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8 20 12 Clerk's Skeleton Notes and Meeting CallTO: KEVIN S. FIRNSTAHL, CITY CLERK YOU ARE HEREBY DIRECTED TO CALL A SPECIAL SESSION OF THE CITY COUNCIL TO BE HELD ON MONDAY, AUGUST 20, 2012, AT 4:30 PM, AT THE WATER & RESOURCE RECOVERY CENTER FOR THE PURPOSE OF CONDUCTING A TOUR OF THE WATER & RESOURCE RECOVERY CENTER RENOVATION PROJECT. OY D. BUOL, MAYOR CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 4:30 p.m. on August 20, 2012 at the Water & Resource Recovery Center, 795 J,uli�en, Dubuque Drive. Present: Mayor BLk Council Members B L ifi'ch Re��''� S tiff on; Ci Manager Van Milligen,- Gity -A hI , J, ik„� Absent: Connors) / 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 tour of the Water & Resource Recovery Center Renovation Project. Motion to adjourn at WORK SESSION Yays Nays Buol 1/7 Connors Jones Lynch Resnick Sutton Braig TO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, August 20, 2012, at 6:30 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the Council. 9 Roy D. Buol, Mayor Consent Items: Pages 2 -5 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on August 20, 2012 in the Historic Federal Buildi g, 350 W. 6th Street. Present: Mayor Bu ✓o I, Council Members - - • Connors, JofSes, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Absent: 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) Irish Hooley Day (August 25, 2012) /2/4/ / Civic Awareness Month (September 2012) g",- Life Insurance Awareness Month (September 2012) 0 PIP United Way Campaign (September 2012) X.7 PRESENTATION(S) Introduction of Alvin Nash, Housing and Community Development Department Director l7�ijjglvh Yays Nays Buol V Connors I/ Jones Lynch ?� i Resnick Sutton V/ Braig CONSENT ITEMS 1. Minutes and Reports Submitted Arts and Cultural Affairs Advisory Commission of 6/26, City Council proceedings of 8/6, Investment Oversight Advisory Commission of 7/25, Library Board of Trustees of 6/8, Park and Recreation Advisory Commission of 12/13/11 through 7/10/12 and Work Session of 7/24, Zoning Advisory Commission of 8/1, Zoning Board of Adjustment of 7/26, Proof of publication for City Council proceedings of 7/16 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Melissa and Chad Driscoll for property damage at 1897 Chaney Rd., and Spahn & Rose Lumber, Co. vs. City of Dubuque for property damage at 925 Kerper Blvd. Suggested Disposition: Receive and File; Refer to City Attorney 3. 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: Melissa Driscoll for property damage. Suggested Disposition: Receive and File; Concur 4. U.S. Department of Housing and Urban Development (HUD) Correspondence from Yolanda Chaves, Deputy Assistant Secretary for Grant Programs with HUD, requesting that the City resolve all open Community Development Block Grant (CDBG) activities as identified in the Inspector General's 2011 audit of the CDBG program. Suggested Disposition: Receive and File; Refer to City Manager 5. Dubuque Arboretum and Botanical Gardens Correspondence from Jack Frick, Board President of the Dubuque Arboretum and Botanical Gardens thanking the City for the grant that was received through the Dubuque Metropolitan Area Solid Waste Agency (DMASWA) applied toward materials and labor of six recycling bins. Suggested Disposition: Receive and File 6. Sustainable Dubuque Project Status Update City Manager submitting the Sustainable Dubuque Project Status Update for July 2012. Suggested Disposition: Receive and File 7. 