Minutes_City Council Proceedings 12 7 151
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on December 7, 2015
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Pro-Tem Sutton; Council Members Braig, Connors, Jones, Lynch,
Resnick; City Manager Van Milligen, City Attorney Lindahl
Absent: Mayor Buol
Mayor Pro-Tem Sutton 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
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose
of as indicated. Seconded by Jones. Motion carried 6-0.
1. Minutes and Reports Submitted: Cable TV Commission of 10/14; City Council
Proceedings of 11/16; Historic Preservation Commission of 11/19; Library Board of
Trustees Update of 11/19; Sister City Relationships Advisory Commission of 11/18;
Zoning Board of Adjustment of 11/19; Proofs of Publication for City Council Proceedings
of 11/2; Proofs of Publication for List of Claims and Summary of Revenues for Months
Ending 9/20, 10/31 Upon motion the documents were received and filed.
2. Notice of Claims and Suits: Matt Daykin for vehicle damage, Shannon Martin for
property damage, Donna Moeller for personal injury. Upon motion the documents were
received, filed and referred to the City Attorney.
3. SCADA Manhole Installation Project Award: City Manager recommending award of
the construction contract for the 2015 SCADA (Flow Metering Stations) Manhole
Installation Project to the low bidder, Connolly Construction, Inc. Upon motion the
documents were received and filed and Resolution No. 404-15 Awarding public
improvement contract for the SCADA (Flow Metering Stations) Manhole Installation
Project was adopted.
4. 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: Matt Daykin for vehicle damage; Shannon Martin for property damage;
Betty Tigges for loses related to eminent domain. Upon motion the documents were
received, filed and concurred.
2
5. Abstract of Votes - 2015 General Election: Dubuque County Supervisors submitting
the Abstract of Votes from the November 3, 2015 General Election. Upon motion the
documents were received and filed.
6. Paragon Square and Marquette Place Senior Housing Projects - Letters of
Commitment: City Manager recommending approval of two letters of financial support for
senior housing projects in downtown Dubuque by Paragon Square Senior Housing, LLLP
at 2887-2901 Central Avenue (former Holy Ghost School) and Marquette Hall, LLC at
2222 Queen Street (former Sacred Heart School). Upon motion the documents were
received, filed and approved.
7. Acceptance of Asphalt Overlay Access Ramp Project One: City Manager
recommending acceptance of the construction contract for the 2015 Asphalt Overlay
Access Ramp Project One as completed by Midwest Concrete, Inc. Upon motion the
documents were received and filed and Resolution No. 405-15 Accepting the 2015
Asphalt Overlay Project Curb Access Ramps Project One and authorizing the payment
of the contract amount to the contractor was adopted.
8. Acceptance of Asphalt Overlay Access Ramp Project Two: City Manager
recommending acceptance of the construction contract for the 2015 Asphalt Overlay
Access Ramp Project Two as completed by Midwest Concrete, Inc. Upon motion the
documents were received and filed and Resolution No. 406-15 Accepting the 2015
Asphalt Overlay Project Curb Access Ramps Project Two and authorizing the payment
of the contract amount to the contractor was adopted.
9. Acceptance of Asphalt Overlay Access Ramp Project Three: City Manager
recommending acceptance of the construction contract for the 2015 Asphalt Overlay
Access Ramp Project Three as completed by Midwest Concrete, Inc. Upon motion the
documents were received and filed and Resolution No. 407-15 Accepting the 2015
Asphalt Overlay Project Curb Access Ramps Project Three and authorizing the payment
of the contract amount to the contractor was adopted.
10. Acceptance of SRF Green Alley Project Bid Set 1 - Year 2: City Manager
recommending acceptance of the construction contract for the SRF Green Alley-Bid Set
1 Year 2 Project as completed by Drew Cook and Sons Excavating and adopting the Final
Schedule of Assessments. Upon motion the documents were received and filed and
Resolution No. 408-15 Accepting the SRF Green Alley Project - Bid Set 1 Year 2 and
authorizing the payment of the contract amount to the contractor; and Resolution No. 409-
15 Adopting the Final Assessment Schedule for the SRF Green Alley Project Bid Set 1
Year 2 were adopted.
