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9 4 12 Clerk's Skeleton Notes and Meeting CallCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION The Dubuque City Council met in special session at 5:30 p.m. on September 4, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor BCiol; Council Members Etraig, Conr n; City Manager V - Milligen, Aidafiil Absent: f 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 Sustainable Dubuque Project Update. WORK SESSION Zt/Z€ hP� br �i , 1,00' 5) 9270211i &)zexx. /ai GySC ,Oe'm 6)/7 Motion to adjourn at Yays Nays Connors Jones Lynch Resnick Sutton 1 Braig Buol ( CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on September 4, 2012 in the Historic Federal Building, 350 W. 6th Street. Present: Mayor ol; Council Members ig, Co ors, Jo s, Ly ‹, R084ck, S ton; City Manager Vin Milligen, City Attorryey Lindahl AbsCnt: Mayor Buol read the call and stated this is a special session of the City Council called for the purpose of conducting such business that may properly come before the City Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE SWEARING IN t Mayor Buol to Swear In Mayor Pro Tenn Kevin Lynch (September 2012 -April 2013) ; Ite‘ PRO LAMATIONS //M Voices from the Warehouse . Break the Paradigm Days (Sept -tuber 8-October 5, 2012) 1/ .//g127 Duque Oktoberfest Day (September 15, 2012) LA_ PRESENTATION 2012 K9 Olympics Performance Awards Police Chief Mark Dalsking to present the 2012 K9 Olympics Performance Awards to K9 Handler Officer Brian Wullweber and his K9 partner "Brix." &dm &A,///d ‘6./4/ %2lid,1414 € dud(' v L%/z, CONSENT ITEMS Yays Nays ;/ Connors V Jones (7/ Lynch j/ Resnick V Sutton Braig 7 1. Minutes and Reports Submitted Arts and Cultural Affairs Advisory Commission 7/24, City Council proceedings of 8/20, Community Development Advisory Commission of 8/15, Historic Preservation Commission 8/16, Human Rights Commission of 7/9, Library Board of Trustees minutes of 7/26 and Board update of 7/26 and 8/23, Long Range Planning Advisory Commission of 8/15, Mechanical Board of 8/9, Safe Community Advisory Committee of 5/9, Proof of Publication for City Council proceedings of 8/6 Suggested Disposition: Receive and File 2. Notice of Claims and Suits American Concessions for property damage, Monica Halverson for vehicle damage, and Steven Kaiser for property damage, and James Schueller for vehicle damage. 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: Americana Concessions for property damage, Monica Halverson for vehicle damage, Steven Kaiser for property damage, and James Schueller for vehicle damage. Suggested Disposition: Receive and File; Concur 4. City of Hamilton, Ohio Correspondence and proclamation from Joshua Smith, City Manager of Hamilton, Ohio, thanking the City of Dubuque for welcoming their delegation and providing a tour of Dubuque on July 28 -30, 2012. Suggested Disposition: Receive and File 5. Flexsteel Industries - Acceptance of Sidewalk Easement City Manager recommending acceptance of the easement for a sidewalk across Flexsteel Industries, Inc. at the southwest corner of Bell and 5th Streets. RESOLUTION ���Accepting the Grant of Easement for sidewalk through, under and across part of Lot 1 of 1 of Adams Company's 4th Addition in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s 6. Alcohol Compliance Civil Penalty for Alcohol License Holders - Fischer Lanes City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Fischer Lanes, 880 Locust Street. Suggested Disposition: Receive and File; Approve 7. Dubuque Industrial Center North - Acceptance of Storm Sewer and Access Easements City Manager is recommending acceptance of storm sewer and access easements from 2013 Dubuque, LLC for existing storm sewer and access across Lot 1 Dubuque Industrial Center North Second Addition. RESOLUTION c9,- Accepting the grant of an easement for storm sewer and access through, 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) 8. Collective Bargaining Agreement Amendment - International Union of Operating Engineers, Local #234 City Manager recommending approval of a ten hour per day and four day work week for full -time Public Safety Dispatchers through September 30, 2013. Suggested Disposition: Receive and File; Approve Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol 9. Dubuque Regional Airport - Land Acquisition Plat City Manager recommending approval of the land