5 Points Traffic Signal Reconstruction Project Rebid Award City Manager recommending bid award of the 5 Points Traffic Signal Reconstruction Project to the low bidder, Portzen Construction. RESOLUTIONv/ "Awarding construction contract for 5 Points Traffic Signal Reconstruction Re id Project Suggested Disposition: Receive and File; Adopt Resolution(s) 8. Citizen Correspondence - That's My Dog Correspondence from Robin MacFarlane, President of That's My Dog in favor of repealing the ban on dogs in City parks. Suggested Disposition: Receive and File 9. Phase VI Historical /Architectural Survey and Evaluation Grant Application City Manager recommending approval of a State Historic Preservation Office for Historic Resource Development Program grant funds application for the Phase VI Historic /Architectural Survey and Evaluation. RESOLUTION Authorizing HRDP Grant Application to the State Historical Society of Iowa for Phase VI Historic /Architectural Survey and Evaluation Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig l 10. Dubuque County Multi- Jurisdictional Hazard Mitigation Plan City Manager recommending adoption of the Dubuque County -wide Multi- Jurisdictional Hazard Mitigation Plan, as completed by the East Central Intergovernmental Association. RESOLUTION _ Approving the adopting of the Dubuque County Multi - Jurisdictional Hazard Mitigation Plan, and request approval of Plan at the federal level Suggested Disposition: Receive and File; Adopt Resolution(s) 11. Explosives Detection K9 Acquisition City Manager recommending acquisition of an explosives detection K9. Suggested Disposition: Receive and File; Approve 12. Human Rights Commission Commissioner Kurt Hansen submitting his resignation from the Human Rights Commission. Suggested Disposition: Receive and File; Accept Resignation 13. Final Plat - Patricia Ann Acres Subdivision No. 3 Zoning Advisory Commission recommending approval of the Final Plat of Patricia Ann Acres Subdivision No. 3 subject to waiving lot frontage for Lot 6. RESOLUTION -09/f Approving the Final Plat of Patricia Ann Acres Subdivision No. 3 in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 14. Smart Growth Development Funding City Manager recommending that the City contribute $2,000 from the Economic Development Department Federal Initiatives budget to statewide Smart Growth Development as they try to improve the funding levels for historic rehabilitation projects. Suggested Disposition: Receive and File; Approve 15. AmeriCorps Partners in Learning Grant Award 12 -13 (Grant 12- AC -13) City Manager recommending approval of the grant agreement with the Iowa Commission on Volunteer Service for the City of Dubuque AmeriCorps Program Suggested Disposition: Receive and File; Approve 16. 2013 -2015 Towing Contract - Recommendation City Manager recommending the award of the City of Dubuque 2013- 2015 Towing Contract to Burt Steve and Son Garage, Inc. Suggested Disposition: Receive and File; Approve 17. Ramona Street - Project Acceptance City Manager recommending acceptance of the public improvement and authorization of the final payment for the Ramona Street and Pamela Court Panel Replacement Project. RESOLUTION 7'C" Accepting the Romana Street Panel Replacement, from Mt. Loretta to Adeline Street Project, and authorizing the payment of the contract amount to the contractor Suggested , Disposition: Receive and File; ile; Adopt R esol ution(s) Ac/4 °47/) 6,/j/ Nays Buol Connors Jones Lynch Resnick Sutton Braig 9,e# 4,red )6 /940a, ✓�'r,�/� � � e)r�,o �� /rte .0/6/dAid-141Xi-i? 100e-c- '(ii.te it) - V/a4 /(9 / kte,9*, 40-5?-e- AMA> tzd AvOc 6/-&, 47) *a 4°X/119. N54/4118Y poile a(444 V(4 d/Z/#n fil iiiriZawoe *tail #1/1/A, iP/111/ff M kd ffl .9° /if ,,,f,44 a/ /00 /(7 /ee'e- 2i/(01 "'A 0/0;01,6) 41/4 pr,;6 ia5d 18. Improvement Contracts / Performance, Payment and Maintenance Bonds Tom Kueter Construction, Co., Inc. for Dubuque Industrial Center South Grading and Utilities 2012 Phase I Rebid Suggested Disposition: Receive and File 19. University of Dubuque "Light Up Chalmers" - 2012 Fireworks Request Correspondence from Ross Salwolke, Security Officer for The University of Dubuque, requesting permission to conduct a fireworks display on September 1, 2012 starting approximately 9:25 p.m. on the baseball field at the south point of the left field line. Suggested Disposition: Receive and File; Approve 20. Business License Refund Request of Michael Schmidt for a refund of the liquor license for Bowling & Beyond in the amount of $422.50 Suggested Disposition: Receive and File; Approve 21. Alcohol License Renewals City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. RESOLUTION / 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 