11. Acceptance of Sanitary Sewer Main Improvements - Arbor Estates No. 2: City
Manager recommending acceptance of the public improvements that the developer,
Riverdream Properties LLC, has recently completed in Arbor Estates No. 2. Upon motion
3
the documents were received and filed and Resolution No. 410-15 Accepting public
improvements in Arbor Estates No. 2 in the City of Dubuque, Iowa, was adopted.
12. Acceptance of Fire Station #4 Improvements - Mechanical & Restroom Upgrade
Project: City Manager recommending acceptance of the construction contract for the Fire
Station #4 Improvements – Mechanical and Restroom Upgrade Project, as completed by
Maryville Construction Company. Upon motion the documents were received and filed
and Resolution No. 411-15 Accepting the Fire Station No. 4 - Mechanical & Restroom
Upgrade Project and authorizing the payment to the contractor was adopted.
13. Acceptance of Public Roadway Improvements at John F Kennedy Road and West
32nd Street: City Manager recommending acceptance of the public roadway
improvements that the developer, Kivlahan Farms L.C., has recently completed at the
intersection of John F. Kennedy Road and West 32nd Street. Upon motion the documents
were received and filed and Resolution No. 412-15 Accepting public roadway
improvements at JFK Road and West 32nd Street in the City of Dubuque, Iowa, was
adopted.
14. Weaver Castle, LLC Amendment to Development Agreement for 1576-1578-1580
Locust Street: City Manager recommending approval of the 2nd Amendment to
Development Agreement with Weaver Castle, LLC for 1576-1578-1580 Locust Street
extending the completion date to April 30, 2016. Upon motion the documents were
received and filed and Resolution No. 413-15 Approving the Second Amendment to the
Development Agreement between the City of Dubuque, Iowa and Weaver Castle, LLC,
was adopted.
15. Weaver Castle, LLC Amendment to Development Agreement for 324-326 W.
Locust Street: City Manager recommending approval of the Second Amendment to
Development Agreement with Weaver Castle, LLC to allow the developer to be paid the
Downtown Housing Incentive for an additional apartment at 324-326 W. Locust Street.
Upon motion the documents were received and filed and Resolution No. 414-15
Approving the Second Amendment to the Development Agreement between the City of
Dubuque, Iowa and Weaver Castle, LLC was adopted.
16. Appeal of Claim by Frank Vlach: City Attorney recommending denial of the appeal
of a claim against the City by Frank Vlach for vehicle damage. Upon motion the
documents were received, filed and concurred.
17. Sewershed 10 Corrective Action Plan and Submittal of Reports: City Manager
recommending approval of and authorization for the City Manager to certify the Corrective
Action Plan for Sewershed 10 and submittal of the certified report to the U.S. Department
of Justice, U.S. Environmental Protection Agency and the Iowa Department of Natural
Resources. Upon motion the documents were received, filed and approved.
18. Swimming Pool Concessions Staffing: City Manager recommending approval of
the addition of staffing in the amount of .479 Full Time Equivalent (FTE’s) for Fiscal Year
4
2016 and 1.44 FTE’s in the future budgets for the purpose of operating the concession
stands at Flora and Sutton Pools. Upon motion the documents were received, filed and
approved.
19. Water Department - Request to Create a Separate Civil Service Classification: City
Manager recommending approval to eliminate one Equipment Operator II position and
create one Water Distribution Equipment Operator position in the Water Department.
Upon motion the documents were received, filed and approved.
20. Freshwater Mussels and the Renewal of the Dubuque Ice Harbor: City Manager
transmitting information from the U.S. Fish and Wildlife Service Midwest Region about
Freshwater Mussels and the renewal of the Dubuque Ice Harbor. Upon motion the
documents were received and filed.
21. Dubuque Intermodal Transportation Center (DITC) Signage: Historic Preservation
Commission recommending approval of the internally illuminated electronic message
center sign for the DITC parking ramp, as submitted, with suggestions. Upon motion the
documents were received, filed and approved.
22. Holy Family School District - DARE Agreement: City Manager recommending
approval of the Fiscal Year 2015/2016 Drug Abuse Resistance Education (DARE)
Agreement between the City of Dubuque Police Department and the Holy Family School
District. Upon motion the documents were received, filed and approved.