acquisition plat for the land acquired from Ronald and Ellen Hartman. RESOLUTION ' Approving Plat of Survey of Lot 1 and Lot 2 of the Northwest Qua er of the Northwest Quarter of Section 27, Township 88 North, Range 2 East of the Fifth Principal Meridian, Dubuque County, Iowa RESOLUTION q Approving Plat of Survey of Lot 1 and Lot 2 of the Southwest Quarter of the Southwest Quarter of Section 22, Township 88 North, Range 2 East of the Fifth Principal Meridian, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) 10. Consent Decree Semiannual Report City Manager recommending submittal of the September 2012 Semiannual Report for the U.S. Environmental Protection Agency Consent Decree. Suggested Disposition: Receive and File; Approve 11. Gallagher Benefit Services - Consulting and Actuarial Services Agreement City Manager recommending approval of an amendment to the Administrative Services Agreement with Gallagher Benefit Services for benefit consulting and actuarial services effective July 1, 2012, through June 30, 2014, and authorize the City Manager to sign the Amendment. Suggested Disposition: Receive and File; Approve 12. Statewide Program for Monitoring Post - Construction Controls - Letter of Support City Manager recommending that the City send a letter of general support for a statewide effort to help track and inspect post- construction controls and to create an on- line database that all inspectors can use. Suggested Disposition: Receive and File; Approve Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol 13. Volunteer Generation Fund Grant City Manager recommending that the City accept a Volunteer Generation Fund Grant Award from the Iowa Commission on Volunteer Service, which will allow the City to use volunteering as a strategy to meet some of the Safe Community Task Force Recommendations. Suggested Disposition: Receive and File; Approve 14. Fiscal Year 2012 City Street Financing Report City Manager recommending approval of the City Street Financing Report for Fiscal Year 2012. RESOLUTION Approving the City of Dubuque Fiscal Year 2012 City Street Financing Report Suggested Disposition: Receive and File; Adopt Resolution(s) 15. Purchase of Services Agreement - Green and Healthy Homes Initiative City Manager recommending execution of a contract with the Community Foundation of Greater Dubuque to provide a Home Advocate for the Green and Healthy Homes Initiative. Suggested Disposition: Receive and File; Approve 16. Iowa Mississippi River Parkway Commission (MRPC) - 2012 Annual Report Iowa MRPC Chair John Goodmann submitting the 2012 Iowa Mississippi River Parkway Commission's annual report. Suggested Disposition: Receive and File Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol 17. Federal Emergency Management Agency (FEMA) Correspondence from Luis Rodgriguez of the Federal Emergency Management Agency (FEMA), Engineering Management Branch, providing the City with information on the appeals process and notification of publication for the Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) determinations. Suggested Disposition: Receive and File; Refer to City Manager 18. Arts and Cultural Affairs Advisory Commission / Investment Oversight Commission Commissioner John King submitting his resignation to the Arts and Cultural Affairs Advisory Commission and the Investment Oversight Advisory Commission due to a change in residency. Suggested Disposition: Receive and File; Accept Resignation 19. Housing Commission Commissioner Dave Kapler submitting his resignation to the Housing Commission. Suggested Disposition: Receive and File; Accept Resignation 20. Iowa Municipal Professionals Academy Correspondence from Cindy Kendall of the ISU Extension and Outreach, Office of State and Local Programs thanking the City for supporting the attendance of City Clerk Kevin Firnstahl and Assistant City Clerk Trish Gleason at the 2012 Iowa Municipal Professionals Academy. Suggested Disposition: Receive and File Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol 21. U.S. Department of Housing and Urban Development (HUD) Correspondence from Shannon Steinbauer, Government Technical Representative for the U.S. Department of Housing and Urban Development advising that the City's Healthy Homes and Lead Hazard Control Program has received an overall performance rating of 100 out of 100 and providing some instruction on the program's relationship to