Minutes_City Council Proceedings 4 2 12CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:30 p.m. on April 2, 2012 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick,
Sutton; City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on the 9th Street to 11th Street One -Way
to Two -Way Conversion.
WORK SESSION
9th Street to 11th Street One -Way to Two -Way Conversion
City of Dubuque Civil Engineer Jon Dienst, Julie Neeble of IIW Engineers &
Surveyors, and Mike Grunewald of Brown Traffic Control provided a slide presentation
on the proposed one -way to two -way conversion of 9th to 11th Streets. Mr. Dienst
provided project history and information on the traffic capacity and feasibility studies and
intermodal facility campus layout. Ms. Neeble presented an overview of the existing and
proposed Hwy 52 routing, geometric and traffic capacity considerations. Mr. Brunwald
provided information on the existing downtown traffic system, signal coordination for
proposed designs, and residential expectations.
City Council discussion included concerns about how the conversion might impact
truck parking and loading /unloading for residential and commercial properties within the
Historic Millwork District, communicating with the property owners in the HMD, utilizing
public input sessions, and avoiding "mixmaster" geometric configurations.
There being no further business, upon motion the City Council adjourned at 6:26 p.m.
1t 4/11
/s /Kevin S. Firnstahl
City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on April 2, 2012 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick,
Sutton; City Manager Van Milligen, City Attorney Lindahl
Mayor Buol read the call and stated this is a regular session of the City Council called
for the purpose of conducting such business that may properly come before the Council.
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
PROCLAMATION(S)
Kids to Parks Day - May 19, 2012 was accepted by Leisure Services Manager Marie
Ware; NCAA Division III Identity Initiative Week - April 9 -15, 2012, was accepted by Sue
Hafkemeyer, Director of Community Relations for Loras College, and Bob Quinn,
Director of Intercollegiate Athletics for Loras College.
PRESENTATION(S)
International Society of Arboriculture Award of Achievement: Leisure Services
Manager Marie Ware introduced John Harthorn, Award Committee Board Member for
the Midwest Chapter of the International Society of Arboriculture who presented City
Forester Steve Pregler with the ISA Award of Achievement
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Jones. Motion carried 7 -0.
Minutes and Reports Submitted: City Council Proceedings of 3/19, Civil Service
Commission of 2/15, Community Development Advisory Commission of 3/21, Historic
Preservation Commission of 3/15, Human Rights Commission of 1/9, Library Board of
Trustees of 2/23, Sister City Relationships Advisory Commission of 3/21, Library Board
of Trustees Updates from Meetings of 2/23 and 3/22. Proofs of Publication for City
Council Proceedings of 2/23, 3/5 and 3/7. Upon motion the documents were received
and filed.
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Notice of Claims and Suits: Linda Decker for property damage and Erich Vierkant for
property damage. Upon motion the documents were received, filed and referred to the
City Attorney.
Disposition of Claims: City Attorney advising that the following claims have been
referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities
Assurance Pool: Linda Decker for property damage, Erich Vierkant for property
damage. Upon motion the documents were received, filed and concurred.
Dubuque Water Sports Club Lease: City Manager recommending approval of the
annual lease with the Dubuque Water Sports Club (formerly Dubuque Water Ski Club).
Upon motion the documents were received, filed, and approved.
Hunter Equity, LLC - Assignment of Development Agreement: City Manager
recommending approval of the Assignment of the Development Agreement from Hunter
Equity, LLC to 2013 Dubuque,LLC (Ruedebusch Development & Construction, Inc.) for
the construction of an office /distribution facility for Fed -Ex in the Dubuque Industrial
Center North Second Addition. Upon motion the documents were received and filed and
Resolution No. 81A -12 Approving the Assignment of the Development Agreement
between the City of Dubuque, Iowa, and Hunter Equity, LLC to 2013 Dubuque, LLC,
was adopted.
