Minutes_City Council Proceedings 8 20 12CITY 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 Julien Dubuque Drive.
Present: Mayor Buol; Council Members Braig, Lynch, Sutton; City Manager Van
Milligen. Council Members Jones and Resnick, and City Attorney Lindahl joined at 4:40
p.m.
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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.
WORK SESSION
Tour - Water & Resource Recovery Center
Water & Resource Recovery Center Manager Jonathon Brown and Adam Klass of
Unison Solutions provided a tour of portions of the interior and exterior areas of the
W &RRC and provided an overview of the functions of each area. Highlights included the
laboratory, recovered waste water used for the heating /cooling system and the
anaerobic digester and methane gas processing systems.
There being no further business, upon motion the City Council adjourned at 5:15 p.m.
Kevin S. Firnstahl, CMC
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 August 20, 2012 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig (joined at 6:36 p.m.), 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
PROCLAMATIONS
Irish Hooley Day (August 25, 2012) was accepted by Mayor Buol; Civic Awareness
Month (September 2012) was accepted by Mayor Buol; Life Insurance Awareness
Month (September 2012) was accepted by Ron McDonald of Bradley Beck & McDonald
and the Dubuque Association of Insurance and Financial Advisors; and Rod Bremer of
Northwestern Mutual Life Insurance Company; United Way Campaign Time (September
2012) was accepted by Campaign Co -Chair Judy Wolf, 215 W. 6'h' Street.
PRESENTATION
City Manager Van Milligen introduced Alvin Nash, the newly appointed Housing and
Community Development Department Director. Mr. Nash spoke regarding his
background and qualifications.
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Motion by Lynch to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Resnick. Scott Kunde of Wenzel Towing, 3195
Hughes Court requested ( #16) 2013 -2015 Towing Contract Recommendation be held
for separate discussion. Motion carried 7 -0.
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. Upon motion the documents were received and filed.
Notice of Claims and Suits: Melissa and Chad Driscoll for property damage and
Spahn & Rose Lumber, Co. vs. City of Dubuque for property damage at 925 Kerper
Blvd. 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: Melissa Driscoll for property damage. Upon motion the documents
were received, filed and concurred.
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. Upon motion the
documents were received, filed and referred to the City Manager.
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. Upon motion the
document was received and filed.
Sustainable Dubuque Project Status Update: City Manager submitting the
Sustainable Dubuque Project Status Update for July 2012. Upon motion the documents
were received and filed.
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. Upon motion the documents were received and filed and
Resolution No. 216 -12 Awarding construction contract for 5 Points Traffic Signal
Reconstruction Rebid Project was adopted.
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. Upon
motion the documents were received and filed.
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. Upon motion the documents were
received and filed and Resolution No. 217 -12 Authorizing HRDP Grant Application to
the State Historical Society of Iowa for Phase VI Historic /Architectural Survey and
Evaluation was adopted.
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. Upon
motion the documents were received and filed and Resolution No. 218 -12 Approving
the adopting of the Dubuque County Multi- Jurisdictional Hazard Mitigation Plan, and
requesting approval of Plan at the federal level was adopted.
Explosives Detection K9 Acquisition: City Manager recommending acquisition of an
explosives detection K9. Upon motion the documents were received, filed, and
approved.
Human Rights Commission: Commissioner Kurt Hansen submitting his resignation
from the Human Rights Commission. Upon motion the document was received, filed
and the resignation accepted.
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. Upon motion the documents were received and
filed and Resolution No. 219 -12 Approving the Final Plat of Patricia Ann Acres
Subdivision No. 3 in the City of Dubuque, Iowa, was adopted.
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. Upon motion the documents were received,
filed, and approved.
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. Upon motion the documents
were received, filed, and approved.
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. Restated motion by Connors to receive and file the documents and
approve the recommendation. Seconded by Lynch. Scott Kunde of Wenzel Towing,
3195 Hughes Court, cited several concerns he had with the evaluation process and why
he believed the selected vendor did not meet the required bid criteria. Assistant Police
Chief Terry Tobin responded to questions from City Council and explained the selection
committee's evaluation process and reasoning. Motion carried 7 -0.
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. Upon motion the documents were received
and filed and Resolution No. 220 -12 Accepting the Ramona Street Panel Replacement,
from Mt. Loretta to Adeline Street Project, and authorizing the payment of the contract
amount to the contractor was adopted.
Improvement Contracts / Performance, Payment and Maintenance Bonds: Tom
Kueter Construction, Co., Inc. for Dubuque Industrial Center South Grading and Utilities
2012 Phase I Rebid. Upon motion the documents were received and filed.
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 at starting
approximately 9:25 p.m. on the baseball field at the south point of the left field line.
