Minutes_City Council Proceedings 7 5 11
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
OFFICIAL
The Dubuque City Council met in special session at 5:00 p.m. on July 5, 2011 in the Historic
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Federal Building, 350 W. 6 Street.
Present: Mayor Buol, Council Members, Braig, Connors, Jones, Lynch, Resnick, Sutton,
City Manager Van Milligen, City Attorney Lindahl (joined at 5:11 p.m.)
Mayor Buol read the call and stated this is a special session of the City Council to conduct a
work session on the Greenhouse Gas Emissions Reduction Plan.
WORK SESSION
GREENHOUSE GAS EMISSIONS REDUCTION PLAN
Jason Schatz and Jason Hensen of Green Dubuque provided a slide presentation on
reducing greenhouse gas emissions by 50 percent by the year 2030. Topics included:
Goals: engage with climate change, feasibility/test of target, demonstrate feasibility of
target, planning process
Community Involvement
Community support through local businesses, Facebook, word of mouth, speaker
events
Website: www.dubuqueghgplan.org
Public service announcements
Community workshops
Private sector support
Key Partners: Greater Dubuque Development Corps, Dubuque 2.0, Innovations Consortium,
Sustainable Dubuque, University of Iowa Students
Feasibility Study and Executive Summary
Local opportunity and Impact
Responding to questions from the City Council, Mr. Schatz and Mr. Hensen discussed the
potential for assistance with staffing needs and stated that they envisioned initial start up of the
plan and then providing periodic review within a few years. They added that the plan is
voluntary and is a measureable continuation of existing programs without regulation or
mandating. They requested that the City Council consider adopting a resolution of support for
reducing greenhouse gas emissions and initiate the planning process at a future meeting.
There being no further business, upon motion, the City Council adjourned at 5:53 p.m.
/s/Kevin S. Firnstahl
Acting City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
The Dubuque City Council met in regular session at 6:30 p.m. on July 5, 2011 in the Historic
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Federal Building, 350 W. 6 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 that this is a regular session of the City Council to act
upon such business that may properly come before the Council.
Pledge of Allegiance
Invocation was provided by Pastor Peter Marshall of Dubuque Bible Church.
PRESENTATIONS
Transit Manager Barbara Morck presented the Most Improved Transit System 2010 award
from the Iowa Department of Transportation and the Award of Excellence for the Highest
Percentage Decrease in Cost Per Ride from the Federal Transit Administration.
Mayor Buol and former Mayor Walt Pregler reported on the recent USS Dubuque
decommissioning ceremony that they attended in San Diego. Mayor Buol presented the City
with the ship’s last flag, which will be displayed along with the ship’s bell when it arrives.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Connors. Ronald (Ken) Nelson, 1624 Rhomberg Avenue, requested
(#3) Citizen Communication be held for separate discussion. Motion carried 7-0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 5/24; City
Council Proceedings of 6/20 and 6/27; Transit Advisory Board of 6/9
Proof of Publication for City Council Proceedings for Meeting of June 6, 2011
Official Proceedings of the City Council for Calendar Year 2010
Upon motion the documents were received and filed.
Notice of Claims/Suits: Camille Blackburn for vehicle damage; Geraldine Hayes for property
damage; Elizabeth Kabelis for vehicle damage; Mike and Cindy Paradiso for property damage;
Jeff Powers for vehicle damage; State Farm Insurance on behalf of Shawn Troester and Miriah
Roath 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: Ed Biederman for
vehicle damage; Patrick Donavan for property and vehicle damage; Elizabeth Kabelis for
vehicle damage; Trista Kuhl for property damage; Mike and Cindy Paradiso for property
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damage; Jeff Powers for vehicle damage; Wanda Schaller for personal injury. Upon motion the
documents were received, filed and concurred.
Citizen Communication: Communication from Ronald Kenneth Nelson stating that he
believes police officers are unjustly citing motorcyclists and that the City consider using setting
specific decibel readings regarding noise limits as they relate to the City’s noise ordinance.
Motion by Connors to receive and file the information and refer to the City Manager. Seconded
by Jones. Ronald (Ken) Nelson, 1624 Rhomberg Avenue, read a prepared statement which
expressed his belief that the Police Department is unfairly enforcing the noise ordinance as it
relates to motorcycle mufflers. Motion carried 7-0.
Fiscal Year 2012 Community Development Block Grant (CDBG) Agreement: City Manager
recommending authorization of a Community Development Block Grant (CDBG) agreement
with the U.S. Department of Housing and Urban Development (HUD) in the amount of
$1,126,998 for the program year beginning July 1, 2011 and ending June 30, 2012. Upon
motion the documents were received and filed and Resolution No. 206-11 authorizing
Execution of a Community Development Block Grant Agreement with the U.S. Department of
Housing and Urban Development was adopted.