Liquor, Beer and Wine Licenses and Permits Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig ITEMS TO BE SET FOR PUBLIC HEARING Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 1. SEP Green Alley Project City Manager recommending that public hearing be set for September 4, 2012 to consider the preliminary approval of plans and specifications for the SEP Green Alley Project (between Jackson and Washington Streets from 16th to 17th and between Jackson and White Streets from 17th to 18th). RESOLUTION 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 SEP Green Alley Project (between Jackson and Washington Streets from 16th to 17th and between Jackson and White Streets from 17th to 18th) Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 9/4/12 2. FedEx - Vacate of Storm Sewer City Manager recommending that a public hearing be set for September 4, 2012 to consider vacating a Storm Sewer Easement and Blanket Access Easement - Lot 1 Dubuque Industrial Center North Second Addition. RESOLUTION Resolution of Intent to vacate and dispose of City interest in storm sewer and access easements over and across a part of Lot 1 of Dubuque Industrial Center North Second Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 9/4/12 BOARDS /COMMISSIONS Appointments to be made at this meeting: 1. Airport Commission One 4 -year term through September 14, 2016 (Expiring term of Wagner) Applicants: Amy Wagner, 4555 Camelot Dr. Robert J. Blocker, 880 Kane St., This commission is subject to the State of Iowa Gender Balance Law. Wagner Blocker Buol ✓j Connors V Jones V Lynch Resnick Y Sutton V Braig 2. Historic Preservation Commission Three 3 -year terms: One Architect At -Large term (vacant term of Wand affective September 1, 2012) through July 1, 2014 One At -Large term (expired term of Krueger) through July 1, 2015 One Cathedral District term (vacant interim term of Krey) through July 1, 2014 Applicants: 17-Otto Krueger, 2521 Wheatland Drive (qualifies for At -Large or Interim Cathedral District) /Julie Schlarman, 1599 Bluff St. (qualifies for At -Large or Interim Cathedral District) Benjamin Beard, 1854 Churchill St. (qualifies for all three positions) /Christina Monk, 2005 North Main St. (qualifies for all three positions) This commission is subject to the State of Iowa Gender Balance Law. Gender balance is contingent upon the gender selected for the Architect At -Large position. 01,4 Krueger Schlarman Beard Monk Buol Connors Jones ■�tt,'�''v -� �SA e 4I%�r%y 0 zA :A Connors Lynch Resnick V41�IMIM 1 Ed∎ Jones Sutton Braig D �.S ' �� U� Lynch Resnick Sutton Braig 01,4 Cathedral At -L- r• a Frt"'j iIA Architect a /ii_ Buol F Izaw11 Connors Jones ■�tt,'�''v -� �SA e 4I%�r%y 0 zA :A � !/`�.r Lynch Resnick V41�IMIM 1 Ed∎ l'7�M r ,,����/ %� Sutton Braig D �.S ' �� U� 01,4 3. Housing Commission Three 3 -year terms through August 17, 2015 (Expiring terms of Culbertson and Holz and Vacant term of Ronek) Applicants: Dorothy Culbertson, 2095 University Ave. Anna S. Fernandes, 2191 Broadlawn Rd. Jim Holz, 3010 Indiana Court Yays Nays I/ Buol V / Connors rJones V Lynch Resnick Sutton �� Braig PUBLIC HEARINGS SUSPEND THE RULES Yar, Nays Buol 1/ Connors 1/ Jones 1% Lynch Zj Resnick Sutton 1 Braig 1. Sale of Property - 1777 Washington Street Proof of publication on notice of public hearing to consider the sale of property located at 1777 Washington Street to Alberto Luna and the City Manager recommending approval. RESOLUTION ` " Approving the sale of real estate located at 1777 Washington Street, in t e City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s). Yays Nays Buol 'U Connors Jones Lynch V Resnick Sutton v Braig „091 2. Sale of Property - 2312 Washington Street Proof of publication on notice of public hearing to consider the sale of property located at 2312 Washington Street to Jude E. Root and the City Manager recommending approval. RESOLUTION p:2005 Approving the sale of real estate located at 2312 Washington Street, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays ✓ Buol V / Connors 1/O2 Jones �✓ Lynch 1/ Resnick ]✓ Sutton 1/2 Braig REINSTATE THE RULES Yays