9 04 12 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:30 p.m. on September 4, 2012
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; City Manager Van Milligen, City Attorney Lindahl (joined at 5:38 p.m.)
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 Sustainable Dubuque Project Up-
date.
WORK SESSION
Sustainable Dubuque Coordinator Cori Burbach, Raki Gianakorous and Jason
Schatz of Green Dubuque, Dan McDonald of Greater Dubuque Development Corpora-
tion, and Smarter Sustainable Dubuque Project Manager David Lyons provided a slide
presentation, which highlighted the following topics. City Council had discussion with the
speakers following the presentation.
• Growing Sustainable Communities Conference, October 2 & 3, 2012;
www.gscdubuque.com
• Alternative Energy Asset Map (University of Iowa Student Project)
• Community & Business Engagement
• Innovation Consortium
• Community Climate Action Plan
o Green House Gas Reduction and Resiliency: strategies & sectors
o Business Partners: input, survey & goals
o Community Input: students, public events, focus groups
• Smarter Travel Project
o economic and services impact: transportation savings
o health and wellness impact: air pollution
o safety
o delivery to activity centers
o history of transit in Dubuque: impact of changes, improvement process
o Smart Travel: devices, data collection and analysis
o Impact of Changes
There being no further business, upon motion the City Council adjourned at 6:19 p.m.
Kevin S. Firnstahl, CMC
City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
The Dubuque City Council met in regular session at 6:30 p.m. on September 4, 2012
in the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut-
ton; 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
MOMENT OF SILENCE
SWEARING IN
Mayor Buol Swore In Mayor Pro Tem Kevin Lynch (September 2012 -April 2013)
PROCLAMATIONS
Voices from the Warehouse — Innov8; Break the Paradigm Days (September 8-
October 5, 2012) was accepted by Voices Co -Chair Geri Shafer and team representa-
tives. Dubuque Oktoberfest Day (September 15, 2012) was accepted by Terry Mozena
for co- sponsor Premier Bank.
PRESENTATION
2012 K9 Olympics Performance Awards: Police Chief Mark Da!sing presented the
2012 K9 Olympics Performance Awards to K9 handler Officer Brian Wul!weber and his
K9 partner "Brix."
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dis-
pose of as indicated. Seconded by Braig. Motion carried 7 -0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission 7/24,
City Council proceedings of 8/20, Community Development Advisory Commission of
8/15, Historic Preservation Commission 8/16, Human Rights Commission of 7/9, Library
Board of Trustees minutes of 7/26 and Board update of 7/26 and 8/23, Long Range
Planning Advisory Commission of 8/15, Mechanical Board of 8/9, Safe Community Ad-
visory Committee of 5/9, Proof of Publication for City Council proceedings of 8/6. Upon
motion the documents were received and filed.
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Notice of Claims and Suits: American Concessions for property damage, Monica
Halverson for vehicle damage, and Steven Kaiser for property damage, and James
Schueller for vehicle damage. Upon motion the documents were received, filed and re-
ferred to the City Attorney.
Disposition of Claims: City Attorney advising that the following claims have been re-
ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As-
surance Pool: Americana Concessions for property damage, Monica Halverson for ve-
hicle damage, Steven Kaiser for property damage, and James Schueller for vehicle
damage. Upon motion the documents were received, filed and concurred.
City of Hamilton, Ohio: Correspondence and proclamation from Joshua Smith, City
Manager of Hamilton, Ohio, thanking the City of Dubuque for welcoming their delegation
and providing a tour of Dubuque on July 28 -30, 2012. Upon motion the documents were
received and filed.
Flexsteel Industries - Acceptance of Sidewalk Easement: City Manager recommend-
ing acceptance of the easement for a sidewalk across Flexsteel Industries, Inc., at the
southwest corner of Bell and 5th Streets. Upon motion the documents were received
and filed and Resolution No. 226 -12 Accepting the Grant of Easement for sidewalk
through, under and across part of Lot 1 of 1 of Adams Company's 4th Addition in the
City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 226 -12
ACCEPTING THE GRANT OF AN EASEMENT FOR SIDEWALK THROUGH, UNDER
AND ACROSS PART OF LOT 1 OF 1 OF ADAMS COMPANY'S 4TH ADDITION IN
THE CITY OF DUBUQUE, IOWA
Whereas, Flexsteel, Industries, Inc., have executed a Grant of Easement for Side-
walk through under and across parts of Lot 1 of 1 of Adams Company's 4th Addition in
the City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac-
cepts and consents to the Grant of Easement for Sidewalk through, under and across
parts of Lot 1 of 1 of Adams Company's 4th Addition the City of Dubuque, Dubuque
County, Iowa from Flexsteel, Industries, Inc., a copy of which is attached hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 4th day of September, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Alcohol Compliance Civil Penalty for Alcohol License Holders - Fischer Lanes: City
Manager recommending approval of the Acknowledgment /Settlement Agreement for an
alcohol compliance violation for Fischer Lanes, 880 Locust Street. Upon motion the
documents were received, filed, and approved.
