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Proof of Publication_City Council Proceedings 4 2 12CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on April 2,� 2012 in the Historic 'Federal. Build- ing, 350 W. 6th Street. Presen : 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 the 9th Street to llth Street One -Way to Two -Way Conversion. • WORK SESSION 9th Street to llth Street One -Way to Two -Way Conversion City of Dubuque Civil Engineer Jon Dienst, Julie Neeble of IIW Engineers & Surveyors, and Mike Grunewald of Brown Traffic Control provided a slide presentation on the proposed one -way to two -way conyersion of 9th to llth Streets. Mr. Dienst provided project history and infor- mation on the traffic capacity and feasibility studies_ and intermodal facility campus layout Ms. Neeble presented an overview of the existing and proposed Hwy 52 routing, geometric and traffic capacity considera- tions. Mr. Brunwald provided information on the existing downtown traffic system, signal coor- dination for proposed designs, and residen- tial expectations. City Council discussion included concerns about. how the conversion might impact truck parking and loading /unloading for residential and commercial properties within the Historic Millwork District, communicating with the property owners in the HMD, utilizing public input sessions, and avoiding "mix - master" geometric configurations. There being no further business, upon motion the City Council adjourned at 6:26 p.m. /s /Kevin S. Firnstahl ` City Clerk 1t 4/11 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS . REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on April 2, 2012 in the Historic Federal Build- ing, 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 Council. PLEDGE OF , ALLEGIANCE MOMENT OF SILENCE PROCLAMATION(S) Kids to Parks Day - May 19, 2012 was accepted by Leisure Services Manager Marie Ware; NCAA Division III Identity Initiative Week - April 9- 15, 2012, was accepted by Sue Hafkemeyer, Director of Community Relations for Loras College, and Bob Quinn, Director of Intercollegiate Athle- tics for Loras-College. - PRESENTATION(S) International Society of Arboriculture Award of Achievement: Lei- sure Services Manager Marie Ware introduced John Harthorn, Award Committee Board Member for the Midwest Chapter of the International Society of Arboriculture who presented City Fores- ter Steve Pregler with the ISA Award of Achievement CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. 'Seconded by Jones. Motion carried 7 -0. Minutes and Reports Submitted: City Coun- cil Proceedings of 3/19, Civil. Service Com- mission • of 2/15, Community Develop- ment Advisory Com- mission of 3/21, Historic Preservation Commission of 3/15, Human Rights Com- mission of 1/9, Library Board of Trustees of 2/23, Sister City Relationships Advisory Commission of 3/21. Iowa Communities Assurance 'Pool: Linda Decker for property damage, Erich erkanf- for property damage. Upon motion the documents were received, filed and concurred. Dubuque Water Sports Club Lease: City Manager recommend, ing approval of the annual lease with the Dubuque Water Sports Club (formerly Dubu- que Water Ski Club). Upon - motion the documents were received, filed, and approved. Hunter Equity „LLC - Assignment of Devel- opment Agreement:' City Manager recom- mending', approval, of the Assignment of the Development. , , Agree- ment from Hunter Equity; LLC, Id, 2013 Dubuque, LLB• (I L ede- busch, DevelopmehtL& Construction, Inc.) for the Construction of `an office /dis,tri.butiion facility for ,Fed -'Ex in thet Dubuque Industrial Center North Second Addition;, Upon motion the documents were received and filed and Resolution 'No. 81A -12 Approving the Assign- ment of the Devel- opment Agreement between the City of Dubuque, Iowa, and Hunter Equity, LLC ,to 2013 Dubuque, LLC, was adopted. • Whitewater Creek. Bridge Funding Re- quest: Historic Pre- servation Commission requesting approval to use $42,487. in Historic District Public Improve - ment Program (HDPIP) funds for completion of the White Water Creek Bridge Project. Upon motion the documents were received, 'filed, and approved. Alcohol Compliance Hearing Continuance - Cookin' Something Up: City Manager recom- mending approval of the request to remove the hearing for Cookin' Something Up from the City Council Agenda on April 2, 2012, to be rescheduled at a later date, pending witness and legal repre- sentation availability. Upon • motion the documents _ were received, filed, and approved. Fire Station No. 5 Roof Replacement - Ac- ceptance: City Mana- ger is