Whitewater Creek Bridge Funding Request: Historic Preservation Commission
requesting approval to use $42,487 in Historic District Public Improvement Program
(HDPIP) funds for completion of the White Water Creek Bridge Project. Upon motion the
documents were received, filed, and approved.
Alcohol Compliance Hearing Continuance - Cookin' Something Up: City Manager
recommending approval of the request to remove the hearing for Cookin' Something Up
from the City Council Agenda on April 2, 2012, to be rescheduled at a later date,
pending witness and legal representation availability. Upon motion the documents were
received, filed, and approved.
Fire Station No. 5 Roof Replacement — Acceptance: City Manager is recommending
acceptance of the construction contract for the Fire Station No. 5 Roof Replacement
Project, as completed by Giese Roofing Company, in the final contract amount of
$27,072. Upon motion the documents were received and filed and Resolution No. 82 -12
Accepting the Fire Station No. 5 Roof Replacement Project and authorizing the payment
of the contract amount to the contractor was adopted.
Fire Department Headquarters Roof Replacement, 2011 — Acceptance: City Manager
recommending acceptance of the construction contract for the Fire Headquarters Roof
Replacement Project - 2011, as completed by Giese Roofing Company, in the final
contract amount of $53,390. Upon motion the documents were received and filed and
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Resolution No. 83 -12 Accepting the Fire Headquarters Roof Replacement Project -
2011 and authorizing the payment of the contract amount to the contractor was
adopted.
Safe Routes to School Program Project Agreement: City Manager recommending
approval of the Iowa Department of Transportation Agreement for a Safe Routes to
School Program Project between the Iowa Department of Transportation and the City of
Dubuque for funding of Dubuque school safety improvements. Upon motion the
documents were received and filed and Resolution No. 84 -12 Approving the Iowa
Department of Transportation (DOT) Agreement for Safe Routes to School Program
Project (Iowa DOT Agreement 10 -SRTS -011) for Dubuque school safety improvements
was adopted.
Mayor Buol Featured at the Eco- Engineering: Building Sustainable Cities Forum: City
Manager transmitting the Eco- Engineering: Building Sustainable Cities program from
the annual Hitachi /Brookings Institute forum held October 6, 2011, which features
Mayor Roy D. Buol. Upon motion the documents were received and filed.
Wireless Network License Agreement - Table Mound School Update: City Manager
approval of an Amended Wireless Network Equipment License Agreement with
Dubuque Community Schools to allow for a 900Mhz antennae and a network
connection to be co- located with the existing water meter wireless network equipment at
Table Mound School. Upon motion the documents were received, filed, and approved.
Wireless Network License Agreement - Wartburg Theological Seminary: City
Manager recommending approval of a Water Meter Wireless Network Equipment
License Agreement between the City of Dubuque and Wartburg Theological Seminary
for placement of an R450 Collector, antennae and telecommunications equipment on a
building at Wartburg Theological Seminary. Upon motion the documents were received,
filed, and approved.
Water Meter Wireless Network Equipment Lease Agreement- DMASWA and Radio
Dubuque: City Manager recommending approval of a Water Meter Wireless Network
Equipment Lease Agreement in partnership with the Dubuque Metropolitan Area Solid
Waste Agency (DMASWA) and Radio Dubuque. Upon motion the documents were
received, filed, and approved.
Sustainable Dubuque Project Status Update: City Manager transmitting the monthly
Sustainable Dubuque Project Status Update for March 2012. Upon motion the
documents were received and filed.
2012 Art on the River Exhibition Selection: Arts and Cultural Affairs Advisory
Commission requesting concurrence with the selection of artwork for the 2012 Art on
the River Competition. Upon motion the documents were received, filed, and approved.
Iowa Department of Inspections and Appeals New Inter - Agency Agreement: City
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Manager recommending approval of an inter - agency agreement with the Iowa
Department of Inspections and Appeals for performance of food and hotel licensing,
inspections and enforcement with respect to retail food establishments. Upon motion
the documents were received, filed, and approved.