Iowa 32 Geometric and Signalization Improvements – US 20 to John F. Kennedy Road: City
Manager recommending acceptance of the Iowa 32 Geometric and Signalization
Improvements – US 20 to John F. Kennedy Road project as completed by Portzen
Construction, Inc., in the final contract amount of $669,133,27. Upon motion the documents
were received and filed and Resolution No. 207-11 Accepting the IA 32 Geometric and
Signalization Improvements Project, U.S. 20 to John F. Kennedy Road (Iowa DOT Project No.
STP-A-32-1(29)--86-31), and authorizing the payment of the contract amount to the contractor
was adopted.
Quibby, LLC – Housing Enterprise Zone Program: City Manager recommending approval of
a Housing Enterprise Zone Program Agreement by and among the Iowa Department of
Economic Development, the City of Dubuque, and Quibby, LLC for redevelopment of property
located at 1132 and 1134 Locust Street. Upon motion the documents were received and filed
and Resolution No. 208-11 Approving a Housing Enterprise Zone Program agreement by and
among the Iowa Department of Economic Development, the City of Dubuque and Quibby, LLC
was adopted.
DuRide – Fiscal Year 2012 Agreement: City Manager recommending approval of an
agreement with DuRide for Fiscal Year 2012 (July 1, 2011 to June 30, 2012) providing for
transportation services to seniors in and around Dubuque and East Dubuque. Upon motion the
documents were received, filed, and approved.
Plat of Survey – Bee Branch Subdivision No. 1: City Manager recommending approval of
the Plat of Survey for Lot 1 and Lot 2 of Bee Branch Subdivision No. 1, (2300 Washington
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Street), which will allow the homes at 320 and 324 East 24 Street to be moved onto the new
lots. Upon motion the documents were received and filed and Resolution No. 209-11
Approving Plat of Survey of Lot 1 and Lot 2 of Bee Branch Subdivision No. 1 in the City of
Dubuque, Dubuque County, Iowa, was adopted.
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Workers’ Compensation Excess Insurance Renewal: City Manager recommending Safety
National as the City’s excess workers’ compensation carrier effective July 1, 2011 through
June 30, 2012, and further recommending approval of the renewal rate of $.138 per $100 of
payroll submitted by Safety National. Upon motion the documents were received, filed, and
approved.
2011 Community Development Block Grant Ramp Installation: City Manager recommending
award of the 2011 Community Development Block Grant (CDBG) Access Ramp Installation
Project to Skyline Trucking & Storage, Inc., in the amount of $30,767.00 for the replacement of
twenty-one (21) access ramps at various locations within the City. Upon motion the documents
were received, filed, and approved.
2010 Community Fluoridation Reaffirmation Award: City Manager transmitting a
communication from the Iowa Department of Health (IDPH) congratulating the City on
receiving the 2010 Community Fluoridation Reaffirmation Award from the Association of State
and Territorial Dental Directors (ASTDD), the American Dental Association (ADA), and the
Centers for Disease Control and Prevention (CDC). Upon motion the documents were
received and filed.
Mediacom: Communication from Lee Grassley, Senior Manager for Government Relations,
Mediacom Communications Corporation, informing the City of cable television programming
changes. Upon motion the document was received and filed.
State Historical Society of Iowa (SHSI): City Manager transmitting a press release from the
State Historical Society of Iowa (SHSI) announcing that the Hotel Julien is the recipient of the
SHSI’s William J. Wagner Award for recognition of a historic preservation project which best
exemplified the use of the U.S. Secretary of the Interior’s Standards for Rehabilitation of
Historic Buildings. Upon motion the document was received and filed.
Sustainable Dubuque Project Status Report: City Manager transmitting the Sustainable
Dubuque Project Status Report for the month of June 2011. Upon motion the documents were
received and filed.
Signed Contracts: 1) Contract with Digital Designs for the layout, production and installation
of the new Jule logos and advertising on City bus exteriors; 2) Change Order #PS-08 with J.P.
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Cullen & Sons, Inc., for the landscaping related to the 10 and Central parking ramp project.
Upon motion the documents were received and filed.
Liquor License Transfer: Application of the Rotary Club of Dubuque to transfer their liquor
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license from 135 W. 8 Street to the Alliant Amphitheater, Port of Dubuque, on July 30, 2011
for the Rock and Soul Reunion. Upon motion the documents were received, filed, and
approved.
