Minutes_City Council Proceedings 2 7 11CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
The Dubuque City Council met in special session at 5:30 p.m. on February 7, 2011 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Voetberg
Mayor Buol read the call and stated that this was a special meeting of the City Council
called for the purpose of discussing the Convention and Visitors Bureau Budget and Work
Plan.
Keith Rahe, Executive Director of the Dubuque Convention and Visitors Bureau, introduced
CVB staff members and presented a slide presentation on the Bureau's Fiscal Year 2012
budget including information regarding partnerships, awards, tourism statistics and marketing
efforts. Mr. Rahe then responded to questions from the City Council.
There being no further business, upon motion the City Council adjourned at 6:15 p.m.
/s /Jeanne F Schneider, CMC
City Clerk
The Dubuque City Council met in regular session at 6:30 p.m. on February 7, 2011 in the
Historic Federal Building.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Voetberg
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
Mayor Buol read the call and stated this is a regular session of the City Council to act upon
such business that may properly come before the City Council.
Pledge of Allegiance
Invocation was provided by Dr. Reverend Ken Bickel of First Congregational UCC.
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.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 11/23;
City Council of 1/18; Civil Service Commission of 12/6 and 1/14; Historic Preservation
Commission of 1/20; Housing Code Appeals Board of 10/19; Housing Commission of 11/23;
Investment Oversight Advisory Commission of 1/27; Long Range Planning Advisory
Commission of 1/19; Park and Recreation Commission of 1/11
Substance Abuse Services Center Fiscal Year 2011 Second Quarter Report
Library Board of Trustees Update from the Meeting of January 27, 2011
Investment Oversight Advisory Commission 71 Quarterly Report
Proofs of publication of City Council Proceedings of January 3 and 18, 2011 and List of
Claims and Summary of Revenues for Month Ended December 31, 2010
Upon motion the documents were received and filed.
Notice of Claims /Suits: Jennifer Ney for personal injury/property damage; Emily Marie Leicht
for vehicle damage; Marion Durrah vs. City of Dubuque, et al; Susan Schueller for vehicle
damage; Clay W. Gronen for vehicle damage. Upon motion the documents were received, filed
and referred to the City Attorney.
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: Michael Willis for
vehicle damage; Miriah Roath for personal injury and vehicle damage; Katie Schaefer for
vehicle damage; Jennifer Ney for personal injury/property damage; Kayla McLaughlin for
vehicle damage; Christa Welu Trust for property damage. Upon motion the documents were
received, filed and concurred.
Management Agreement for Bunker Hill Golf Course: City Manager recommending approval
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of a management agreement with G.M.S., Inc. (George Stephenson) for the Bunker Hill Golf
Course for the period beginning March 1, 2011 and ending November 30, 2011. Upon motion
the documents were received, filed, and approved.
Federal Emergency Management Agency (FEMA): Communication to Bob Bissell, FEMA
Region VII, regarding the Scientific Review Panel Notification for FEMA Preliminary DFIRM.
Upon motion the document was received and filed.
North End Neighborhood Association: Communication from the North End Neighborhood
Association thanking the City for the combined efforts that made possible the FEMA decision
to accept the revised flood map created by the City of Dubuque's consultant CDM. Upon
motion the document was received and filed.
Master Consulting Services Agreement: City Manager recommending approval of the First
Amendment to the Master Consulting Services Agreement with David Lyons to extend the
agreement through June 30, 2012. Upon motion the documents were received, filed, and
approved.
Legislative Correspondence: Communication to the Legislative Information Office urging the
Iowa Legislature to maintain both the Iowa Smart Planning Bill and the I -JOBS II funding.
Communication to area legislators expressing opposition of the City of Dubuque to several
aspects of Governor Branstad's budget.
Upon motion the documents were received and filed.
Smart Planning Bill: Communication from the Long Range Planning Advisory Commission
advising that the Commission supports the Iowa Smart Planning Bill and related expenses and
urging the City Council to support it also. Upon motion the document was received and filed.
Complete Streets Policy: Communication from the Long Range Planning Advisory
Commission advising that Complete Streets are consistent with the 2008 Dubuque
Comprehensive Plan and recommending that the City Council adopt a Complete Streets
Policy. Upon motion the document was received and filed.
