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
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Yays
Nays
Buol
V
Connors
I/
Jones
Lynch
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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)
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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
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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.
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Schlarman
Beard
Monk
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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
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V
Lynch
Resnick
Sutton
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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
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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
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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
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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
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Braig
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Yays
Yays
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Buol
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Connors
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Jones
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Lynch
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Final Reading and Adopt
Yays
Nays
Buol
Connors
Jones
Lynch
Resnick
Sutton
Braig
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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
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Jones
Lynch
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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
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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
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K. PUBLIC INPUT
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CLOSED SESSION
Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) Code of Iowa
Yays
Nays
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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
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Yays
Nays
V
Buol
Connors
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Jones
Lynch
Resnick
Sutton
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Braig