recommending acceptance• of the construction contract for the Fire Station No. 5 Roof Replacement Project as completed by Giese . Roofing • Company, in the final contract amount of $27,072. Upon motion the documents were received and filed and Resolution- NO. 82 -12 Accepting the Fire Replacement Project . and authorizing the payment of. , the contract amount to the contractor was adopted. Fire Department Headquarters Roof Replacement, 2011 - Acceptance: City Man- ager recommending -acceptance of the construction contract for the Fire Head- quarters -Roof Replace- ment Project - 2011, as completed by Giese Roofing Company, in the final contract amount of $53,390. Upon motion- the documents were received and filed and Resolution No. 83 -12 Accepting the Fire Headquarters Roof Replacement Project - 2011 and authorizing the payment of the contract amount to the contractor was adopted. Safe Routes to School Program Project Agree- ment: City - Manager recommending appro- val of • the - Iowa Department. of” Trans- portation . Agreement for a Safe Routes to School Program Project between the Iowa Department of Transportation and the City of Dubuque for funding of Dubuque school safety improve- ment. Upon, motion the documents were received and filed and Resolution No. 84 -12 Approving the Iowa s aret wawuiy TTleuluyical Seminary: City Man- ager . recommending approval of a' Water Meter Wireless Network Equipment License Agreement between ' the City of Dubuque and Wartburg 'Theological Seminary for placement of an R450 'Collector, anten- •nae, and telecommuni- cations equipment on a building at Wartburg. Theological Seminary., Upon . motion the documents were received, 'filed, and approved; Water Meter Wireless Network Equipment Lease • Agreement- DMASWA and Radio Dubuque: City Mana- ger . recommending approval, of • a Water I Meter Wireless "Net- Work Equipment Lease Agreement in partner- ship with the Dubuque Metropolitan Area Solid Waste Agency i - (DMASWA) and Radio Dubuque. Upon motion the documents were received, filed, and. approved. • Sustainable Dubuque Project Status Update: City Manager trans- mitting . the moht1ily Sustainable Dubuque. Project Status` Update for March 2012. Upon motion the documents were received and filed. - 2012 Art Exhibition onSelection:I 12 Buick Lac Arts and Cultural Affairs Advisory Com -16, Heated leather, Conv( mission requesting concurrence with the selection of artwork for JR .PRICE ', 2 the 2012 Art on the River Competition. . $295* BU Upon motion the documents were 26356 I received, filed, and approved. Iowa Department. of Inspections and Appeals New Inter - Agency • Agreement: City Manager - recom- mending , approval of an inter - agency agree- ment with the Iowa Department of Inspec- tions and Appeals for performance of food and hotel , licensing, inspections and enforcement with respect to retail food establishments. Upon motion the documents were received, filed, and approved. Improvement Con- tracts / Performance, Payment and Main- tenance Bonds: Madi- son Street Retaining Wall Emergency Repair Project - McAuliffe Excavating, Inc. Upon motion the document were received and -filed. • - ' Signed Contracts: A) Contract with Fraser Design for services related to the White Water Creek Bridge nomination to the National Register of I Historic Places; B) Short -Form Public Improvement Contract with Great Plains Landscaping for replacement of the retaining wall at 1561 Parkway; C) Contract with IIW, P.C. for the Northend Trail Lighting 20� Project; :D) Contract — with Presentations for the interpretive signs for the Dubuque Water Trail Project; E) Contract with Terracon Consultants, Inc., for environmental re- sponse action services related to-the fdrmer maintenance garage site at 925 Kerper Blvd.; F) Miron Construction Co., Change Order No. 14 for the Water Pollution Control Plant Modi- fications Project. Upon motion the documents were - received . and filed. Alcohol Compliance Civil Penalty for 110 12- GMC Yu sunroof, Chrome packag wheels, Heated Ieath 1R PRICE::4� ■R: $65 I* 113ILP 2T622 00 miles others 30,000 STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: April 11, 2012, and for which the charge is $258.61. RA, Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this /alb day of ' , 20 /oZ - Notary Public in and for Dubuque County, Iowa. c * ` ' PARRY K. WES rERMMM G`�- >. CC'mniscion • CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on April 2,' 2012 in the Historic Federal .Build- ing, 350 . 