 7-0.
2. Human Rights Commission: One, 3 -year term through January 1, 2016 (Vacant
term of Helgager). Applicants: Nikkole Nutter, 2897 Asbury Rd.; Susan Stone, 1384
Solon St. Upon roll call vote of 7-0, Susan Stone was appointed to a 3 -year term
through January 1, 2016.
PUBLIC HEARINGS
Upon motion the rules were suspended to allow anyone present to address the City
Council and the following items.
1. Elm Street Parking Lot Project: Proof of publication on notice of public hearing to
consider approval of plans, specifications, form of contract, and estimated cost of the
Elm Street Parking Lot Project and the City Manager recommending approval. Motion
by Lynch to receive and file the documents and adopt Resolution No. 234-14 Approval
of plans, specifications, form of contract, and estimated cost for the Elm Street Parking
Lot Project. Seconded by Braig. Motion carried 7-0.
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2. SRF Green Alley Project Bid Set 5 - Year 1: Proof of publication on notice of public
hearing to consider approval of plans, specifications, form of contract, and estimated
cost of the SRF Green Alley Project Bid Set 5 - Year 1 and the City Manager
recommending approval. Motion by Lynch to receive and file the documents and adopt
Resolution No. 235-14 Approval of Plans, Specifications, Form of Contract, and
Estimated Cost for the SRF Green Alley Bid Set 5 — Year 1 Project; Resolution No. 236-
14 Resolution with Respect to the Adoption of the Resolution Of Necessity Proposed for
the SRF Green Alley Bid Set 5 — Year 1 Project; and Resolution No. 237-14 Approving
Schedule of Assessments and Estimate of Total Cost for the SRF Green Alley Bid Set 5
— Year 1 Project. Seconded by Connors. Motion carried 7-0.
3. SRF Green Alley Project Bid Set 1 - Year 2: Proof of publication on notice of public
hearing to consider approval of plans, specifications, form of contract, and estimated
cost for the SRF Green Alley Project Bid Set 1 - Year 2 and the City Manager
recommending approval. Motion by Braig to receive and file the documents and adopt
Resolution No. 238-14 Approval of Plans, Specifications, Form of Contract, and
Estimated Cost for the SRF Green Alley Bid Set 1 — Year 2 Project; Resolution No. 239-
14 Resolution with Respect to the Adoption of the Resolution of Necessity Proposed for
the SRF Green Alley Bid Set 1 — Year 2 Project; and Resolution No. 240-14 Approving
Schedule of Assessments and Estimate of Total Cost for the SRF Green Alley Bid Set 1
— Year 2 Project. Seconded by Jones. Motion carried 7-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
1. Serenity Ridge Subdivision: Developer John Herrig requesting to address the City
Council regarding the intersection of Plaza Drive and Derby Grange Road related to
Serenity Ridge Subdivision. Motion by Connors to receive and file the documents and
refer to the City Manager. Seconded by Jones. Mr. Herrig, 13570 Surrey Lane,
described the issue surrounding the connection of Plaza Drive to Derby Grange Road in
terms of speed limit, visibility and costs. Mr. Herrig offered to provide a portion of the
associated costs citing that the improvement would be of benefit to the City in terms of
economic development and EMS access. City Manager Van Milligen stated that he is
available to meet with Mr. Herrig to discuss the issue further. Motion carried 7-0.
2. Convention and Visitors Bureau Quarterly Report: Executive Director Keith Rahe
provided a verbal quarterly report for the Dubuque Convention and Visitors Bureau.
Motion by Connors to receive and file the information. Seconded by Jones. Mr. Rahe
highlighted the 2014 America's River Festival, tourism growth, community branding,
economic impact, quality of life, visitor demographics, tours and events, economic
impact, and hotel occupancy. Motion carried 7-0.
3. Code of Ordinances Amendment - Title 12 Airport Commissions: City Manager
recommending approval of a new Title 12 for three ordinances which provides for
administration and enforcement of the Airport, creates the office of Airport Administrator,
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establishes general and Airport zoning regulations, and establishes the Airport
Commission, Airport Zoning Commission, and Airport Zoning Board of Adjustment.