Improvement Contracts / Performance, Payment and Maintenance Bonds: Madison
Street Retaining Wall Emergency Repair Project - McAuliffe Excavating, Inc. Upon
motion the documents were received and filed.
Signed Contracts: A) Contract with Fraser Design for services related to the White
Water Creek Bridge nomination to the National Register of Historic Places; B) Short
Form Public Improvement Contract with Great Plains Landscaping for replacement of
the retaining wall at 1561 Parkway; C) Contract with IIW, P.C. for the Northend Trail
Lighting Project; D) Contract with Presentations for the interpretive signs for the
Dubuque Water Trail Project; E) Contract with Terracon Consultants, Inc., for
environmental response action services related to the former maintenance garage site
at 925 Kerper Blvd.; F) Miron Construction Co., Change Order No. 14 for the Water
Pollution Control Plant Modifications Project. Upon motion the documents were received
and filed.
Alcohol Compliance Civil Penalty for Alcohol License Holders- El Paisano Grocery:
City Manager recommending approval of the Acknowledgment /Settlement Agreement
for an alcohol compliance violation for El Paisano Grocery, 1543 Central Avenue. Upon
motion the documents were received, filed, and approved.
Alcohol License Renewals and Applications: City Manager recommending approval
of annual liquor, beer and wine licenses as submitted. Upon motion the documents
were received and filed and Resolution No. 85 -12 Applications for beer, liquor, and /or
wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and
License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine
Licenses and Permits was adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch to receive and file the documents, adopt the resolutions, set the
public hearings as indicated, and direct the City Clerk to publish notice as prescribed by
law. Seconded by Resnick. Motion carried 7 -0
Second Annexation Request - 10924 Key West Drive: City Manager recommending
that a public hearing be set for April 16, 2012 on the second annexation request of
Catherine C. Christopherson for an additional parcel at 10924 Key West Drive. Upon
motion the documents were received and filed and a public hearing was set for a
meeting to commence at 6:30 p.m. on April 16, 2012 in the Historic Federal Building.
Fiscal Year 2012 Second Budget Amendment: City Manager recommending a public
hearing be set for April 16, 2012 to consider Amendment No. 2 to the Fiscal Year 2012
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Budget. Upon motion the documents were received and filed and Resolution No. 86 -12
Setting the date for the public hearing on Amendment No. 2 to the Fiscal Year 2012
Budget for the City of Dubuque setting a public hearing for a meeting to commence at
6:30 p.m. on April 16, 2012 in the Historic Federal Building.
BOARDS /COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards /Commissions; applicant appointments will be made at the next City
Council meeting.
Environmental Stewardship Advisory Commission: One three -year term through
October 1, 2014 (Vacant term of Klostermann). Applicants: Julie Beck, 1390 Glen Oak
Street; Andrea Helgager, 40 Main Street, #300. Ms. Beck and Ms. Helgager spoke in
support of their respective appointments.
Appointments to be made at this meeting:
Cable TV Commission: One three -year term through July 1, 2014 (last of 7 newly
created positions) Applicant: Ronald Tigges, 4927 Wildflower Drive. Motion by Connors
to appoint Ronald Tigges to the Cable TV Commission for a three -year term through
July 1, 2014. Seconded by Braig. Motion carried 7 -0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Dubuque Industrial Center South - Grading & Utilities 2012 Project Phase I: Proof of
publication on notice of public hearing to consider approval of the plans, specifications,
form of contract and the estimated cost for the Dubuque Industrial Center South
Grading and Utilities 2012 Project, Phase I and the City Manager recommending
approval. Motion by Braig to receive and file the documents and adopt Resolution No.