Dubuque Industrial Center North - Acceptance of Storm Sewer and Access Ease-
ments: City Manager is recommending acceptance of storm sewer and access ease-
3
ments from 2013 Dubuque, LLC for existing storm sewer and access across Lot 1
Dubuque Industrial Center North Second Addition. Upon motion the documents were
received and filed and Resolution No. 227 -12 Accepting the grant of an easement for
storm sewer and access through, over and across a part of Lot 1 of Dubuque Industrial
Center North Second Addition in the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 227 -12
ACCEPTING THE GRANT OF AN EASEMENT FOR STORM SEWER AND ACCESS
THROUGH, OVER AND ACROSS A PART OF LOT 1 OF DUBUQUE INDUSTRIAL
CENTER NORTH SECOND ADDITION IN THE CITY OF DUBUQUE, IOWA
Whereas, 2013 Dubuque LLC has executed an Easement for Storm Sewer and Ac-
cess through, over and across Lot 1 of Dubuque Industrial Center North Second Addi-
tion in the City of Dubuque, Dubuque County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac-
cepts and consents to the Grant of Easement for Storm Sewer and Access through,
over and across Lot 1 of Dubuque Industrial Center North Second Addition in the City of
Dubuque, Dubuque County, Iowa from 2013 Dubuque LLC, a copy of which is attached
hereto.
Section 2. The Mayor is hereby authorized and directed to execute and acknowledge
on behalf of the City of Dubuque any instruments in connection herewith.
Passed, approved and adopted this 4th day of September, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC, City Clerk
Collective Bargaining Agreement Amendment - International Union of Operating En-
gineers, Local #234: City Manager recommending approval of a ten hour per day and
four day work week for full -time Public Safety Dispatchers through September 30, 2013.
Upon motion the documents were received and filed.
Dubuque Regional Airport - Land Acquisition Plat: City Manager recommending ap-
proval of the land acquisition plat for the land acquired from Ronald and Ellen Hartman.
Upon motion the documents were received and filed and Resolution No. 228 -12 Ap-
proving Plat of Survey of Lot 1 and Lot 2 of the Northwest Quarter of the Northwest
Quarter of Section 27, Township 88 North, Range 2 East of the Fifth Principal Meridian,
Dubuque County, Iowa; and Resolution No. 229 -12 Approving Plat of Survey of Lot 1
and Lot 2 of the Southwest Quarter of the Southwest Quarter of Section 22, Township
88 North, Range 2 East of the Fifth Principal Meridian, Dubuque County, Iowa, were
adopted.
RESOLUTION NO. 228 -12
APPROVING PLAT OF SURVEY OF LOT 1 AND LOT 2 OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 27, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE FIFTH PRINCIPAL MERIDIAN, DUBUQUE COUN-
TY, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated the 1st of August, 2012, prepared by WHKS & Co., describing the North-
west Quarter of the Northwest Quarter of Section 27, Township 88 North, Range 2 East
of the Fifth Principal Meridian, Dubuque County, Iowa to be hereinafter known as Lot 1
4
and Lot 2 of the Northwest Quarter of the Northwest Quarter of Section 27, Township 88
North, Range 2 East of the Fifth Principal Meridian, Dubuque County, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated the 1st of August, 2012 prepared by WHKS & Co., rela-
tive to the real estate hereinabove described be and the same is hereby approved, and
the Mayor and City Clerk be and they are hereby authorized and directed to execute
said plat for and on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby authorized and directed to file said
plat and certified copy of this resolution in the office of the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this 4th day of September, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RESOLUTION NO. 229 -12
APPROVING PLAT OF SURVEY OF LOT 1 AND LOT 2 OF THE SOUTHWEST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 88
NORTH, RANGE 2 EAST OF THE FIFTH PRINCIPAL MERIDIAN, DUBUQUE COUN-
TY, IOWA
Whereas, there has been presented to the City Council of the City of Dubuque, Iowa,
a plat dated the 1st of August, 2012, prepared by WHKS & Co., describing the South-
west Quarter of the Southwest Quarter of Section 22, Township 88 North, Range 2 East
of the Fifth Principal Meridian, Dubuque County, Iowa to be hereinafter known as Lot 1
and Lot 2 of the Southwest Quarter of the Southwest Quarter of Section 22, Township
88 North, Range 2 East of the Fifth Principal Meridian, Dubuque County, Iowa; and
Whereas, said plat conforms to the laws and statutes pertaining thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the plat dated the 1st of August, 2012 prepared by WHKS & Co., rela-
tive to the real estate hereinabove described be and the same is hereby approved, and
the Mayor and City Clerk be and they are hereby authorized and directed to execute
said plat for and on behalf of the City of Dubuque, Iowa.
Section 2. That the City Clerk be and is hereby authorized and directed to file said
plat and certified copy of this resolution in the office of the Recorder in and for Dubuque
County, Iowa.