Harvest View Estates Sixth Addition: City Manager recommending re- approval of the final
plat of Harvest View Estates Sixth Addition. Upon motion the documents were received and
filed and Resolution No. 26 -11 Authorizing the re- approval of the final plat of Harvest View
Estates Sixth Addition in the City of Dubuque, Iowa, was adopted.
Save America's Treasures (SAT) Program Funding: City Manager's communication to The
Honorable Ken Salazar, Secretary of the Department of Interior, regarding the importance of
ensuring that Save America's Treasures is included as a priority in the 2012 budget at the $25
million level. Upon motion the document was received and filed.
Natural Gas Wireless Network Equipment License Agreement: City Manager recommending
approval of the Natural Gas Wireless Network Equipment License Agreement between the City
of Dubuque and Black Hills Energy. Upon motion the documents were received, filed, and
approved.
Resolution of Protest to Preliminary DFIRM for the City of Dubuque: Communication to
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Richard Leonard, FEMA Region VII, expressing gratitude for the assistance and cooperation
that FEMA has shown with respect to re- mapping the Bee Branch and other areas of the City.
Upon motion the document was received and filed.
Central Avenue HMA Resurfacing Project: City Manager recommending approval of an Iowa
Department of Transportation (Iowa DOT) Cooperative Agreement for Primary Road Project
for the Central Avenue HMA Resurfacing Project, from 21 to 32 Street. Upon motion the
documents were received and filed and Resolution No. 27 -11 Approving the Iowa Department
of Transportation Cooperative Agreement for Primary Road Project (Agreement No. 2011 -16-
079) for the Central Avenue HMA Resurfacing with Milling Project, from 21 to 32 Street was
adopted.
Bee Branch Deconstruction Project: City Manager recommending acceptance of the Bee
Branch Deconstruction Project as completed by Gronen Restoration in the amount of
$332,058.65 for Bid Groups 1, 2, 4, 6, 12, and 13; Tschiggfrie Excavating in the amount of
$622,097.28 for Bid Groups 3, 5, 8, 9, 10, 11, 14, and 15; and Ted Stackis Construction in the
amount of $141,742.63 for Bid Group 7. Upon motion the documents were received and filed
and Resolution No. 28 -11 Accepting the building deconstruction associated with the Bee
Branch Creek Restoration Project, Bid Groups 1, 2, 4, 6, 12, and 13, and authorizing the
payment of the contract amount to the contractor; Resolution No. 29 -11 Accepting the building
deconstruction associated with the Bee Branch Creek Restoration Project, Bid Groups 3, 5, 8,
9, 10, 11, 14 and 15, and authorizing the payment of the contract amount to the contractor;
and Resolution No. 30 -11 Accepting the building deconstruction associated with the Bee
Branch Creek Restoration Project, Bid Group 7, and authorizing the payment of the contract
amount to the contractor were adopted.
Plat Approval: Kerper Boulevard — 12 Street to 16 Street: City Manager recommending
approval of the plat of Lot 1 and Lot A of Bee Branch Subdivision No. 2 in the City of Dubuque,
Dubuque County, Iowa. Upon motion the documents were received and filed and Resolution
No. 31 -11 Approving the final plat of Lot 1 and Lot A of Bee Branch Subdivision No. 2 in the
City of Dubuque, Dubuque County, Iowa, was adopted.
Vacant and Abandoned Building (VABs) and Problem Property Assessments: City Manager
recommending approval of vacant and abandoned building and problem property
assessments. Upon motion the documents were received and filed and Resolution No. 32 -11
Authorizing the City to collect delinquent vacant and abandoned building and problem property
charges in accordance with Title 6- 6 -3B1h; Title I6 -6 -4B3 and Title 6 -6B of the Code of
Ordinances of the City of Dubuque, Iowa, was adopted.
Grass and Weed Cutting Assessments: City Manager recommending approval to certify
grass and weed cutting charges to the Dubuque County Treasurer in order to establish real
property liens for collection of such charges. Upon motion the documents were received and
filed and Resolution No. 33 -11 Authorizing the City to collect delinquent grass and weed
cutting and garbage collection charges in accordance with Title 6- 6 -3C2o; Title 6 -6 -4B3 and
Title 6 -6B of the Code of Ordinances of the City of Dubuque, Iowa, was adopted.