87 -12 Approval of plans, specifications, form of contract, and estimated cost for the
Dubuque Industrial Center South Grading & Utilities 2012 Project, Phase I. Seconded
by Connors. Motion carried 7 -0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Retail Single -Use Plastic Bag Reporting Ordinance (Second Reading): City Manager
requesting approval of an Ordinance that will require retailers, based on size, to report
their purchase and distribution of plastic bags in order to measure community -wide
progress towards the adopted goal of reducing single -use plastic bag use 90% by 2017
in Dubuque. Motion by Connors to consider the second reading of a proposed
ordinance amending City of Dubuque Code of Ordinances Title 6 Health, Housing,
Sanitation and Environment, Chapter 2 Establishments and Hotel Sanitation, by
Adopting a New Section 6 -2 -2 Single -Use Plastic Bag Reduction. Seconded by Jones.
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Responding to questions from City Council, Sustainability Coordinator Cori Burbach
stated that since the March 19 Council meeting, she and Resource Management
Coordinator Paul Schultz had either meet or talked with additional grocers and retailers
and found there was general support for the reporting; and that smaller, local
businesses were more likely to report their information. City Council discussed the need
for establishing a base line and offering a voluntary reporting approach first before
resorting to one that is ordinance based as well as concerns over attaining the 90
percent goal. City Attorney Lindahl confirmed that information received as part of the
reporting process and shared with city staff would be considered public information.
Motion carried 4 -3 with Lynch, Resnick, and Braig voting nay.
Carnegie -Stout Public Library Signs: The Carnegie -Stout Public Library and Historic
Preservation Commission submitting recommendations regarding the Library's exterior
signage at the request of the City Council from the December 20, 2011 meeting.
Restated motion by Connors to receive and file the documents and recommend that the
existing sign remain and be painted to blend with the Library building. Seconded by
Braig. Library Board Vice President Mike Willis and Historic Preservation Commission
Chairperson Dave Klavitter read respective correspondence for the record with
corresponding recommendations. Responding to questions from the City Council
Planning Services Manager Laura Carstens provided background information on the
permit process and explained that the Historic Preservation Commission, by ordinance,
serves as an advisory design review body to the City Council regarding historic
preservation issues. Carstens also stated that City is exempt from its own regulations.
Mayor Buol expressed his concern about setting a precedent. Motion failed 3 -4 with
Lynch, Resnick, Sutton, and Buol voting nay.
Motion by Resnick to require either the Library's Option #4 (pillars replaced with a
solid, limestone -faced base) or the alternative presented by the Historic Preservation
Commission and referred to as Option #5 (replace pillars with colored concrete base no
more than 12 inches above the ground) and allowing the Library Board of Trustees to
choose. Seconded by Sutton. Motion carried 6 -1 with Braig voting nay.
A.Y. McDonald Contract with Iowa Economic Development Authority: City Manager
recommending Council approval of a Financial Assistance Contract with the Iowa
Economic Development Authority for Iowa Values Funds and High Quality Jobs
Program Financial Assistance benefits on behalf of A.Y. McDonald. Motion by Lynch to
receive and file the documents and approve Resolution No. 88 -12 Approving an Iowa
Values Fund Financial Assistance Contract by and among the Iowa Economic
Development Authority, the City of Dubuque and A.Y. McDonald Mfg. Co. Seconded by
Resnick. Motion carried 7 -0.
Environmental Protection Agency (EPA) Green Infrastructure Program - Letter of
Interest: City Manager recommending approval for the Mayor to execute a letter for the
Environmental Protection Agency (EPA) Green Infrastructure Program, which requests
that the City of Dubuque be included in the EPA Green Infrastructure Program. Motion
by Braig to receive and file the documents and approve the recommendation. Seconded
by Connors. Motion carried 7 -0.
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COUNCIL MEMBER REPORTS
Resnick reported on his attendance at the Taste of the World event held March 31 at
Five Flags adding that it was a wonderful event that embraces cultural differences.
Lynch reported on the success of the Dubuque Area Chamber of Commerce's
Dancing with the Stars — Dubuque Style and acknowledged the Judges' Choice Award
received by Assistant City Manager Cindy Steinhauser.
There being no further business, upon motion the City Council adjourned at 7:49 p.m.
1t 4/11
/s /Kevin S. Firnstahl
City Clerk
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