Business License Applications: City Manager recommending approval of annual liquor
license and cigarette permit renewals as submitted. Upon motion the documents were
received and filed and Resolution No. 210-11 Granting the issuance of a Class “C” Beer/Liquor
License to Applebee’s Neighborhood Bar/Grill; Adobo’s Mexican Grill; Off Minor, Rondavoo,
Easy Street; a Special Class “C” Liquor License to Bell Tower Productions; a Special Class “C”
Liquor License to Irish Hooley; and a Class “WBN” Native Wine Permit to Hancock House Bed
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and Breakfast Inn; Resolution No. 211-11 Granting the issuance of a Class “B” Beer Permit (5-
Day License) to Dubuque All That Jazz (August/September); and Resolution No. 212-11
Granting the issuance of a Cigarette Permit to Eagle Country Market, Hammerheads Bar &
Billiards, Lucky 13, Mystique Casino, and the Walnut Tap were adopted.
ITEM TO BE SET FOR PUBLIC HEARING
Motion by Jones to receive and file the documents, set the public hearing as indicated, and
direct the City Clerk to publish notice as prescribed by law. Seconded by Braig. Motion carried
7-0.
Redistricting Plan for City Wards and Precincts: City Manager recommending that a public
hearing be set for July 18, 2011 for review and approval of the new Ward and Precinct
Redistricting maps. Upon motion the documents were received and filed setting a public
hearing for a meeting to commence at 6:30 p.m. on July 18, 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:
Human Rights Commission: One 3-year term through January 1, 2013 (Vacant term of
Davis). Applicant: Nickie Blume, 2523 Washington Street.
Transit Advisory Board: Three 3-year terms through July 30, 2014 (expiring terms of
Enderson, Lightcap, and Stewart). Applicants: George Enderson, 511 St. George Street; Joel
Lightcap, 1985 Alta Vista Street; and R.R.S. Stewart, 460 Summit Street.
Appointments were made to the following commissions:
Historic Preservation Commission: Three 3-year terms through July 1, 2014, At-
Large/Architect, Langworthy, Old Main and Cathedral Historic Preservation Districts
requirements, (Expiring terms of Klavitter, Rapp and Wand; One 3-year term through July 1,
2012 (Vacant term of Stover). Applicants: David Klavitter, 1090 West Third Street (Langworthy
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District resident); Mitzi Krey, 423 W. 3 Street. (Cathedral District resident); Joseph Rapp, 27
Locust Street (Additional Applicant) (Old Main District Interim); and Christopher Wand, 942 Mt.
Pleasant Street (At-Large/Architect). Upon roll call vote David Klavitter, Mitzi Krey, and
Christopher Wand were appointed to the Historic Preservation Commission for 3-year terms
through July 1, 2014. Motion by Connors to appoint Joseph Rapp to the Historic Preservation
Commission for a 3-year term through July 1, 2012. Seconded by Braig. Motion carried 7-0.
Investment Oversight Advisory Commission: One 3-year term through July 1, 2014 (Expiring
term of Blocker). Applicant: Paul Lassance, 4846 Embassy Court. Motion by Braig to appoint
Paul Lassance to the Investment Oversight Advisory Commission for a 3-year term through
July 1, 2014. Seconded by Resnick. Motion carried 7-0.
Library Board of Trustees (Mayor Appointment): Four 4-year, re-staggered terms: two terms
through July 1, 2012 and two terms through July 1, 2015 (Expiring terms of Connors and
Hammer; and expiring/vacant terms of Leeper and Smith): Applicants: Paula Connors, 818 S.
Grandview Avenue; David Hammer, 720 Laurel Street; John Anderson-Bricker, 903 Merz
Street (Additional Applicant); David Cochran, 1200 Glen Oak Street (Additional Applicant);
Jenny Leigh Harris, 3560 Pennsylvania Avenue, #7 (Additional Applicant). Upon Council
concurrence, Mayor Buol appointed John Anderson-Bricker and Paula Connors to the Library
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Board of Trustees for 4-year terms through July 1, 2012; and David Hammer and Jenny Leigh
Harris to 4-year terms through July 1, 2015.