Nays 1� Buol 1/ Connors 1/O2 Jones ✓ Lynch V Resnick , Sutton / Braig ACTION ITEMS Project HOPE U vP Eric Dregne, of Programs for the Community Foundation of Greater Dubuque to provide an update and presentation on the activities of Project HOPE. Suggested Disposition: Receive and File Yays Nays ✓ Buol 1/ Connors Jones 1/ Lynch VResnick V Sutton L j Braig Adeud- *7? f&R #14-onr goazy;ii isc d4003 *Mdliatfid 4S//1 f72 vrni 41e$' )6,*4,04w/,01 /4‘7/- L 2. Meter District Amendment - Historic Millwork District (Second Reading) City Manager recommending approval of an Ordinance expanding the Downtown Meter District to include 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. ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles a Traffic, Chapter 14 Parking, Section 9 -14- 321.666 Municipal Parking Meter District Established by Expanding the Downtown Meter District Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nals Nays Buol Buol i/ Connors Connors V/ Jones Jones Lynch Lynch I/ Resnick Resnick Sutton Sutton 4- Braig Braig Yays Yays Nals K Buol Buol i/ Connors Connors V/ Jones Jones Lynch Lynch I/ Resnick j Sutton 1/ 4- Braig Braig Final Reading and Adopt Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig 41/6. 0/e '10027 --,/mhzdAz wia 739- 3. Dubuque Peace and Justice Correspondence from Richard Fischer of Dubuque Peace and Justice requesting the City of Dubuque apply for membership in Mayors for Peace, which supports the abolition of nuclear weapons by August 6, 2020. Suggested Disposition: Receive and File; Cettnctl Yays Nays Buol Connors IVy Jones Lynch �/ Resnick Sutton Braig )ovik ?e/zfrd,gyJw DPJ - *4 - 7z0, itzy, *-6>e, "wel ,osr /1/;w a/i7 Reaz7--. S-/M,fx ) - /1/i 6,11 a(r .Aezir-9 /2/~e 111 PlY/2-1 4. Social Host Ordinance Amendment City Manager recommending the addition of a reference to City Code Section 1 -4 -1 to the ordinance allowing for a criminal penalty for violations of the ordinance. ORDINANCE Amending Ordinance 45 -12 which amended City of Dubuque Code of Ordinances Title 7 Police, Fire and Public Safety, Chapter 5 Offenses by adding a new Article E, Social Host Responsibility, clarifying the definition of Social Host as defined in Section 7 -5E -2 and establishing that a violation of Section 7 -5E -4 is a Municipal Infraction or Misdemeanor Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays V Buol _ Connors 1/ Jones V Lynch tj Resnick V l/ Sutton L— Braig Final Reading and Adopt Yays Nays V Buol 1/ / Connors 1/ Jones Lynch tj Resnick V Sutton Braig 5. Control of Vehicle Ordinance Amendment City Manager recommending City Code Section 9 -7- 321.288 Control of Vehicle be amended so that the word "bridge" will be deleted from Section B3 and the designation "road work zone," will replace descriptive terminology in Section B6 making the ordinance consistent with State Code. ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles an Traffic, Chapter 7 Operation, Section 9 -7- 321.288 Control of Vehicle to mirror the Iowa Code revision which removes bridge from B(3) and modifies the provision on construction to use road work zone for consistency as a term defined by the Iowa Code Suggested Disposition: Receive and File; Motion B; Motion A Suspend the Readings Yays Nays V Buol v Connors V. Jones v Lynch LV Resnick V Sutton Y Braig Final Reading and Adopt Yays Nays v Buol V/ Connors Jones V Lynch 1/ Resnick Sutton Braig V �1 6. Dubuque Metropolitan Area Solid Waste Agency Landfill Cell #9 Project. City Manager recommending City Council approve scheduling a work session for September 17, 2012, at 4:30 p.m. to tour the Dubuque Metropolitan Area Solid Waste Agency Landfill Cell #9 Project. Suggested Disposition: Receive and File; Approve 5r6474 I/ -2 J. COUNCIL MEMBER REPORTS mA._,?a2),zif K. PUBLIC INPUT 4// CLOSED SESSION Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) Code of Iowa Yays Nays tr Buol V Connors Vf Jones Lynch 1V Resnick Sutton Braig MOTION TO RECONVENE IN OPEN SESSION Yays Nays Buol Connors Jones Lynch Resnick Sutton Braig M. ADJOURNMENT 7'� Yays Nays V Buol Connors ✓/ Jones Lynch Resnick Sutton lX-,2 Braig