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 Connors.
Airport Manager Bob Grierson explained the changes in outdated code language.
Motion carried 7-0.
Motion by Jones for final consideration and passage of Ordinance No. 51-14
Amending City of Dubuque Code of Ordinances Title 12 Airport By Repealing Title 12
Airport and Adopting a New Title 12 Airport In Lieu Thereof Providing for Administration
and Enforcement of the Airport; Creating the Office of Airport Administrator; Establishing
General Regulations for the Airport; Establishing Airport Zoning Regulations;
Establishing the Airport Commission; Establishing the Airport Zoning Commission; and
Establishing the Airport Zoning Board of Adjustment. Seconded by Connors. Motion
carried 7-0.
4. Code of Ordinances Amendment - Title 2 Investment Oversight Advisory
Commission: City Manager recommending approval of an ordinance with a new Title 2,
Chapter 3, which establishes the Investment Oversight Advisory Commission and
provides for the powers, operation, membership and meetings. 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 Jones. Motion carried 7-0.
Motion by Lynch for final consideration and passage of Ordinance No. 52-14
Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions by
Repealing Chapter 3 Investment Oversight Advisory Commission and Adopting a New
Chapter 3 Investment Oversight Advisory Commission in Lieu Thereof Establishing the
Investment Oversight Advisory Commission and Providing for the Powers, Operation,
Membership, and Meetings. Seconded by Jones. Motion carried 7-0.
5. Iowa Department of Transportation - Safety Grant Application: City Manager
recommending authorization for the City of Dubuque to submit a grant application to the
State of Iowa for Traffic Safety Improvement Program funding for the North Grandview
Avenue and Delhi Street Roundabout Intersection Improvement. Motion by Braig to
receive and file the documents and adopt Resolution No. 241-14 Authorizing the Filing
of a Grant Application with the Iowa Department of Transportation for Traffic Safety
Improvements funding for the City of Dubuque North Grandview Avenue and Delhi
Street roundabout intersection improvement. Seconded by Connors. Responding to
questions from the City Council, City Engineer Gus Psihoyos described the project and
location and provided information on the meeting with businesses adjacent to the
intersection. Psihoyos added that bicyclists would have to merge with the regular traffic
through the roundabout. Motion carried 7-0.
6. Regional Conservation Partnership Program Competitive Pre -Application
Proposal: City Manager recommending approval of the pre -proposal application for the
USDA Regional Conservation Partnership Program. Motion by Lynch to receive and file
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the documents and approve the recommendation. Seconded by Connors. Motion
carried 7-0.
7. Dubuque County Resource Enhancement and Protection (REAP) Plan and City
Representative: City Manager recommending approval of the City of Dubuque's update
of the Fiscal Year 2015 Dubuque County Resource Enhancement and Protection
(REAP) Plan, as well as the resolution and the Fiscal Year 2015 REAP Grant
application for Phase 5 of the Iowa 32 (Northwest Arterial) Bike/Hike Trail. It is further
recommended that the City Council confirm the City representative on the Dubuque
County REAP Committee to attend the committee meeting on August 12, 2014. Motion
by Lynch to receive and file the documents, adopt Resolution No. 242-14 Authorizing
REAP Grant Application to Iowa Department of Natural Resources for Iowa 32
Bike/Hike Trail (Phase 5); and re -confirm Council Member Joyce Connors as the City's
representative. Seconded by Jones. Motion carried 7-0.
COUNCIL MEMBER REPORTS
Council Member Connors thanked the Parks and Recreation staff for the Lighted
Boat Parade event held on August 2 in the Port of Dubuque.
Council Member Jones expressed sympathy for the communities of Farley and
Epworth regarding the fatal vehicular accident that happened on August 2 west of
Dubuque.
There being no further business, upon motion the City Council adjourned at 7:19 p.m.
1t 8/13
/s/Kevin S. Firnstahl, CMC
City Clerk
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