6th Street. Presel 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 the 9th Street to 11th Street One -Way to Two -Way Conversion. • WORK SESSION 9th Street to nth Street One -Way to Two -Way Conversion City of Dubuque Civil Engineer Jon Dienst, Julie Neeble of IIW Engineers & Surveyors, and Mike Grunewald of Brown Traffic Control provided a slide presentation on the proposed one -way to two -way conversion of 9th to 11th Streets. Mr. Dienst provided project history and infor- mation on the traffic capacity and feasibility studies.and intermodal facility campus layout Ms. Neeble presented an overview of the existing and proposed Hwy 52 routing, geometric and traffic capacity considera- tions. Mr. Brunwald provided information on the existing downtown traffic system, signal coor- dination for proposed designs, and residen- tial expectations. City Council discussion included concerns about hew the conversion might impact truck parking and loading/unloading for residential and commercial properties within the Historic Millwork District, communicating with the property owners in the HMD, utilizing public input sessions, and avoiding "mix - master" geometric configurations. There being no 1 further business, upon motion the -City Council adjourned at 6:26 p.m. /s /Kevin S. Firnstahl ° City Clerk 1t 4/11 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on April 2, 2012 in the Historic Federal Build- ing, 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 Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PROCLAMATION(S) Kids to•Parks Day - May 19, 2012 was accepted by Leisure Services Manager Marie Ware; NCAA Division III Identity . Initiative Week - April 9- 15,2012, was accepted by Sue Hafkemeyer, Director of Community Relations for Loras College, and Sob Quinn, Director of Intercollegiate Athle- tics for Loras College. - PRESENTATION(S) International Society of Arboriculture Award of Achievement: Lei- sure Services Manager Marie Ware introduced John Harthorn, Award Committee Board Member for the Midwest Chapter of the International Society of Arboriculture who presented City Fores- ter Steve Pregler with the ISA Award of Achievement CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Jones. Motion carried 7 -0. Minutes and Reports Submitted: City Coun- cil Proceedings of 3/19, Civil. Service Com- mission . of 2/15, Community Develop- ment Advisory Com- mission of 3/21, Historic Preservation Commission of 3/15, Human Rights Com- mission of 1/9, Library Board of Trustees of 2/23, Sister City Relationships Advisory Commission of 3/21, Iowa Communities Assurance Pool: Linda Decker for property damage; EriCt'Vierkanf- for property damage. Upon motion the documents were received, filed and concurred. Dubuque Water Sports Club Lease: City Manager recommend- ing approval of the annual lease with the Dubuque Water Sports Club (formerly Dubu- que Water Ski Club). Upon motion the documents were received, filed, and approved. Hunter Equity,"LLC -' Assignment of Devel- opment Agreement City Manager recom - mending' -approval of the Assignrnment of th,e Development ; Agree- - rnent from Hunter Equity; LLC To, 2013 Dubuque, LLC: (RWyyede- busch Development :'&' Construction, Inc.) for the Construction Of an office /dist - i,bution facility. for.; Fed'Ex in thet Dubuque Industrial Center North .Second Addition. Upon motion the documents were received ;and filed and Resolution 'No. 81A -12 Approving the Assign- ment of the Devel- opment Agreement between the City of Dubuque, Iowa, and Hunter Equity, LLC to 2013 Dubuque, LLC, was adopted. - Whitewater Creek. Bridge Funding Re- quest: Historic Pre- servation Commission requesting approval to use $42,487. in Historic District Public Improve- ment Program (HDPIP) funds for completion of the White Water Creek Bridge Project. Upon motion the documents were received, 'filed, and approved. Alcohol Compliance Hearing Continuance - Cookin' Something Up: City Manager recom- mending approval of the request to remove the hearing for Cookin' Something Up from the City Council Agenda on April 2, 2012, to be rescheduled at a later date, pending witness and legal repre- sentation availability. Upon ' motion the documents _ were received, filed, and approved. Fire Station No.5 Roof Replacement - Ac- ceptance: City Mana- ger is recommending acceptance• of the construction contract for the Fire Station No. 5 Roof Replacement Project, as completed by Giese . Roofing Company, in the final contract amount of $27,072. Upon motion the documents were received and filed and Resolution No. 82 -12 Accepting the Fire Station No. 5 _ Roof Replacement Project and authorizing the payment of. the contract amount to the contractor was adopted. Fire