Passed, approved and adopted this 4th day of September, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Consent Decree Semiannual Report: City Manager recommending submittal of the
September 2012 Semiannual Report for the U.S. Environmental Protection Agency
Consent Decree. Upon motion the documents were received, filed, and approved.
Gallagher Benefit Services - Consulting and Actuarial Services Agreement: City
Manager recommending approval of an amendment to the Administrative Services
Agreement with Gallagher Benefit Services for benefit consulting and actuarial services
effective July 1, 2012, through June 30, 2014, and authorize the City Manager to sign
5
the Amendment. Upon motion the documents were received, filed, and approved.
Statewide Program for Monitoring Post - Construction Controls - Letter of Support: City
Manager recommending that the City send a letter of general support for a statewide
effort to help track and inspect post- construction controls and to create an on -line data-
base that all inspectors can use. Upon motion the documents were received, filed, and
approved.
Volunteer Generation Fund Grant: City Manager recommending that the City accept
a Volunteer Generation Fund Grant Award from the Iowa Commission on Volunteer
Service, which will allow the City to use volunteering as a strategy to meet some of the
Safe Community Task Force recommendations. Upon motion the documents were re-
ceived, filed, and approved.
Fiscal Year 2012 City Street Financing Report: City Manager recommending approv-
al of the City Street Financing Report for Fiscal Year 2012. Upon motion the documents
were received and filed and Resolution No. 230 -12 Approving the City of Dubuque Fis-
cal Year 2012 City Street Financing Report was adopted.
RESOLUTION NO. 230 -12
APPROVING THE CITY OF DUBUQUE FISCAL YEAR 2012 CITY STREET FINANC-
ING REPORT
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBQUE, IOWA:
Section 1. That the City Street Finance Report for the period of July 1, 2011, to June
30, 2012, is hereby approved and that the City Clerk is hereby authorized and directed
to file said report with the Iowa Department of Transportation.
Passed, approved and adopted this 4th day of September, 2012
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Purchase of Services Agreement - Green and Healthy Homes Initiative: City Manager
recommending execution of a contract with the Community Foundation of Greater
Dubuque to provide a Home Advocate for the Green and Healthy Homes Initiative. Up-
on motion the documents were received, filed, and approved.
Iowa Mississippi River Parkway Commission (MRPC) - 2012 Annual Report: Iowa
MRPC Chair John Goodmann submitting the 2012 Iowa Mississippi River Parkway
Commission's annual report. Upon motion the documents were received and filed.
Federal Emergency Management Agency (FEMA): Correspondence from Luis
Rodgriguez of the Federal Emergency Management Agency (FEMA), Engineering
Management Branch, providing the City with information on the appeals process and
notification of publication for the Flood Insurance Rate Map (FIRM) and Flood Insurance
Study (FIS) determinations. Upon motion the documents were received, filed and re-
ferred to the City Manager.
Arts and Cultural Affairs Advisory Commission / Investment Oversight Commission:
Commissioner John King submitting his resignation to the Arts and Cultural Affairs Ad-
6
visory Commission and the Investment Oversight Advisory Commission due to a
change in residency. Upon motion the document was received, filed and the resignation
accepted.
Housing Commission: Commissioner Dave Kepler submitting his resignation to the
Housing Commission. Upon motion the document was received, filed and the resigna-
tion accepted.
Iowa Municipal Professionals Academy: Correspondence from Cindy Kendall of the
ISU Extension and Outreach, Office of State and Local Programs thanking the City for
supporting the attendance of City Clerk Kevin Firnstahl and Assistant City Clerk Trish
Gleason at the 2012 Iowa Municipal Professionals Academy. Upon motion the docu-
ment was received and filed.
U.S. Department of Housing and Urban Development (HUD): Correspondence from
Shannon Steinbauer, Government Technical Representative for the U.S. Department of
Housing and Urban Development advising that the City's Healthy Homes and Lead
Hazard Control Program has received an overall performance rating of 100 out of 100
and providing some instruction on the program's relationship to the Green and Healthy
Homes Initiatives. Upon motion the documents were received and filed.
Code of Ordinances - Adoption of Supplement No. 10: City Clerk recommending
adoption of Supplement No. 10 to the City of Dubuque Code of Ordinances, which
adopts Ordinance Nos. 35 -12, 36 -12, 37 -12, 38 -12, 39 -12, 40 -12, and 41 -12 as adopted
by the City Council through August 20, 2012. Upon motion the documents were re-
ceived and filed and Resolution No. 231 -12 Adopting Supplement No. 10 to the Code of
Ordinances of the City of Dubuque, Iowa, was adopted.