Delinquent Water, Sewer, Refuse and Storm Water Collection Accounts: City Manager
recommending approval of the submission of delinquent water, sewer, refuse and storm water
collection accounts to the Dubuque County Treasurer. Upon motion the documents were
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received and filed and Resolution No. 34 -11 Adopting the Schedule of Assessments for
delinquent water, refuse, sewer and storm water collection accounts and directing the Clerk to
certify the schedule of assessments to the County Treasurer and to publish notice thereof was
adopted.
Comprehensive Annual Financial Report (CAFR): City Manager transmitting the 2010
Comprehensive Annual Financial Report (CAFR). Upon motion the documents were received
and filed.
Sister City Relationships Advisory Commission: Communication from Eric Miller advising
that he will be unable to accept an appointment to the Sister City Relationships Advisory
Commission. Upon motion the document was received and filed and the resignation accepted.
Workers' Compensation Claims: City Manager recommending approval of the settlement of
the workers' compensation claims of Michael Clancy and Kevin Sweeney. Upon motion the
documents were received, filed, and approved.
Levee Certification — Interior Drainage Study Agreement Amendment: City Manager
recommending approval to amend the City's agreement with CDM to include the interior
drainage study required as a prerequisite for levee certification. Upon motion the documents
were received, filed, and approved.
Historic Millwork District Streetscape and Utilities — V &K Amendment No. 2: City Manager
recommending approval of Amendment No. 2 to the Historic Millwork District Streetscape and
Utilities Professional Engineering Services Agreement between the City and Veenstra & Kimm,
Inc. (V &K). Upon motion the documents were received, filed, and approved.
Citizen Petition: Petition submitted by Judith Hertin, 2074 Morningview Road, regarding
school taxes. Upon motion the documents were received and filed.
A.Y. McDonald Manufacturing Iowa Demonstration Fund Application: Communication to the
Iowa Department of Economic Development in support of the application submitted by A.Y.
McDonald Manufacturing for financial assistance from the IDED's Demonstration Fund. Upon
motion the document was received and filed.
Quarterly Investment Report: City Manager transmitting the December 31, 2010 Quarterly
Investment Report. Upon motion the documents were received and filed.
Preliminary DFIRM Revised Panels: City Manager transmitting correspondence with the
Federal Emergency Management Agency (FEMA) regarding revised panels for the preliminary
Digital Flood Insurance Rate Map (DFIRM) for our community. Upon motion the documents
were received and filed.
Envision 2010 Brochure: Submittal of the new Envision 2010 progress report brochure.
Upon motion the document was received and filed.
Dubuque Industrial Center North First Addition — Covenants: City Manager recommending
approval of the same covenants that govern the Dubuque Industrial Center West for the
Dubuque industrial Center North First Addition. Upon motion the documents were received and
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filed and Resolution No. 35 -11 Adopting the Third Amended and Restated Declaration of
Covenants, Conditions, Restrictions, Reservations, Easements, Liens and Charges with
respect to Dubuque Industrial Center North First Addition was adopted.
Signed Contracts: (A) 975 Central Parking Ramp Change Order #PS -02; (B) Water Pollution
Control Plant Modifications — Miron Construction Co., Inc. Change Order No. 3; (C) JELD-
WEN Chipper Agreement; (D) Water Pollution Control Plant Modifications — Strand Associates,
Inc. — Engineering Services Agreement — Outfall Sewer Assessment; (E) Water Pollution
Control Plant Modifications — Miron Construction Co., Inc. Change Order No. 4; (F) Water
Pollution Control Plant Modifications — MWH Americas, Inc. Additional Service Agreement II;
(G) Water Pollution Control Plant Modifications — Strand Associates, Inc. — Construction
Related Services Agreement; and (H) Water Pollution Control Plant Modifications — EcoSmart
Building, PC — Additional Services for Utility Rebate Verification. Upon motion the documents
were received and filed.
Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution
No. 36 -11 Granting the issuance of a Class "C" Beer Permit to Oky Doky #8 and Hartig Drug
#8; and Resolution No. 37 -11 Granting the issuance of a Class "C" Beer /Liquor License to
Tony's Place and Dubuque Mining Company; a Special Class "C" Liquor License to Pusateri's;
a Class "B" Wine Permit to Oky Doky #8 and Hartig Drug #8; and a Class "WBN" Native Wine
Permit to Cedar Cross Amoco were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Jones 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 Lynch. Motion carried 6 -0.