Long Range Planning Advisory Commission: Two 3-year terms through July 1, 2014
(Expiring terms of Van Iten and Vincent). Applicants: Richard Van Iten, 3273 Bittersweet Lane;
and Alan Vincent, 1010 Dunham Drive. Motion by Braig to appoint Richard Van Item and Alan
Vincent to the Long Range Planning Advisory Commission for 3-year terms through July 1,
2014. Seconded by Jones. Motion carried 7-0.
Park and Recreation Advisory Commission: Three 3-year terms through June 30, 2014
(Expiring term of Nadeau, vacant terms of Blocklinger and Noble). Applicants: Chuck Harris,
2473 Jackson Street; Kenneth Klinge, 2267 Carter Road; Evelyn Nadeau, 663 Fenelon Place.
Motion by Connors to appoint Chuck Harris, Kenneth Klinge, and Evelyn Nadeau to the Park
and Recreation Commission for 3-year terms through June 30, 2014. Seconded by Braig.
Motion carried 7-0.
TV Cable Regulatory Commission: Two 3-year term through June 30, 2014 (Expiring terms
of Tigges and Webster). Applicants: Ron Tigges, 4927 Wild Flower Drive (Additional
Applicant); and Walt Webster, 3509 Asbury Road. Motion by Lynch to appoint Ron Tigges and
Walt Webster to the TV Cable Regulatory Commission for 3-year terms through June 30,
2014. Seconded by Connors. Motion carried 7-0.
TV Cable Community Teleprogramming Commission: Three 3-year terms through June 30,
2014 (Expiring terms of Herrig, Hoverman, and Maloney). Applicants: George Herrig, 2395 W.
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32 Street; Sr. Carol Hoverman, 1555 White Street (Additional applicant); and Pauline
Maloney, 506 St. George Street. Motion by Jones to appoint George Herrig, Sr. Carol
Hoverman, and Pauline Maloney to the TV Cable Community Teleprogramming Commission
for 3-year terms through June 30, 2014. Seconded by Braig. Motion carried 7-0.
Zoning Advisory Commission: Three 3-year terms through July 1, 2014 (Expiring Terms of
Christ, Henschel and Smith)/ Applicants: Martha Christ, 88 Princeton Place; Eugene Bird, Jr.,
3357 Arrowwood Lane (Additional applicant); Thomas Henschel, 6630 Wellington Lane; and
Ron Smith, 1640 Justin Lane (Additional applicant). Upon roll call vote, Martha Christ, Thomas
Henschel, and Ron Smith were appointed to the Zoning Advisory Commission for 3-year terms
through July 1, 2014.
PUBLIC HEARINGS
Dubuque Industrial Center – Planned Unit Development District (Tabled on December 20,
2010): City Manager requesting that this item be tabled to July 3, 2012. Proof of publication on
notice of hearing to consider a request from the City of Dubuque/ Dubuque Initiatives to amend
the Planned Unit Development (PUD) for the Dubuque Industrial Center, located on
Chavenelle Road and the Northwest Arterial, to change the designation of property from open
space to commercial and Zoning Advisory Commission recommending approval, with
conditions. Motion by Connors to remove from the table. Seconded by Braig. Motion carried 7-
0.
(Resnick left the meeting at 7:01 p.m.)
Motion by Connors to receive and file the documents and table to July 3, 2012. Seconded
by Lynch. Motion carried 6-0.
Upon motion the rules were suspended, allowing anyone present to address the City
Council.
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Port of Dubuque Marina – Bid Package No 2 Amenities Building: Proof of publication on
notice of public hearing to consider the plans, specifications, form of contact and estimated
cost of $1,982,300 for the Port of Dubuque Marina Bid Package No. 2 – Amenities Building
and the City Manager recommending approval. Motion by Lynch to receive and file the
documents and adopt Resolution No. 213-11 Approval of plans, specifications, form of
contract, and estimated cost for the Port of Dubuque Marina Project, Bid Package No. 2 –
Amenities Building & Site Work. Seconded by Jones. Motion carried 6-0.
General Obligation Urban Renewal Bonds: Proof of publication on notice of public hearing
to consider the issuance of not to exceed $1,265,000 General Obligation Urban Renewal
Bonds for Dubuque Industrial Center West Improvements and Downtown Improvements and
the City Manager recommending approval. Motion by Connors to receive and file the
documents and adopt Resolution No. 214-11 Instituting proceedings to take additional action
for the issuance of not to exceed $1,265,000 General Obligation Bonds. Seconded by Jones.
Motion carried 6-0.
General Obligation Bonds – Essential Corporate Purposes: Proof of publication on notice of
public hearing to consider the issuance of not to exceed $7,035,000 General Obligation Bonds
for Essential Corporate Purposes and the City Manager recommending approval. Motion by
Lynch to receive and file the documents and adopt Resolution No. 215-11 Instituting
proceedings to take additional action for the issuance of not to exceed $7,035,000 General
Obligation Bonds. Seconded by Jones. Motion carried 6-0.