RESOLUTION NO. 231 -12
ADOPTING SUPPLEMENT NO. 10 TO THE CODE OF ORDINANCES OF THE CITY
OF DUBUQUE, IOWA
Whereas, under date of August 17, 2009, the City Council, pursuant to Ordinance
No. 43 -09, readopted the Code of Ordinances of the City of Dubuque, Iowa in its entire-
ty; and
Whereas, since August 17, 2009 the City Council of the City of Dubuque, Iowa has
adopted certain ordinances amending the Code of Ordinances and said amendments
have been printed as supplements to the Code of Ordinances; and
Whereas, Section 380.8 of the Code of Iowa provides that supplements, by resolu-
tion, become part of the Code of Ordinances.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Supplement No. 10 of the Code of Ordinances of the City of Dubu-
que, Iowa, covering Ordinances 35 through 41, 2012 passed by Council and enacted
through August 20, 2012 prepared by the Sterling Codifiers, Inc., and filed in the Office
of the City Clerk of the City of Dubuque, Iowa is hereby adopted and becomes part of
the Code of Ordinances of the City of Dubuque, Iowa.
Passed, approved and adopted this 4th day of September, 2012.
Attest: Kevin S. Firnstahl, CMC, City Clerk
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Roy D. Buol, Mayor
Dubuque Main Street - Resolution of Support: City Manager recommending approval
of the Program Agreement between Dubuque Main Street, the City of Dubuque, and the
Iowa Department of Economic Development. Upon motion the documents were re-
ceived and filed and Resolution No. 232 -12 Resolution of support and financial com-
mitment for the Main Street Program in Dubuque was adopted.
RESOLUTION NO. 232 -12
OF SUPPORT AND FINANCIAL COMMITMENT FOR THE MAIN STREET PROGRAM
IN DUBUQUE
Whereas, an Agreement between the Iowa Economic Development Authority, Dubu-
que Main Street, and the City of Dubuque for the purpose of continuing the Main Street
Iowa program in Dubuque; and
Whereas, this Agreement is pursuant to contractual agreements between the Nation-
al Trust for Historic Preservation and the Iowa Economic Development Authority to as-
sist in the revitalization of the designated Main Street project area of Dubuque, Iowa;
and
Whereas, the City Council of Dubuque endorses the goal of economic revitalization
of the historic commercial district within the context of preservation and rehabilitation of
its historic buildings and supports the continuation of the Main Street Four Point Ap-
proach® as developed by the National Trust for Historic Preservation and espoused by
Main Street Iowa.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Dubuque,
Iowa, meeting in regular session on September 4, 2012, that the City of Dubuque here-
by agrees to support both financially and philosophically the work of Dubuque Main
Street and designates the Main Street Board to supervise the Program Director.
Passed, approved, and adopted this 4th day of September 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC, City Clerk
IBM Research - Amendment to Joint Development Agreement: City Manager rec-
ommending an amendment to the existing Joint Development Agreement with IBM Re-
search to support a Department of Energy Smart Grid Data Access Grant. Upon motion
the documents were received, filed, and approved.
Improvement Contracts / Performance, Payment and Maintenance Bonds: Contract
with A &G Electric for the North End Neighborhood Trail Lighting Project and Stackis
Construction for the Fire Hydrant Repainting Project Phase II 2012. Upon motion the
documents were received, filed, and approved.
Signed Contracts: Contract with Davis Construction for the Allison- Henderson Park
Building Remodel and Digital Designs for exterior bus decal advertising production. Up-
on motion the documents were received and filed.
Alcohol License Applications: City Manager recommending approval of annual beer,
liquor and wine license applications as submitted. Upon motion the documents were re-
ceived and filed and Resolution No. 233 -12 Approving applications for beer, liquor,
and /or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Busi-
ness and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and
8
Wine Licenses and Permits was adopted.
RESOLUTION NO. 233 -12
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 LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted
and filed with the City Council for approval and the same have been examined and ap-
proved; and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
following named applicants and permit types.
RENEWALS
Eagle Country Market
1800 Elm St.
Class E Liquor, Class B Wine, Class C
Beer (Carryout) (Sunday)
Los Aztecas Mexican Rest.
2700 Dodge St.
Class C Liquor License (LC) (Commercial)
Lucky 13 Tap
385 E 13th St.
Class C Liquor (Sunday)
Wal -Mart Supercenter #2004
4200 Dodge St.
Class E Liquor, Class B Wine, Class C
Beer (Carryout) (Sunday)
New
Fly DBQ Cafe
1100 Airport Rd.
Class B Beer (BB) (Includes Wine Coolers)
Hy -Vee Club Room
2395 NW Arterial
Special Class C (Beer/VVine) (Sunday)
Passed, approved and adopted this 4th day of September, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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.
Vacate of Property - 2500 Kerper Blvd. (Key City Plating): City Manager recommend-
ing setting a public hearing for September 17, 2012, to consider vacation of a lot known
as Lot 2A of McGraw -Hill, Key City Plating Replat. Upon motion the documents were
received and filed a public hearing was set for a meeting to commence at 6:30 p.m. on
September 17, 2012 in the Historic Federal Building.
Fiscal Year 2013 First Budget Amendment: City Manager recommending the first
Fiscal Year 2013 Budget Amendment be set for public hearing for September 17, 2012.