23. Bee Branch Creek Flood Control Pumping Station Gates and Primary Electrical
Service Replacement Project: City Manager recommending the City enter into an
agreement with IIW, P.C. for design and engineering services, including the alternative
design analysis, for the Bee Branch Flood Control Pumping Station Gates and Primary
Electrical Service Replacement Project. Upon motion the documents were received, filed
and approved.
24. U.S. EPA Urban Waters Small Grant Application: City Manager recommending
approval of an application for U.S. EPA Urban Waters Small Grant in order to secure
funding to identify the source of the E. coli bacteria found in the Bee Branch Creek and
establishing the City Manager as an authorized representative of the City regarding the
grant. Upon motion the documents were received and filed and Resolution No. 415-15
Approving an application for water monitoring and establishing the City Manager as an
authorized representative regarding the agreement between the U.S. Environmental
Protection Agency and the City of Dubuque, Iowa for Urban Waters Small Grant was
adopted.
25. Total Administrative Services Corporation Flexible Spending Plan Fee Renewal:
City Manager recommending approval of the administrative services fee proposed by
Total Administrative Services Corporation for the flexible spending plan effective January
1, 2016, through December 31, 2016. Upon motion the documents were received, filed
and approved.
5
26. Iowa Scenic Byways Jurisdiction Agreement: City Manager recommending
authorization for the Mayor to execute a Jurisdiction Agreement with the Iowa Department
of Transportation for the Iowa Scenic Byways Program to remove and replace the Iowa
Great River Road signs. Upon motion the documents were received and filed and
Resolution No. 416-15 Approving a Jurisdiction Agreement between the City of Dubuque
and the Iowa Department of Transportation for the Iowa Scenic Byways Program to
remove and replace the Iowa Great River Road signs was adopted.
27. SW Arterial Supplemental Agreement No. 15: City Manager recommending
authorization for the City Manager to execute the Consultant Professional Services –
Supplemental Agreement with AECOM Technical Services, Inc. for the final engineering
design phase of the Southwest Arterial Project, subject to the concurrence of the Iowa
Department of Transportation. Upon motion the documents were received and filed and
Resolution No. 417-15 Approving the Consultant Professional Services - Supplemental
Agreement No. 15 between AECOM Technical Services, Inc., and the City of Dubuque
for the completion of final engineering design phase of the Southwest Arterial Project was
adopted.
28. Civil Service Commission: Civil Service Commission submitting the Certified Lists
for the positions of Firefighter and Mechanic. Upon motion the documents were received,
filed and make a Matter of Record.
29. Community Development Block Grant (CDBG) Annual Action Plan Fiscal Year
2016 Amendment 2: City Manager recommending approval of the FY 2016 Community
Development Block Grant Annual Action Plan – Amendment 2 that reallocates funds from
the prior FY 2015 Annual Plan into the FY 2016 Annual Plan and reprograms funds for
existing and new projects. Upon motion the documents were received and filed and
Resolution No. 418-15 Approving Fiscal Year 2016 (Program Year 2015) Annual Action
Plan Amendment 2 for Community Development Block Grant (CDBG) Funds was
adopted.
30. Fiscal Year 2017 Annual TIF Report: City Manager transmitting the Annual Tax
Increment Financing Report for Fiscal Years 2017 that has been filed with Dubuque
County Auditor Denise Dolan. Upon motion the documents were received and filed.
31. State of Iowa Annual Financial Report FY 2015: City Manager recommending
approval of the City of Dubuque Fiscal Year 2015 Annual Financial Report. Upon motion
the documents were received, filed and approved.
32. South Fork Streambank Restoration Project: City Manager recommending the
award of the South Fork Streambank Project to MSA Professional Services for the
purposes of survey, design and construction inspections. Upon motion the documents
were received, filed and approved.
6
33. Improvement Contracts / Performance, Payment and Maintenance Bonds:
IDOT/Portzen Construction for the Upper Bee Branch Creek Mississippi River Trail; Top
Grade Excavating, Inc., for the 2015 Sewershed 7 & 10 Brick Manhole Replacement
Project. Upon motion the documents were received, filed and approved.