Department Headquarters Roof ■ Replacement, 2011 - Acceptance: City Man- ager recommending - acceptance of the construction contract for the Fire Head- quarters Roof Replace- ment Project - 2011, as completed by Giese Roofing Company, in the final contract amount of $53,390. Upon emotion the documents were received and filed and Resolution No. 83 -12 Accepting the Fire Headquarters Roof Replacement Project - 2011 and authorizing the payment of the contract amount to the contractor was adopted. Safe Routes to School Program Project Agree ment: City - Manager recommending appro- val of . , the - Iowa Department. of Trans- portation , Agreement for a Safe Routes to School Program Project between the Iowa Department of Transportation and the City of Dubuque for funding of Dubuque school safety improve- ments. Upon motion the documents were received and filed and Resolution No. 84 -12 Approving the Iowa Table Mound School Update:^'City' Manager approval of an Amended Wireless Network Equipment License Agreement with Dubuque Com- munity Schools to allow for a 900Mhz antennae and a network connection to be co- located with the existing water meter wireless network equipment at Table Mound School. Upon motion the documents were received, filed, and approved. Wireless Network License Agreement - Wai-tburg Theological Seminary: City Man- ager . recommending approval -of a" Water Meter Wireless Network Equipment License Agreement between the City of Dubuque and Wartburg .Theological Seminary for'', placement of, an R450 CoilectOr, anten- -•na'e• and telecommuni- cations equipment on a building at Wartburg Theological " Seminary. Upon . motion the documents Were received, filed, and approved. • Water Meter Wireless Network Equipment Lease • Agreement - DMASWA and Radio Dubuque: City Mona- ger recommending approval of, a 'Water Meter Wireless "Net- work Equipment Lease Agreement in partner- ship with the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) and Radio Dubuque. Upon motion the documents were received, filed, and approved. • Sustainable Dubuque Project Status Update: City Manager trans -, mitting the monthly Sustainable 'Dubuque. Project Status Update for March 2012. Upon motion the documents were received and filed. 2012 Art on the River Exhibition Selection: Arts and Cultural Affairs Advisory Com- mission requesting concurrence with the selection of artwork for the 2012 Art on the River Competition. Upon motion the documents were received; filed, and approved. Iowa Department of Inspections and Appeals New Inter - Agency . Agreement: City Manager recom - mending approval of an inter - agency agree- - ment with the Iowa Department of Inspec- tions and Appeals for performance of food and hotel licensing, inspections and enforcement with respect to retail food establishments. Upon motion the documents were received, filed, and approved. Improvement Con- tracts ., / Performance, Payment and Main- tenance Bonds: Madi- son Street Retaining Wall Emergency Repair Project - McAuliffe Excavating, Inc. Upon motion the documents were received and filed. - Signed Contracts: A) Contract with Fraser Design, for services related to the White Water Creek Bridge nomination - to the National Register of Historic Places; B) Short .- - For-m_ Public Improvement Contract with Great Plains Landscaping for replacement of the retaining wall at 1561 Parkway; C) Contract with IIW, P.C. for the Northend Trail Lighting Project; :D) Contract with Presentations for the interpretive signs for the Dubuque Water Trail Project; E) Contract with Terracon Consultants, Inc., for environmental re- sponse action services related to- the former maintenance garage site at 925 Kerper Blvd.; F) Miron Construction Co., Change Order No. 14 for the Water Pollution Control Plant Modi- fications Project. Upon motion the documents were received . and filed. Alcohol Compliance Civil Penalty for STATE OF IOWA DUBUQUE COUNTY {SS: CERTIFICATION OF PUBLICATION 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 nd 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 Resnick. Motion carried 7 -0 Second Annexation Request - 10924 Key West - Drive: City Manager recommend- ing that a public hearing be set for April 16, 2012 on the second annexation request of Catherine C. Chris- topherson for an additional parcel -at 10924 'Key West Drive. Upon . motion the documents Were received and filed and a" public hearing was set for a- meeting to comman'do at 6:30 p.m. on.April1612012 in the Historic' ,'^ Federal Building, Fiscal' Year 2012 Second Budget Amend- ment City Manager recommending a public hearing be set for April 16, 2012 to .consider Amendment No. 2 to the Fiscal Year 2012 Budget. Upon motion the documents were received and filed and Resolution No. 86 -12 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2012 Budget for the City of Dubuque , setting a public =', hearing; for a meeting''to ""cdmmenci at 630 p.m".. ,on April 16, 2012 ih the Historic Federal Building. • BOARDS/ COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/ Commissions; appli- cant appointments will be made at the next City Council meeting. Environmental Stew- ardship Advisory Com- mission: One three - year term through October 1,. 