Upon motion the documents were received and filed and Resolution No. 234 -12 Setting
the date for the public hearing on Amendment No. 1 to the Fiscal Year 2013 Budget for
the City of Dubuque was adopted setting a public hearing for a meeting to commence at
6:30 p.m. on September 17, 2012 in the Historic Federal Building.
9
RESOLUTION NO. 234 -12
SETTING THE DATE FOR THE PUBLIC HEARING ON AMENDMENT NO. 1 TO THE
FISCAL YEAR 2013 BUDGET FOR THE CITY OF DUBUQUE
Whereas, Iowa Code Section 384.16 provides that the City Council shall set a time
and place for a public hearing on amendments to the budget and publish notice before
the hearing as provided in Iowa Code Section 362.3.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City Council shall conduct a public hearing on proposed Amend-
ment No. 1 to the Fiscal Year 2013 budget for the City of Dubuque at the City Council
Chambers at the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, on
Monday, September 17, 2012, beginning at 6:30 p.m.
Section 2. That the City Clerk be and is hereby authorized and directed to publish no-
tice of the public hearing, according to law, together with the required budget infor-
mation.
Passed, approved and adopted this 4th day of September 2012.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
BOARDS /COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards /Commissions:
Cable Television Commission: One 3 -year term through July 1, 2015 (Vacant term of
Herrig). Applicant: Kathleen McMullen, 1308 Curtis St.
Civic Center Commission: One 3 -year term through June 29, 20123 (Vacant term of
Field). Applicant: Kirstin Pope, 5388 Park Place. Ms. Pope spoke in support of her ap-
pointment.
Housing Commission: One 3 -year terms through August 17, 2014 (Vacant Term of
Krey). Applicant: Rick J. Baumhover, 601 Garfield Ave. #104. Mr. Baumhover spoke in
support of his appointment.
Human Rights Commission: Two 3 -year terms through January 1, 2013 and January
1, 2015 (Vacant Terms of Krey and Hansen). Applicants: Rick J. Baumhover, 601 Gar-
field Ave. #104. Howard Lee III, 516 Lincoln Ave. Mr. Baumhover spoke in support of
his appointment.
Zoning Advisory Commission: Two 3 -year terms through July 1, 2015 (Vacant terms
of Hardie and Miller). Applicants: Rick Baumhover, 601 Garfield Ave. #104; Stephen
Hardie, 62 Freemont Ave.; Charles Miller, 7010 Asbury Rd. Mr. Miller spoke in support
of his appointment. Mr. Baumhover requested that his application be withdrawn from
consideration for this commission.
PUBLIC HEARINGS
Request to Amend Planned Unit Development - Asbury Plaza (Tabled from June 18,
2012): Proof of publication on notice of public hearing to consider a request by O'Con-
10
nor & Thomas, P.C., Asbury Dubuque, LC, and Richardson Investments, LLC to amend
the Asbury Plaza Planned Unit Development to allow for a right -in /right -out access to
the Northwest Arterial and to amend the list of permitted uses, height and sign regula-
tions and the Zoning Advisory Commission recommending approval.
Correspondence from O'Connor & Thomas on behalf of the developers requesting
that the application be withdrawn from consideration. City Manager advising that City
staff has no objection to the request for withdrawal. Motion by Connors to remove from
the table. Seconded by Jones. Motion carried 7 -0.
Motion by Connors to receive and file the documents and accept the withdrawal. Se-
conded by Resnick. Motion carried 7 -0.
Upon motion the rules were suspended allowing anyone present to address the City
Council.
2013 Dubuque, LLC (FedEx) - Vacate Storm Sewer Easement and Blanket Ease-
ment: Proof of publication on notice of public hearing to consider the vacation of a blan-
ket access easement and a portion of storm sewer easement on Lot 1 Dubuque Indus-
trial Center North Second Addition, as requested by Carl Ruedebusch, representing the
purchasers of the lot, 2013 Dubuque, LLC, and the City Manager recommending ap-
proval. Motion by Lynch to receive and file the documents and adopt Resolution No.
235 -12 Disposing of City interest in storm sewer and access easements on Lot 1 Dubu-
que Industrial Center North Second Addition in the City of Dubuque, Dubuque County,
Iowa. Seconded by Jones. Motion carried 7 -0.