Sale of Property at 346 East 19 Street: City Manager recommending that a public hearing
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be set for February 22, 2011 to consider approval of the sale of property at 346 East 19
Street. Upon motion the documents were received and filed and Resolution No. 38 -11
Resolution of intent to dispose of City -owned property, specifically, North 1 /2 of Lot 97, except
the West 57'6" thereof, in East Dubuque Addition in the City of Dubuque, Iowa according to the
recorded plat thereof — 346 East 19 Street was adopted setting a public hearing for a meeting
to commence at 6:30 p.m. on February 22, 2011 in the Historic Federal Building.
Washington Neighborhood Conservation District Expansion: City Manager recommending
that a public hearing be set for February 22, 2011 to consider approval of an amendment to
expand the Washington Street Neighborhood Conservation District. Upon motion the
documents were received, filed, and approved setting a public hearing for a meeting to
commence at 6:30 p.m. on February 22, 2011 in the Historic Federal Building.
Engine House #1 MT, LLC Lease: City Manager recommending that a public hearing be set
for February 22, 2011 to consider approval of a proposed 40 -year lease between the City of
Dubuque and Engine House #1 MT, LLC., a subsidiary of Dubuque Initiatives, for Engine
House #1, which formerly housed the Housing Department offices. Upon motion the
documents were received and filed and Resolution No. 39 -11 Resolution to set hearing on
disposal of interest in real property to Engine House #1 MT, LLC, was adopted setting a public
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hearing for a meeting to commence at 6:30 p.m. on February 22, 2011 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:
Mechanical Board: One 3 -year term through March 16, 2014 (Term of Hillard). Applicant:
Gary Hillard, 2826 Muscatine Street.
Sister City Relationships Advisory Commission: One 3 -year term through February 1, 2014
(Term of Miller). Applicants: Jill Connors, 720 Nevada Street, and Phyllis Lee, 520 S.
Grandview Avenue. Ms. Connors and Ms. Lee spoke in support of their respective
appointment.
Transit Advisory Board: One 3 -year term through July 30, 2011 (Term of Croissant)
Applicant: R.R.S. Stewart, 460 Summit Street. Ms. Stewart spoke in support of her
appointment.
Appointments to the following Boards /Commissions: Community Development Advisory
Commission: One 3 -year term through February 15, 2014 (Term of Michalski). Applicant: Ann
Michalski, 1520 Altura Drive. Motion by Braig to appoint Ann Michalski to the Community
Development Advisory Commission for a 3 -year term through February 15, 2014. Seconded by
Resnick. Motion carried 6 -0.
PUBLIC HEARINGS
Upon motion, the rules were suspended allowing anyone present to address the City
Council.
Expansion of Faley Properties, LLC and Faley Enterprises, Inc. (IWI): Proof of publication
on notice of public hearing to consider approval of the disposition of Dubuque Industrial Center
West property to Faley Properties, LLC and Faley Enterprises, Inc. for the purpose of
constructing a 65,000 square foot office /distribution center and City Manager recommending
approval. Motion by Connors to receive and file the documents and adopt Resolution No. 40-
11 Approving a Development Agreement providing for the sale of 8.369 acres in the Dubuque
Industrial Center West to Faley Properties, LLC and Faley Enterprises, Inc. Seconded by
Jones. Motion carried 6 -0.
Plastic Center, Inc. — Development Agreement: Proof of publication on notice of public
hearing to consider entering into a Development Agreement with Plastic Center, Inc. for the
purpose of redeveloping properties located at 426 West 5 Street and 951, 955 and 957 Main
Street and City Manager recommending approval. Motion by Connors to receive and file the
documents and adopt Resolution No. 41 -11 Approving a Development Agreement with Plastic
Center, Inc. for the property located at 426 West 5 Street and 951, 955 and 957 Main Street.
Seconded by Jones. Motion carried 6 -0.