2014 (Vacant term of. Klostermann). - Appli- cants: Julie Beck, .1390- Glen Oak Street Andrea Helgager, 40 Main Street, #300. Ms. Beck and Ms. Helgager spoke in support of their . respective ap- pointments. Appointments to • be made at this meeting: Cable TV Commission: One three -year term through July 1, 2014 (last of 7 newly created positions) Applicant: Ronald TiggeS, 4927 Wildflower Drive. Motion by Connors to appoint Ronald Tigges to the Cable TV Commission fora three - year term through July 1, 2014. Seconded by Braig. Motion carried 7.0, PUBLIC HEARINGS Upon motion the rules were suspended al- towing- anyone present - to address the City Council. Dubuque Industrial Center South - Grading & Utilities 2012 Project Phase I: Proof of publication on notice of public hearing to consider - approval Of the plans, specifi- cations, form of contract and the estimated cost for the Dubuque Industrial Center South Grading and Utilities 2012 Project Phase I and , the City .. Manager recommending appro- val. Motion by Braig to receive and file the documents, and adopt Resolution No. 87 -12 Approval of plans; specifications, form of contract, and esti- mated cost for the, Dubuque Industrial Center South Grading & Utilities 2012 Project, Phase I. Seconded by Connors, Motion car- ried 7 -0. Upon motion the rules were reinstated limit- ing discussion to the City Council. ACTION ITEMS Retail Single -Use Plastic Bag Reporting Adopting a New - Section 6 -2 -2 Single - Use Plastic Bag Reduction. Seconded by Jones. Responding to questions from City . Council, Sustainability. Coordinator Cori °Bur- bach stated that since the March 19 Council, meeting,, she and Resource Management Coordinator Paul Schultz had either meet or talked with additional grocers and retailers and found there" was general support for the reporting; and that smaller, local busi- nesses • were more likely to report their information. City Coun- cil discussed the need for establishing a base line and offering a voluntary reporting approach first before resorting to one that is ordinance based as well as concerns over attaining the 90 percent goal. City l• tO Attorney Lindahl con - Q firmed that information 7 it Was a wonderful, event that embraces cultural differences. Lynch reported on the success of the Dubuque Area Cham ber of Comnierce's :Dancing with the Stars Dubuque Style and acknowledged the Judges' Choice Award received . by Assistant City Manager Cindy Steinhauser. There being no further business, upon motion the City Council adjourned at 7 :49 p.m. /s /Kevin 5. Firnstahl City Clerk 1t 4/11 received as part of the reporting process and shared with city staff would be .considered ;public .information. Motion carried 4 -3 with Lynch; Resnick, and Braig voting nay. Carnegie -Stout Public Library Signs: The Carnegie -Stout Public: Library and Historic Preservation Commis- sion submitting recom- mendations regarding the Library's exterior signage at the request of the City ' Council from the December 20, 2011 meeting. Restated motion by Connors to receive and file the documents and recommend that -the existing sign remain and.,' be painted,_, te_ blend With the Library building. Seconded by Braig. Library , Board Vice President Mike Willis and Historic Preservation Commis- sion Chairperson Dave Klavitter read respec- tive correspondence for the record with corresponding recom- mendations. Respond- ing to questions from the City Council Planning Services Manager Laura Carstens provided background infor- mation on the permit process and explained that the Historic Preservation Commis- sion, by ordinance, serves as an advisory, design review body to the City Council regarding historic preservation issues. Carstens also stated that City is exempt from - its - own regulations- Mayor Buol expressed his concern about setting a precedent. Motion failed 3 -4 with Lynch, Resnick, Sutton, and Buol voting nay. Motion by Resnick to require either the Library's Option #4 (pillars replaced