RESOLUTION NO. 235 -12
DISPOSING OF CITY INTEREST IN STORM SEWER AND ACCESS EASEMENTS
ON LOT 1 DUBUQUE INDUSTRIAL CENTER NORTH SECOND ADDITION IN THE
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA
Whereas, pursuant to resolution and published notice of time and place of hearing,
published in the Telegraph Herald, a newspaper of general circulation published in the
City of Dubuque, Iowa on the 24th day of August, 2012, the City Council of the City of
Dubuque, Iowa met on the 4th day of September, 2012, at 6:30 p.m. in the Historic Fed-
eral Building, 350 West 6th Street, Dubuque, Iowa, to consider the disposal of City inter-
est in storm sewer and access easements over and across real estate described as:
Lot 1 Dubuque Industrial Center North Second Addition in the City of Dubuque,
Dubuque County, Iowa
Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec-
tions, oral or written to the proposal to dispose of City interest in said easement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the release of City of Dubuque interest in a portion of a storm sewer
easement and a blanket access easement over and across real property described as
Lot 1 Dubuque Industrial Center North Second Addition in the City of Dubuque, Dubu-
que County, Iowa, as shown on the attached Exhibit A, to 2013 Dubuque, LLC, be and
the same is hereby approved for the cost of publication and filing fees, with the owner
agreeing to pay the cost to regrade the northwest corner of the site as shown on an ap-
proved site plan.
Section 2. That the Mayor be authorized and directed to execute a Release of a Por-
tion of a Storm Sewer Easement and a Blanket Access Easement, and the City Clerk be
11
and is hereby authorized and directed to deliver said Release to 2013 Dubuque, LLC
upon receipt of the publication and filing fees and regrading of the northwest corner of
the site to provide access to the easement area.
Section 3. That the City Clerk be and is hereby authorized and directed to record a
certified copy of this resolution in the offices of the City Assessor, Dubuque County Re-
corder and Dubuque County Auditor.
Passed, approved and adopted this 4th day of September, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
RELEASE OF A PORTION OF A STORM SEWER EASEMENT AND A BLANKET
ACCESS EASEMENT OVER AND ACROSS LOT 1 DUBUQUE INDUSTRIAL CEN-
TER NORTH SECOND ADDITION IN THE CITY OF DUBUQUE, DUBUQUE COUN-
TY, IOWA
Whereas, the Final Plat of Dubuque Industrial Center North First Addition in the City
of Dubuque, Iowa, was filed in the Office of the Recorder of Dubuque County, Iowa, as
File No. 2010 -20302 established a blanket access easement over Lot 4 of Dubuque In-
dustrial Center North First Addition; and
Whereas, the plat of Lot 1 Dubuque Industrial Center North Second Addition in the
City of Dubuque, Iowa, was filed in the office of the Recorder of Dubuque County, Iowa,
as File No. 2012 -3793, established a storm sewer easement over said Lot 1; and
Whereas, the Developer of Lot 1 Dubuque Industrial Center North Second Addition,
2013 Dubuque, LLC, has agreed to regrade a portion of the site and provide an addi-
tional access easement on the south side of said Lot 1; and
Whereas, a portion of the storm sewer easement and the blanket access easement
designated on said Lot 1 will no longer be required after development of the site.
NOW, THEREFORE, for valuable consideration, the undersigned, City of Dubuque,
Iowa, does hereby forever release, vacate, abandon, and discharge a portion of the
storm sewer easement and a blanket access easement over Lot 1 Dubuque Industrial
Center North Second Addition in the City of Dubuque, Iowa, as shown the attached
Easement Exhibit A to 2013 Dubuque, LLC; however, this Release in no way releases,
vacates, abandons, or discharges any other easement shown on the Final Plats of
Dubuque Industrial Center North First Addition and Dubuque Industrial Center North
Second Addition in the City of Dubuque, Iowa, filed in the office of the Recorder of
Dubuque County, Iowa, as File Numbers 2010 -20302 and 2012 -3793, respectively.
Passed, approved and adopted this 4th day of September, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Green Alley Permeable Pavers Supplemental Environmental Project (SEP): Proof of
publication on notice of public hearing to consider approval of plans specifications, form
of contract and estimated cost for the Green alley Permeable Pavers Supplemental En-
vironmental Project (SEP) between Jackson and Washington Streets from 16th to 17th
and between Jackson and White Streets from 17th to 18th and the City Manager recom-
mending approval. Motion by Braig to receive and file the documents and adopt Resolu-
tion No. 236 -12 Approval of plans, specifications, form of contract, and estimated cost
for the Green Alley Permeable Pavers Supplemental Environmental Project (Between
Jackson and Washington Streets from 16th to 17th and between Jackson and White
Streets from 17th to 18th). Seconded by Lynch. Dorothy Krayer, 1205 Park Street, spoke
12
in support of the project on behalf of Emmanuel Congregational United Church of Christ
at 1795 Jackson Street. Motion carried 7 -0.
RESOLUTION NO. 236 -12
APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT-
ED COST FOR THE GREEN ALLEY PERMEABLE PAVERS SUPPLEMENTAL EN-
VIROMENTAL PROJECT (BETWEEN JACKSON AND WASHINGTON STREETS
FROM 16TH to 17TH STREETS AND BETWEEN JACKSON AND WHITE STREETS
FROM 17TH to 18TH STREETS)
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
That the proposed plans, specifications, and form of contract now on file in the Office
of the City Clerk and estimated cost for the Green Alley Permeable Pavers Supple-
mental Environmental Project between Jackson & Washington Streets from 16th to 17th
Streets and Between Jackson & White Streets from 17th to 18th Streets, in the estimated
amount $378,359.60, are hereby approved.