34. Alcohol Compliance Civil Penalty for Alcohol License Holder – Neighbor's Tap: City
Manager recommending approval of the Acknowledgment/Settlement Agreement for an
alcohol compliance violation for Neighbor's Tap, 1899 Rockdale Road. Upon motion the
documents were received, filed and approved.
35. Alcohol Compliance Civil Penalty for Alcohol License Holder – Pizza Hut #4691:
City Manager recommending approval of the Acknowledgment/Settlement Agreement for
an alcohol compliance violation for Pizza Hut #4691, 320 East 20th Street. Upon motion
the documents were received, filed and approved.
36. Alcohol License Applications: City Manager recommending approval of annual
beer, liquor and wine licenses as submitted. Upon motion the documents were received
and filed and Resolution No. 419-15 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 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 6-0.
1. General Obligation Bond Series 2016ABC - General Corporate Purpose: City
Manager recommending that a public hearing be set for December 21, 2015, on the
proposition of selling not to exceed $505,000 in Tax-Exempt General Obligation Bonds,
the proceeds of which will be used to pay costs of roof improvements to the Historic
Federal Building and tuck-pointing at the Ham House. Upon motion the documents were
received and filed and Resolution No. 420-15 Fixing date for a meeting on the proposition
of the issuance of not to exceed $505,000 General Obligation Bonds of the City of
Dubuque, State of Iowa (for General Corporate Purposes), and providing for publication
of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on December 21, 2015 in the Historic Federal Building.
2. General Obligation Bonds Series 2016BC - Essential Corporate Purpose: City
Manager recommending that a public hearing be set for December 21, 2015, on the
proposition of selling not to exceed $15,555,000 in Tax-Exempt General Obligation
Bonds, the proceeds of which will be used to pay costs of Airport New Terminal
improvements, sanitary sewer improvements, water system improvements, and refund
previously issued general obligation bonds. Upon motion the documents were received
and filed and Resolution No. 421-15 Fixing date for a meeting on the proposition of the
7
issuance of not to exceed $15,555,000 General Obligation Bonds of the City of Dubuque,
State of Iowa (for Essential Corporate Purposes), and providing for publication of notice
thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
December 21, 2015 in the Historic Federal Building.
BOARDS/COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards/Commissions.
1. Mechanical Board: One, 3-year term through March 16, 2016 (Vacant term of Kelly).
Applicant - Dan Hillary, 3087 Arbor Oaks. Mr. Hillary spoke in support of his appointment.
2. Mediacom Charitable Foundation: One, 1-year term through December 31, 2016
(Expired terms of Chavenelle). Applicant - Gail Chavenelle, 1155 Kelly Lane.
3. Transit Advisory Board: One, 3-year term through July 30, 2017 (Vacant term of
Stedman). Applicants: Joel Lightcap, 1985 Alta Vista St., and Dora Serna, 2160 Marion
St. Ms. Serna spoke in support of her appointment.
4. Zoning Board of Adjustment: One, 5-year term through March 25, 2020 (Expired
term of Bird). Applicants: Keith Ahlvin, 264 S. Grandview; and Eugene Bird, 3985 Mount
Vail Ridge. Mr. Ahlvin spoke in support of his appointment.
ACTION ITEMS
1. Greater Dubuque Development Corporation - Quarterly Update: GDDC President
and CEO Rick Dickinson provided a verbal report on the activities of the Greater Dubuque
Development Corporation. Topics included recognizing the passing of community
member Bob Peacock; thanking out-going Council Members Braig and Sutton for their
service; meeting or exceeding the NEXT Campaign goals of job creation; average wage;
residential/commercial construction; and population growth; Mr. Dickinson responded to
questions related to Access Dubuque Jobs web redesign; talent recruitment efforts; job
skills education; downtown crime concerns, trends in economic development and
potential budget savings. Motion by Lynch to receive and file the information. Seconded
by Braig. Motion carried 6-0.