with a solid, .limestone -faced base) or the alternative presented by the Historic Preservation Commission and referred to as Option #5 (replace pillars with 'colored' concrete base no more than 12 inches above the ground) and allowing the Library Board of Trustees to choose- Seconded -by Sutton. Motion carried 6 -1 with Braig voting nay. AN. _ McDonald Contract with Iowa Economic Development Authority: City Man- ager recommending Council approval of a Financial Assistance Contract with the Iowa Economic Development Authority for Iowa Values Funds and High Quality Jobs Program Financial ' Assistance benefits on behalf of A.Y. McDonald. Motion by Lynch to receive and file the documents and approve Reso- lution - No. 88 -12 Approving an Iowa Values Fund. Financial Assistance Contract by and among the Iowa Economic Development Authority, the City of Dubuque and A.Y. McDonald Mfg. Co. Seconded by - Resnick. Motion carried 7 -0. Environmental Protec- tion - Agency (EPA) Green Infrastructure :1erk for Woodward Communications, Inc., an Iowa ie Telegraph Herald,a newspaper of general circulation lbuque, County of Dubuque and State of Iowa; hereby tice was published in said newspaper on the following For which the charge is $258.61. before me, a Notary Public in and Ric for Dubuque County, Iowa, day of EaZ' , 20 lo. Notary Public in and for Dubuque County, Iowa. IV, A RY K. WESTERF,it-EYER Commis -on • for residential ana commercial properties within the Historic Millwork District, communicating with the property owners in the HMD, utilizing public input sessions, and avoiding "mix - master" geometric configurations. There being no further business, upon motion the City Council adjourned at 6:26 p.m. /s /Kevin S. Firnstahl City Clerk It 4/11 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on April 2, 2012 in the Historic Federal Build- ing, 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 Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PROCLAMATION(S) Kids to Parks Day - May 19, 2012 was accepted by Leisure Services Manager Marie Ware; NCAA Division III Identity Initiative Week - April 9- 15, 2012, was accepted by Sue Hafkemeyer, Director of Community Relations for Loras College, and gob Quinn, Director of Intercollegiate Athle- tics for Loras College. - PRESENTATION(S) International Society of Arboriculture Award of Achievement: Lei- sure Services Manager Marie Ware introduced John Harthorn, Award Committee Board Member for the Midwest Chapter of the International Society of Arboriculture who presented City Fores- ter Steve Pregler with the ISA Award of Achievement CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. • Seconded by Jones. Motion carried 7 -0. Minutes and Reports Submitted: City Coun- cil Proceedings of 3/19, Civil Service Com- mission • of 2/15, Community Develop- ment Advisory Com- mission of 3/21, Historic Preservation Commission of 3/15, Human Rights Com- mission of 1/9, Library Board of Trustees of 2/23, Sister City Relationships Advisory Commission of 3/21, Library Board of Trustees Updates from Meetings of 2/23 and 3/22. Proofs of Publication for City Council Proceedings of 2/23, 3/5 and 3/7. Upon motion the documents were received and filed. Notice of Claims and Suits: Linda Decker for property damage and Erich Vierkant for Property damage. Upon motion the documents were received, filed and referred to the City Attorney. Disposition of Claims: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the 2013 Dubuque, LLC, was adopted. Whitewater Creek Bridge Funding Re- quest: Historic Pre- servation Commission requesting approval to use $42,487. in Historic District Public Improve- ment Program (HDPIP) funds for completion of the White Water Creek Bridge Project. Upon motion the documents were received, filed, and approved. Alcohol Compliance Hearing Continuance - Cookin' Something Up: City Manager recom- mending approval of the request to remove the hearing for Cookin' Something Up from the City Council Agenda on April 2, 2012, to be rescheduled at a later date, pending witness and legal repre- sentation availability. Upon ' motion the documents were received, filed, and approved. Fire Station No. 5 Roof Replacement - Ac- ceptance: City Mana- ger is recommending acceptance of the construction contract for the Fire Station No. 5 Roof Replacement Project, as completed by Giese Roofing Company, in the final contract amount of $27,072. Upon motion the documents were received and filed and Resolution No. 82 -12 Accepting the Fire Station No. 5 Roof Replacement Project and authorizing the payment of. the contract amount to