Passed, adopted and approved this 4th day of September, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC, City Clerk
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Meter District Amendment - Historic Millwork District (Third Reading): City Manager
recommending approval of an Ordinance expanding the Downtown Meter District to in-
clude White Street from 5th Street to 11th Street on both sides, 8th Street both sides
White Street to Washington, 9th Street both sides White Street to Elm Street, 10th Street
both sides from White Street to Elm Street, 11th Street both sides from White Street to
Elm Street, Jackson Street both sides from 8th Street to 11th Street, and Washington
Street both sides from 8th Street to 11th Street.
Correspondence from the Dubuque Police Protective Association in opposition to the
Meter District Amendment.
Motion by Jones to receive and file the documents and adopt Ordinance No. 48 -12
Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic,
Chapter 14 Parking, Section 9 -14- 321.666 Municipal Parking Meter District Established
by Expanding the Downtown Meter District. Seconded by Resnick. Responding to ques-
tions from City Council, Parking System Supervisor Tim Horsfield reiterated that meters
would be installed as residential, retail and unexpected demands in the area dictated.
He also stated that installations would be done through onsite assessments and com-
munication with property owners. Motion carried 5 -2 with Lynch and Sutton voting nay.
OFFICIAL PUBLICATION
ORDINANCE NO. 48 -12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 9 MOTOR VEHI-
CLES AND TRAFFIC, CHAPTER 14 PARKING, SECTION 9 -14- 321.666 MUNICIPAL
PARKING METER DISTRICT ESTABLISHED BY EXPANDING THE DOWNTOWN
METER DISTRICT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
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DUBUQUE, IOWA:
Section 1. Section 9 -14- 321.666 of the City of Dubuque Code of Ordinances is
amended to read as follows:
9 -14- 321.666: MUNICIPAL PARKING METER DISTRICT ESTABLISHED:
There is hereby established a municipal parking meter district to be comprised of
streets and /or portions thereof as follows:
East -west streets:
• 1st Street, both sides, between Locust Street and extending to the connector east
of Main Street.
• 2nd Street, both sides, between the connector east of Main Street and Locust
Street.
• 3rd Street, both sides, between Locust Street and Bluff Street.
• 4th Street, both sides, from Central Avenue to Locust Street.
• 4th Street, north side, between Locust Street and Bluff Street.
• 4th Street, south side, between Locust Street and Bluff Street, months of Decem-
ber through March only.
• 5th Street, both sides, between White Street and Bluff Street.
• 5th Street, north side, from Bluff Street to a point one hundred ninety six feet
(196') west of Bluff Street.
• 6th Street, both sides, between White Street and Central Avenue.
• 6th Street, both sides, from Locust Street to Bluff Street.
• 7th Street, both sides, between White Street and Iowa Street.
• 7th Street, north side from the alley west to Bluff Street, between Locust Street
and Bluff Street.
• 8th Street, both sides, between Locust Street and Hill Street.
• 8th Street, both sides, between Locust Street and Main Street.
• 8th Street, both sides, between Main Street and Iowa Street, except where posted
"No Parking ".
• 8th Street, both sides, between White Street and Central Avenue.
• 8th Street, both sides, between White Street and Washington Street.
• 9th Street, both sides, between White Street and Central Avenue.
• 9th Street, both sides, between White Street and Elm Street.
• 9th Street, north side, from Iowa Street to Locust Street.
• 9th Street, south side, between Iowa Street and the alley east of Iowa Street.
• 9th Street, south side, between Locust Street and Bluff Street.
• 9th Street, south side, between Locust Street and Main Street.
• 1 0th Street, both sides, between White Street and Elm Street.
• 1 0th Street, north side, between White Street and Locust Street.
• 1 0th Street, south side, between Iowa Street and Locust Street.
• 1 0th Street, south side, between White Street and Central Avenue.
• 11th Street, both sides, between White Street and Bluff Street.
• 11th Street, both sides, between White Street and Elm Street.
• 11th Street, south side, between White Street and Washington Street.
• 12th Street, both sides, between Central Avenue and Bluff Street.
• 12th Street, both sides, between Main Street and Bluff Street.
• 13th Street, both sides, between White Street and Locust Street.
• 15th Street, both sides, between White Street and the alley east of Iowa Street.
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• 15th Street, south side, between Iowa Street and the alley west of Central Ave-
nue.
• 16th Street, both sides, between the alley east of Central Avenue and the alley
west of Central Avenue.
• 17th Street, south side, between the alley east of Central Avenue and the alley
west of Central Avenue.
• 18th Street, south side, between Central Avenue and the alley east of Central Av-
enue.
North -south streets:
• Bluff Street, both sides, between 3rd Street and 8th Street.
• Bluff Street, both sides, between 1 0th Street and 12th Street.
• Bluff Street, west side, between 8th Street and 9th Street.
• Central Avenue, both sides, between 4th Street and 19th Street.