Southwest Arterial — North Cascade Road Bridge Construction Project: Proof of publication
on notice of public hearing to consider approval of the plans and specifications, form of
contract, estimated cost for the North Cascade Road Bridge Construction Project and award of
the contract to Minnowa Construction, Inc., in the amount of $1,408,542.50 and City Manager
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recommending approval. Motion by Jones to receive and file the documents and adopt
Resolution No. 42 -11 Approval of plans, specifications, form of contract, and estimated cost for
the North Cascade Road Bridge Project; and Resolution No. 43 -11 Awarding public
improvement contract for the North Cascade Road Bridge Construction Project. Seconded by
Braig. Responding to questions from City Council, Assistant City Engineer Bob Schiesl
provided additional information about the qualifications and background of Minnowa
Construction, Inc. Motion carried 6 -0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Greater Dubuque Development Corporation: Rick Dickinson, Executive Director — Greater
Dubuque Development Corporation, to provide a verbal update. Motion by Lynch to receive
and file the information. Seconded by Resnick. Mr. Dickinson introduced staff and described
their duties and highlighted the work of GDDC, IBM, Dubuque workforce statistics, and
national marketing efforts. Mr. Dickinson responded to questions from the City Council. Motion
carried 6 -0.
Alamo / Historic Millwork District Parking: City Manager recommending approval of the
Assignment of Rights in Purchase Agreement from Warehouse Redevelopment, LLC to Rouse
and Dean Foundry, LLC. Motion by Connors to receive and file the documents and adopt
Resolution No. 44 -11 Approving an Assignment of Rights in Purchase Agreement for property
in the Historic Millwork District, commonly referred to as the Alamo Site, to Rouse and Dean
Foundry, LLC. Seconded by Braig. Motion carried 6 -0.
Historic Millwork District Complete Streets Project: City Manager recommending award of
the contract for the Historic Millwork District Complete Streets Project to Portzen Construction
in the amount of $5,575,005.92. Motion by Jones to receive and file the documents and adopt
Resolution No. 45 -11 Awarding public improvement contract for the Historic Millwork District
Complete Streets Project. Seconded by Lynch. Motion carried 6 -0.
Southwest Arterial Value Engineering Study: City Manager recommending approval of the
recommendations of the preliminary design Value Engineering evaluation and support the
proposed design modifications being incorporated into the Final Design phase for the
Southwest Arterial project. Motion by Connors to receive and file the documents and adopt
Resolution No. 46 -11 Approving and supporting the Value Engineering recommendations for
the final design phase of the Southwest Arterial. Seconded by Braig. Responding to questions
from City Council, Assistant City Engineer Bob Schiesl addressed funding information and
safety concerns. Motion carried 6 -0.
Request for Proposals — Biosolids Management Program: City Manager recommending
approval of the issuance of a Request for Proposals to seek qualified contractors interested in
developing, implementing, and maintaining a biosolids management program for the Water
Pollution Control Plant (WPCP). Motion by Connors to receive and file the documents and
approve the recommendation. Seconded by Braig. Motion carried 6 -0.
First Amendment to Development Agreement with Maylay Holdings, LLC, and Vanguard
Countertops, Inc.: City Manager recommending approval of the First Amendment to the
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Development Agreement between the City of Dubuque and Malay Holdings, LLC, and
Vanguard Countertops, Inc., to provide for a three year extension of the job creation period to
January 1, 2014. Motion by Jones to receive and file the documents and adopt Resolution No.
47 -11 Approving the First Amendment to the Malay Holdings, LLC and Vanguard Countertops,
Inc., Development Agreement. Seconded by Connors. Motion carried 6 -0.
Teamsters Local Union No. 120 — Collective Bargaining Agreement: City Manager
recommending approval of the collective bargaining agreement between the City of Dubuque
and the Teamsters Local Union No. 120 for Fiscal Year 2012. Motion by Jones to receive and
file the documents and adopt Resolution No. 48 -11 Approving the agreement between the City
of Dubuque, Iowa and the Teamsters Local Union No. 120 and authorizing the Mayor to sign
the agreement. Seconded by Lynch. City Council thanked the Teamsters Union and City
employees for their teamwork. Motion carried 6 -0.
Dubuque Professional Firefighters Association, Local #353 — Collective Bargaining
Agreement: City Manager recommending approval of the collective bargaining agreement
between the City of Dubuque and the Dubuque Professional Firefighters Association Local
#353 for Fiscal Year 2012. Motion by Jones to receive and file the documents and adopt
Resolution No. 49 -11 Approving the agreement between the City of Dubuque, Iowa, and the
Dubuque Professional Firefighters Association Local #353 and authorizing the Mayor to sign
the agreement. Seconded by Braig. Motion carried 6 -0.