Upon motion the document was received, filed, and approved.
Business License Refund: Request of Michael Schmidt for a refund of the liquor
license for Bowling & Beyond in the amount of $422.50. Upon motion the documents
were received, filed, and approved.
Alcohol License Renewals: City Manager recommending approval of annual liquor,
beer, and wine licenses as submitted. Upon motion the documents were received and
filed and Resolution No. 221 -12 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 was adopted.
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Motion by Connors 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 7 -0.
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). Upon motion the
documents were received and filed and Resolution No. 222 -12 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 Streets and between Jackson and White Streets from 17th to
18th Streets) was adopted setting a public hearing for a meeting to commence at 6:30
p.m. on September 4, 2012 in the Historic Federal Building.
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.
Upon motion the documents were received and filed and Resolution No. 223 -12
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, was adopted setting a public hearing for a
meeting to commence at 6:30 p.m. on September 4, 2012 in the Historic Federal
Building.
BOARDS /COMMISSIONS
Appointments made at this meeting:
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.
Upon unanimous roll call vote, Amy Wagner was appointed to the Airport Commission
for a 4 -year term through September 14, 2016.
Historic Preservation Commission: Three 3 -year terms: One Architect term (vacant
term of Wand effective 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: Otto Krueger, 2521 Wheatland
Drive; Julie Schlarman, 1599 Bluff St.; Benjamin Beard, 1854 Churchill St.; Christina
Monk, 2005 North Main St.. Upon roll call vote Julie Schlarman (Buol, Connors,
Resnick, Braig) was appointed to the Interim Cathedral Historic District position, Otto
Krueger (Buol, Jones, Lynch, Sutton) was appointed to the At -Large Position, and
Christina Monk (Buol, Connors, Jones, Lynch, Resnick, Braig) was appointed to the
Architect position.
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.; and Jim Holz, 3010
Indiana Court. Motion by Connors to appoint Dorothy Culbertson, Anna Fernandes, and
Jim Holz to the Housing Commission for 3 -year terms through August, 17, 2015.
Seconded by Braig. Motion carried 7 -0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
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. Motion by Braig to receive and file
the documents and adopt Resolution No. 224 -12 Approving the sale of real estate
located at 1777 Washington Street, in the City of Dubuque, Iowa. Seconded by Jones.
Motion carried 7 -0.
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. Motion by Connors to receive and
file the documents and adopt Resolution No. 225 -12 Approving the sale of real estate
located at 2312 Washington Street, in the City of Dubuque, Iowa. Seconded by Braig.
Motion carried 7 -0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Project HOPE Update: Eric Dregne, Vice President of Programs for the Community
Foundation of Greater Dubuque, provided a slide presentation on the activities of
Project HOPE. Motion by Connors to receive and file the information. Seconded by
Braig. Motion carried 7 -0.
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 11 th Street, and
Washington Street both sides from 8th Street to 11th Street. Motion by Jones to
consider the second reading of a proposed ordinance amending City of Dubuque Code
of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Section 9 -14-
321.666 Municipal Parking Meter District Established by Expanding the Downtown
Meter District. Seconded by Braig. Resnick stated that he believes the City will be
reasonable with the service and install meters only as development dictates. Motion
carried 5 -2 with Lynch and Sutton voting nay.
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. Motion by
Connors to receive and file the documents and accept the invitation to apply for
membership. Seconded by Braig. Richard Fischer of Dubuque Peace and Justice, 656
Molony Road, Bernard, spoke regarding the mission of the Mayor for Peace. Motion
carried 7 -0.
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. 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 Resnick. Motion carried 7 -0.
Motion by Connors for final consideration and passage of Ordinance No. 46 -12
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. Seconded by Resnick. Motion carried 7 -0.
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. 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 Jones. Motion carried
7 -0.
Motion by Connors for final consideration and passage of Ordinance No. 47 -12
Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and 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. Seconded by
Braig. Motion carried 7 -0.
Dubuque Metropolitan Area Solid Waste Agency Landfill Cell #9 Project: City
Manager recommending scheduling a City Council work session for September 17,
2012, at 4:30 p.m. to tour the Dubuque Metropolitan Area Solid Waste Agency Landfill
Cell #9 Project. Motion by Braig to receive and file the documents and set the the work
session as recommended. Seconded by Jones. Motion carried 7 -0.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:47 p.m. regarding pending
litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa.
Seconded by Braig. Motion carried 7 -0.
Upon motion, the City Council reconvened in open session at 7:55 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 7:56 p.m.
Kevin S. Firnstahl, CMC
City Clerk
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