• Iowa Street, both sides, between 4th Street and Loras Boulevard.
• Iowa Street, west side of median, between 5th Street and 9th Street.
• Jackson Street, both sides, between 8th Street and 11th Street.
• Locust Street, both sides, between 1st Street and Loras Boulevard.
• Main Street, both sides, between 1st Street and 5th Street.
• Main Street, both sides, between 8th Street and 1 0th Street, except where posted
"NO PARKING ".
• Main Street, both sides, between 9th Street and Loras Boulevard.
• Main Street, both sides, from 1st Street to a point two hundred twenty feet (220')
south of 1st Street.
• Main Street, both sides, from 5th Street to 8th Street.
• Washington Street, both sides, from 8th Street to 11th Street.
• White Street, both sides, from 5th Street to 11th Street.
• White Street, west side, between 11th Street and 13th Street.
• White Street, west side, between 13th Street and 14th Street.
• White Street, west side, between East 14th Street and East 15th Street.
• 1st to 2nd Street connector, east of Main Street, east side, between 1st and 2nd
Section 2. This Ordinance takes effect upon publication.
Passed, approved and adopted the 4th day of September, 2012.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 7th day of September,
2012.
/s /Kevin S. Firnstahl, City Clerk
Grand River Center - Floor Settlement Remediation Project: City Manager recom-
mending that a public hearing be set for September 17, 2012, for the Grand River Con-
vention Center - Floor Settlement Remediation Project and to authorize advertisement
for proposals. Motion by Jones to receive and file the documents, adopt Resolution No.
237 -12 Preliminary approval of plans, specifications, form of contract, and estimated
cost; setting date of public hearing on plans, specifications, form of contract, and esti-
mated cost; and ordering the advertisement for bids (Grand River Convention Center
Floor Settlement Remediation Project), and set a public hearing for a meeting to com-
mence at 6:30 p.m. on September 17, 2012. Seconded by Resnick. Motion carried 7 -0.
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RESOLUTION NO. 237 -12
GRAND RIVER CONVENTION CENTER FLOOR SETTLEMENT REMEDIATION
PROJECT 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
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
The proposed plans, specifications, form of contract and estimated cost for the Grand
River Convention Center - Floor Settlement Remediation Project, in the estimated
amount $250,000.00, are hereby preliminarily approved and ordered filed in the office of
the City Clerk for public inspection.
A public hearing will be held on the 17th day of September, 2012, at 6:30 p.m. in the
Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubu-
que, Iowa, at which time interested persons may appear and be heard for or against the
proposed plans and specifications, form of contract and estimated cost of said Project,
and the City Clerk be and is hereby directed to cause the attached notice of the time
and place of such hearing to be published in a newspaper having general circulation in
the City of Dubuque, Iowa, which notice shall be published not less than four days nor
more than twenty days prior to the date of such hearing. At the hearing, any interested
person may appear and file objections to the proposed plans, specifications, form of
contract, or estimated cost of the Project.
The Grand River Convention Center - Floor Settlement Remediation Project is here-
by ordered to be advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the attached Notice to Bidders to be pub-
lished in a newspaper having general circulation in the City of Dubuque, Iowa, which
notice shall be published not less than four but not more than forty -five days before the
date for filing bids before 2:00 p.m. on the 20th day of September, 2012. Bids shall be
opened and read by the City Clerk at said time and will be submitted to the City Council
for final action at 6:30 p.m. on the 1st day of October, 2012, in the Historic Federal Build-
ing Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 4th day of September, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
Intermodal Transportation Campus - Design Award: City Manager recommending
award of the multi - phased final design and construction oversight of the Intermodal
Transportation Campus Phase I contract to Neumann - Monson of Iowa City, IA. Motion
by Connors to receive and file the documents and approve the recommendation. Se-
conded by Resnick. Responding to questions from City Council, Economic Develop-
ment Director Dave Heair and Parking System Supervisor Tim Horsfield provided infor-
mation on the breakdown of design fees paid to date and for components of the final
design. Motion carried 6 -1 with Braig voting nay.
16
Citizen Correspondence: Correspondence from Amy Spiegelhalter, 3739 Inwood Av-
enue, requesting the City install a sidewalk on Peru Road from the Casey's General
Store to the Heritage Trail. Motion by Connors to receive and file the documents and
refer to the City Manager for staff to explore and present information at a future meet-
ing. Seconded by Resnick. Motion carried 7 -0.
COUNCIL MEMBER REPORTS
Buol reported on being contacted by Bud Isenhart who thanked the Mayor and City
staff for the many little projects such as neighborhood parks that the City has completed
and is working on.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:32 p.m. regarding pending litiga-
tion pursuant to Chapter 21.5(1)(c), Code of Iowa. Seconded by Resnick. Motion carried
7 -0.
Upon motion the City Council reconvened in open session at 7:50 p. m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 7:51 p.m.
Kevin S. Firnstahl, CMC
City Clerk
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