K9 Acquisition: City Manager recommending approval to proceed with the adoption of a
U.S. Army trained K9, purchase of equipment and training of a new handler. Motion by
Connors to receive and file the documents and approve the recommendation. Seconded by
Braig. Motion carried 6 -0.
Safe Community Task Force Recommendation Implementation - Volunteer Center
Coordinator: City Manager recommending approval of an Iowa Commission on Volunteer
Service AmeriCorps VISTA position grant application for a Volunteer Center Coordinator and a
Memorandum of Agreement for the position. Motion by Connors to receive and file the
documents and approve the recommendation. Seconded by Braig. Responding to questions
from City Council, Leisure Services Manager Marie Ware stated that the coordinator would be
located at the Leisure Services Office. Motion carried 6 -0.
James Street — Request for Removal of Two -Hour Parking: City Manager recommending
approval of the removal of two -hour parking on the east side of James Street from Mazzuchelli
Heights to West 3rd Street. 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 Braig.
Motion carried 6 -0.
Motion by Connors for final consideration and passage of Ordinance No. 10 -11 Amending
Section 9- 14- 321.602(c) of the Code of Ordinances of the City of Dubuque, Iowa, providing for
two -hour parking by deleting James Street, east side, from Mazzuchelli Heights to West 3rd
Street. Seconded by Braig. Motion carried 6 -0.
Disabled Parking Space Fine Increase: City Manager recommending approval of a disabled
parking space fine increase from $100.00 to $200.00 to reflect State of Iowa changes. Motion
by Jones to receive and file the documents and that the requirement that a proposed
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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 Braig. Motion carried 6 -0.
Motion by Jones for final consideration and passage of Ordinance No. 11 -11 Amending City
of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking,
Section 9 -14- 321.621 Parking Violations; Fines by increasing the fine for disabled parking
violations from $100.00 to $200.00. Seconded by Braig. Motion carried 6 -0.
Rental License Requirement Amendments: City Manager recommending approval of
amendments to the rental licensing ordinance. 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 Lynch. Responding to questions from City Council, Van Milligen
provided examples of possible exceptions and stated that he would only waive the requirement
under advisement of the City Attorney and the Police Chief. Motion carried 6 -0.
Motion by Connors for final consideration and passage of Ordinance No. 12 -11 Amending
City of Dubuque Code of Ordinances Title 6 Health, Housing, Sanitation, and Environment,
Chapter 6 Housing Regulations, Section 6 -6 -7 Licenses and Inspections adding a provision
which allows the City Manager to waive the crime free multi- housing program requirement as a
condition of a rental license; and adds a provision which allows the City Manager to waive the
criminal background check requirement as a condition of a rental license. Seconded by Braig.
Motion carried 6 -0.
Work Session — Sustainable Dubuque: City Manager requesting that a work session
regarding Sustainable Dubuque be scheduled for March 7, 2011 at 5:00 p.m. Motion by Jones
to receive and file the document and approve the request. Seconded by Lynch. Motion carried
6 -0.
Fiscal Year 2012 Operating Budget and Capital Improvement Program: City Manager
submitting the Fiscal Year 2012 Operating Budget and Five Year Capital Improvement
Program. Motion by Connors to receive and file documents. Seconded by Jones. Motion
carried 6 -0.
COUNCIL MEMBER REPORTS
Jones stated that he would like staff to explore expanding the recently passed ordinance
affecting landlords to include property theft by tenants. City Attorney Lindahl and Police Chief
Mark Dalsing provided information about city and state theft laws, current procedures and the
information already available to landlords and tenants.
Buol reported on his attendance at the recent U.S. Conference of Mayors and specifically
the Civility Accord presented by the Mayor of Tucson, Arizona, which addresses good citizen -
elected official relations.
CLOSED SESSION
Motion by Jones to go into closed session at 8:02 p.m. regarding pending litigation and
property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Braig.
Motion carried 6 -0.
Upon motion the City Council reconvened in open session at 8:44 p.m. stating that staff had
been given proper direction.
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There being no further business, upon motion the City Council adjourned at 8:45 p.m.
1t 2/16
/s /Jeanne F. Schneider, CMC
City Clerk
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