General Obligation Bonds – Nonessential Corporate Purposes: Proof of publication on
notice of public hearing to consider the issuance of not to exceed $700,000 General Obligation
Bonds for nonessential corporate purposes and the City Manager recommending approval.
Motion by Connors to receive and file the documents and adopt Resolution No. 216-11
Instituting proceedings to take additional action for the authorization and issuance of not to
exceed $700,000 General Obligation Bonds. Seconded by Braig. Motion carried 6-0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Request to Rezone – 3087 Central Avenue - Second Reading (First Reading on June 20,
2011): Consideration of a request from Jeff and Mindy Stiles to rezone property at 3087
Central Avenue from R-3 Moderate Density Multi-Family Residential District to R-4 Multi-
Family Residential District and the Zoning Advisory Commission. Motion by Jones to receive
and filed the documents and consider the second reading of a proposed ordinance amending
Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by
reclassifying hereinafter described property located at 3087 Central Avenue from R-3
Moderate Density Multi-Family Residential District to R-4 Multi-Family Residential District.
Seconded by Connors. Responding to questions from the City Council, Assistant Planner Kyle
Kritz stated that the recent need for housing has caused a slight increase in similar requests to
rezone to a higher density classification adding that denial would not change the current
number of units or zoning. Motion failed 4-2 with Braig and Buol voting nay. (Super majority
required due to the percentage of opposing adjacent property owners)
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Retail Plastic Bags: City Manager recommending a strategy to reduce the use of single-use
plastic checkout bags by 90 percent in Dubuque by July 1, 2017. Motion by Connors to receive
and file the documents and approve the recommendation. Seconded by Lynch. Responding to
questions from the City Council, Public Health Specialist Mary Rose Corrigan stated that there
is a concern with cross contamination with recycling bags and that vendors have a way of
compressing and weighing bags to obtain a measurable count of recycled bags. Jones
reiterated that this plan does not propose a ban on retail plastic bags. Motion carried 6-0.
Kaufmann Avenue Hot Mix Asphalt (HMA) Resurfacing Project: City Manager
recommending award of the Kaufmann Avenue HMA Resurfacing Project (John F. Kennedy
Road to Carter Road), to Top Grade Excavating, Inc., in the amount of $517,601.34, subject to
the Iowa Department of Transportation concurrence. Motion by Braig to receive and file the
documents and adopt Resolution No. 217-11 Awarding public improvement contract for the
Kaufmann Avenue HMA Resurfacing Project (John F. Kennedy Road to Carter Road), Iowa
DOT Project No. STP-U-2100 (662)--70-31. Seconded by Jones. Motion carried 6-0.
Fiscal Year 2012 Special Project Arts and Cultural Affairs Program: Arts and Cultural Affairs
Advisory Commission recommending approval of the Fiscal Year 2012 Arts and Cultural Grant
Program for Special Projects and authorization for the City Manager to sign the grant
agreements. Motion by Connors to receive and file the documents and approve the
recommendation. Seconded by Jones. Motion carried 6-0.
Federal Emergency Management Agency (FEMA): City Manager transmitting an update on
the adoption of the City’s new Digital Flood Insurance Rate Maps (DFIRM) as approved by the
Federal Emergency Management Agency (FEMA), which become effective October 18, 2011.
Motion by Lynch to receive and file the documents. Seconded by Connors. Motion carried 6-0.
Urban Forest Evaluation Study: City Manager recommending acceptance of the 2011 Urban
Forest Evaluation Study prepared by Confluence and directing staff to prepare a
comprehensive tree management plan and stand-alone tree policy. Motion by Jones to receive
and file the documents and approve the recommendation. Seconded by Braig. Motion carried
6-0.
Water and Resource Recovery Center: City Manager recommending approval to negotiate a
contract with Nutriject Systems, Inc., of Hudson, Iowa, for bio-solids management at the Water
and Resource Recovery Center. Motion by Connors to received and file the documents and
approve the recommendation. Seconded by Jones. Motion carried 6-0.
COUNCIL MEMBER REPORTS
Mayor Buol thanked everyone involved with the July 3 fireworks display and commended
the Dubuque Jaycees and Radio Dubuque or their work.
CLOSED SESSION
Motion by Jones to enter into closed session at 8:04 p.m. regarding pending litigation and
property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Lynch.
Motion carried 6-0.
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Upon motion the City Council reconvened in open session at 8:30 p.m. stating that staff had
been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:31 p.m.
/s/Kevin S. Firnstahl
Acting City Clerk
1t 7/13
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