the contractor was adopted. Fire Department Headquarters Roof Replacement, 2011 - Acceptance: City Man- ager recommending -acceptance of the construction contract for the Fire Head- quarters Roof Replace- ment Project - 2011, as completed by Giese Roofing Company, in the final contract amount of $53,390. Upon motion- the documents were received and filed and Resolution No. 83 -12 Accepting the Fire Headquarters Roof Replacement Project - 2011 and authorizing the payment of the contract amount to the contractor was adopted. Safe Routes to School Program Project Agree- ment ment: City Manager recommending appro- val of • the - Iowa Department. of Trans- portation . Agreement for a Safe Routes to School Program Project between the Iowa Department of Transportation and the City of Dubuque for funding of Dubuque school safety improve- ments. Upon motion the documents were received and filed and Resolution No. 84 -12 Approving the Iowa Department of Trans- portation (DOT) Agreement, for Safe Routes to School Program Project (Iowa DOT Agreement 10- SRTS -011) for Dubuque school safety improve- ments was adopted. Mayor Buol Featured at the Eco- Engineering: Building Sustainable Cities Forum. City Manager transmitting the Eco- Engineering: Building Sustainable Cities program from the annual Hitachi/ Brook -ings Institute forum held October 6, 2011, which features Mayor Roy D. Buol. Upon motion the documents were received and filed. Wireless Network License Agreement - Meter Wireless Net- work Equipment Lease Agreement in partner- ship with the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) and Radio Dubuque. Upon motion the documents were received, filed, and approved. Sustainable Dubuque Project Status Update: City Manager tranS- mitting the monthly Sustainable Dubuque Project Status Update for March 2012. Upon motion the documents were received and filed. 2012 Art on the River Exhibition Selection: Arts and Cultural Affairs Advisory Com- mission requesting concurrence with the selection of artwork for the 2012 Art on the River Competition. Upon motion the documents were received, filed, and approved. Iowa Department of Inspections and Appeals New Inter - Agency Agreement: City Manager recom- mending approval of an inter- agency agree- ment with the Iowa Department of Inspec- tions and Appeals for performance of food and hotel licensing, inspections and enforcement with respect to retail food establishments. Upon motion the documents were received, filed, and approved. Improvement Con- tracts. / Performance, Payment and Main- tenance Bonds: Madi- son Street Retaining Wall Emergency Repair Project - McAuliffe Excavating, Inc. Upon motion the documents were received and --filed. - - Signed Contracts: A) Contract with Fraser Design for services related to the White Water Creek Bridge nomination to the National Register of Historic Places; B) Short For -m - Public Improvement Contract with Great Plains Landscaping for replacement of the retaining wall at 1561 Parkway; C) Contract with IIW, P.C. for the Northend Trail Lighting Project; D) Contract with Presentations for the interpretive signs for the Dubuque Water Trail Project; E) Contract with Terracon Consultants, Inc., for environmental re- sponse action services related to the former maintenance garage site at 925 Kerper Blvd.; F) Miron Construction Co., Change Order No 14 for the Water Pollution Control Plant Modi- fications Project. Upon motion the documents were received and filed. Alcohol Compliance Civil Penalty for Alcohol License Holders - 'El Paisano Grocery: City Manager recommending appro- val of the Acknow- , ledg ment/Settl ement Agreement for an alcohol compliance violation for El Paisano Grocery, 1543 Central Avenue. Upon motion the documents were received, filed, and approved. Alcohol License Renewals and Applica- tions: City Manager recommending appro- val of annual liquor, beer and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 85- 12 Applications for beer, liquor, and /or wine permits, as 16, 2012 to consider Amendment No. 2 to the Fiscal Year 2012 Budget. Upon motion the documents were received and filed and Resolution No. 86 -12 Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2012 Budget for the City of Dubuque - setting a public hearing= for :a meeting to commence at 6:30 p.m. on April 16, 2012 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; appli- cant appointments will be made at the next City Council meeting. Environmental Stew- ardship Advisory Com- mission: One three - year term through October 1,. 