2. Bee Branch Creek - Basin Overlook & 22nd Street Parking Lot Project Award: City
Manager recommending award of the construction contract for the Bee Branch Creek –
Basin Overlook & 22nd Street Parking Lot Project to the low bidder, Portzen Construction,
Inc., subject to Iowa Department of Transportation approval. Motion by Connors to
receive and file the documents and adopt Resolution No. 422-15 Awarding the public
improvement contract for the Bee Branch Creek - Basin Overlook & 22nd Street Parking
Lot Project, Iowa DOT Project No. TAP-U-2100(683)--81-31. Seconded by Jones. City
Manager Van Milligen and City Engineer Gus Psihoyos responded to questions regarding
providing update reports to the City Council and how IDOT involvement effects the design
and bidding process. Motion carried 6-0.
3. Transit Bus Storage Facility Project Consultant Selection: City Manager
recommending approval of the selection of Kueny Architects to provide architectural
8
design, engineering and construction administration services for the City of Dubuque –
Transit Bus Storage Facility Project and provide authority to negotiate an agreement and
execute a contract. Motion by Braig to receive and file the documents and approve the
recommendation. Seconded by Jones. Transit Manager Candace Eudaley responded to
questions regarding the process of using a selection committee and requirements of the
FTA. Motion carried 6-0.
4. EPA Brownfield Area-Wide Planning Grant - Service Contract: City Manager
recommending approval to enter into a contract with Shive Hattery, Inc., for the
administration of the 2015 Environmental Protection Agency Brownfields Area-Wide
Planning Cooperative Agreement. Motion by Lynch to receive and file the documents and
adopt Resolution No. 423-15 Authorizing the City Manager to negotiate a contract with
Shive Hattery, Inc., for grant administration for the 2015 Environmental Protection Agency
Brownfields Area-Wide Planning Cooperative Agreement. Seconded by Connors. Motion
carried 7-0.
5. 100 Resilient Cities Challenge: City Manager recommending approval of the City of
Dubuque’s application to the Rockefeller Foundation’s 100 Resilient Cities Challenge.
Motion by Connors to receive and file the documents and approved the recommendation.
Seconded by Jones. City Manager Van Milligen responded to questions regarding the
definition of resiliency, relation to City Council goals and the comparison between the
resiliency officer position required by the grant and the City’s current sustainability
coordinator. Motion carried 5-1 with Resnick voting nay.
6. Code of Ordinances Amendment - Title 10 Public Ways and Property Permit
Requirements: City Manager recommending approval of an ordinance revising Section
10-3D-2 Permit Requirements; Fees, authorizing the City Manager to establish the fee
amounts for accessibility-related encroachments or encroachments that benefit the
public. 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 Lynch. City
Manager Van Milligen responded to questions regarding similar processes of other cities
and the potential burden on the City Manager or his successor. Motion carried 6-0.
Motion by Jones for final consideration and passage of Ordinance No. 73-15 Amending
City of Dubuque Code of Ordinances Title 10 Public Ways and Property, Chapter 3
Encroachments on Public Places, Article D other Encroachments, Section 10-3D-2 Permit
Requirements; Fees to clarify how fees are set and for consistency with other codes.
Seconded by Lynch. Motion carried 6-0.
7. Code of Ordinances Amendment - Title 2 Housing Commission: City Manager
recommending approval of an ordinance that amends Section 2-5B-5 to reduce the
number of cross representatives to be consistent with the Housing Trust Fund Advisory
Committee. 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 Resnick. Motion carried 6-0.
9
Motion by Connors for final consideration and passage of Ordinance No. 74-15
Amending City of Dubuque Code of Ordinances Title 2 Boards and Commissions,
Chapter 5 Housing Agency and Community Development Commissions, Section 2-5B-5
Membership by reducing the number of cross representatives to be consistent with the
Housing Trust Fund Advisory Committee. Seconded by Lynch. Motion carried 6-0.
COUNCIL MEMBER REPORTS
Council Member Jones reported on the passing of community member Bob Peacock.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:43 p.m. to discuss pending litigation
and property acquisition pursuant to Chapter 21.5(1)(c), -(j) Code of Iowa. Seconded by
Connors. Motion carried 6-0.
Upon motion at 7:59 p.m., the City Council reconvened in open session stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:00 p.m.
/s/Kevin S. Firnstahl, CMC
City Clerk
1t 12/16