2014 (Vacant term of Klostermann). Appli- cants: Julie Beck, 1390 Glen Oak Street; Andrea Helgager, 40 Main Street, #300. Ms. Beck and Ms. Helgager spoke in support of their . respective ap- pointments. Appointments to - be made at this meeting: Cable TV Commission: One three -year term through July 1, 2014 (last of 7 newly created positions) Applicant: Ronald TiggeS, 4927 Wildflower Drive. Motion by Connors to appoint Ronald Tigges to the Cable TV Commission for a three - year term through July 1, 2014. Seconded by Braig. Motion carried 7 -0. PUBLIC HEARINGS Upon motion the rules were suspended al- towing anyone present to address the City Council. Dubuque Industrial Center South - Grading & Utilities 2012 Project Phase I: Proof of publication on notice of public hearing to consider approval of the plans, specifi- cations, form of contract and the estimated cost for the Dubuque Industrial Center South Grading and Utilities 2012 Project; Phase I and the City Manager recommending appro- val. Motion by Braig to receive and file the documents, and adopt Resolution No. '8712 Approval of plans, specifications, form of contract, and esti- mated cost for the • Dubuque Industrial Center South Grading & Utilities 2012 Project, Phase 1. Seconded by Connors. Motion car- ried 7 -0. Upon motion the rules were reinstated limit- ing discussion to the City Council. AC11ON ITEMS Retail Single -Use Plastic Bag Reporting Ordinance (Second Reading): City Mana- ger requesting ap- proval of an Ordinance that will require retailers, based on size, to report their purchase and dis- tribution of plastic bags in order to measure community - wide progress towards the adopted . goal of reducing single -use plastic bag use 90% by 2017 in Dubuque. Motion by Connorsrto._ consider 1. the second' reading of a proposed: ordinance:, amending City of Dubuque Code of Ordinances Title •6 Health, Housing, Sani- tation and Environ- ment, Chapter 2 Establishments and Hotel Sanitation, by Preservation Commis- sion submitting recom- mendations regarding the Library's exterior signage at the request of the City Council from the December 20, 2011 meeting. Restated motion by Connors to receive and file the documents and recommend that - the existing sign remain and.' be painted,- tq blend with the Library building. Seconded by Braig. Library . Board Vice President Mike Willis and Historic Preservation Commis- sion Chairperson Dave Klavitter read respec- tive correspondence for the record with corresponding recom- mendations. Respond- ing to questions from the City Council Planning Services Manager Laura Carstens provided background infor- mation on the permit process and explained that the Historic Preservation Commis- sion, by ordinance, serves as an advisory design review body to the. City, Council regarding historic preservation issues. Carstens also stated that City is exempt from its own regulations. Mayor Buol expressed his concern about setting a precedent. Motion failed 3 -4 with Lynch, Resnick, Sutton, and Buol voting nay. Motion by Resnick to require either the Library's Option #4 (pillars replaced with a solid, . limestone -faced base) or the alternative presented by the Historic Preservation Commission and referred to as Option #5 (replace pillars with 'colored concrete base no more than 12 inches above the ground) and allowing the Library Board of Trustees to choose. Seconded -by Sutton. Motion carried 6-1 with Braig voting nay. A.Y. - McDonald Contract with Iowa Economic Development Authority: City Man- ager recommending Council approval of a Financial Assistance Contract with the Iowa EConomic Development Authority for Iowa Values Funds and High Quality Jobs Program Financial Assistance benefits on behalf of A.Y. McDonald. Motion by Lynch to receive and file the documents and approve Reso- lution No. 88-12 Approving an Iowa Values Fund Financial Assistance Contract by and among the Iowa Economic Development Authority, the City of Dubuque . and A.Y. McDonald Mfg. Co. Seconded by Resnick. Motion carried 7 -0. Environmental Protec- tion - Agency (EPA) Green Infrastructure Program - Letter of Interest: City -Manager recommending appro- val for the Mayor to execute a letter for the Environmental Protec- tion Agency (EPA) Green Infrastructure Program, which requests that the City of Dubuque be included in the EPA Green Infrastructure Program. Motion by Braig to receive and file the documents and approve,,;, the .,; recom-, - rriendatiort:.- Seconded•. by- --,Connors., ',Motions tarried 7 -0.i .: . COUNCIL MEMBER. r., REPORTS Resnick reported on his attendance at the Taste of the World event held March 31 at Five Flags adding that !-1 K. V,' L