the Green and Healthy Homes Initiatives. Suggested Disposition: Receive and File 22. Code of Ordinances - Adoption of Supplement No. 10 City Clerk recommending adoption of Supplement No. 10 to the City of Dubuque Code of Ordinances, which adopts Ordinance Nos. 35 -12, 36 -12, 37 -12, 38 -12, 39 -12, 40 -12, and 41 -12 as adopted by the City Council through August 20, 2012. RESOLUTION the City of Dubuque, Iowa Adopting Supplement No. 10 to the Code of Ordinances of Suggested Disposition: Receive and File; Adopt Resolution(s) 23. Dubuque Main Street - Resolution of Support City Manager recommending approval of the Program Agreement between Dubuque Main Street, the City of Dubuque, and the Iowa Department of Economic Development. RESOLUTION 02 5(7Z Resolution of support and financial commitment for the Main Street Program in Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s) 24. IBM Research - Amendment to Joint Development Agreement City Manager recommending an amendment to the existing Joint Development Agreement with IBM Research to support a Department of Energy Smart Grid Data Access Grant. Suggested Disposition: Receive and File; Approve Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol 25. Improvement Contracts / Performance, Payment and Maintenance Bonds Contract with A &G Electric for the North End Neighborhood Trail Lighting Project and Stackis Construction for the Fire Hydrant Repainting Project Phase II 2012. Suggested Disposition: Receive and File; Approve 26. Signed Contracts Contract with Davis Construction for the Allison- Henderson Park Building Remodel and Digital Designs for exterior bus decal advertising production. Suggested Disposition: Receive and File 27. Alcohol License Applications City Manager recommending approval of annual beer, liquor and wine license applications 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 Connors Jones Lynch Resnick Sutton Braig Buol BOARDS /COMMISSIONS Applicants are 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. 1. Cable Television Commission One 3 -year term through July 1, 2015 (Vacant term of Herrig) Applicant: Kathleen McMullen, 1308 Curtis St. 2. Civic Center Commission One 3 -year term through Jn- 29 2 3 (Vacant term of Field) Applicant: Kirstin Pope-,--538: 3. Housing Commission One 3 -year terms through August 17, 2014 (Vacant Term of Krey) Applicant: Rick J. Baumhover, 601 Garfield Ave. #104 / q. 4. Human Rights Commission Two 3 -year terms through January 1, 2013 and January 1, 2015 (Vacant Terms of Krey /i and Hansen). Applicants: Rick J. Baumhover, 601Garfield Ave. #104 - 5P Howard Lee III, 516 Lincoln Ave. Z arlA19. This commission is subject to the State of Iowa Gender Balance Law. 5. Zoning Advisory Commission Two 3 -year terms through July 1, 2015 (Vacant terms of Hardie and Miller) , 601 Garfield Ave. #104; Stephen Hardie, 62 Freemont / G Ave.; Charles Miller, 7010 Asbury Rd. 5&0,...... 77 This commission is subject to the State of Iowa Gender Balance Law. ITEMS TO BE SET FOR PUBLIC HEARING Yays Nays Connors �� Jones ?/ / Lynch t/ Resnick Sutton Braig 1" Buol 1. Vacate of Property - 2500 Kerper Blvd. (Key City Plating) City Manager recommending setting a public hearing for September 17, 2012, to consider vacation of a lot known as Lot 2A of McGraw -Hill, Key City Plating Replat. R€ t399e N`af`Intte-nt te-vaeate-and- dispose` of _CityJnterest_in- a- por-tien -of Ker-per -Beuleverfei tertre-I wn a Ic T IIIII K Cit '°Platih "R- eplattn the eity of 114buque;i- Dubuque eotinty l'wax Suggested Disposition: Receive and File; Aelepi vltrtier*), Public Hearing 9/17/12 2. Fiscal Year 2013 First Budget Amendment City Manager recommending the first Fiscal Year 2013 Budget Amendment be set for public hearing for September 17, 2012. RESOLUTION Setting the date for the public hearing on Amendment No. 1 to the Fiscal Year 2013 Budget for the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 9/17/12 PUBLIC HEARINGS 1. Request to Amend Planned Unit Development - Asbury Plaza (Tabled from June 18, 2012) Proof of publication on notice of public hearing to consider a request by O'Connor & Thomas, P.C., Asbury Dubuque, LC, and Richardson Investments, LLC to amend the Asbury Plaza Planned Unit Development to allow for a right -in /right -out access to the Northwest Arterial and to amend the list of permitted uses, height and sign regulations and the Zoning Advisory Commission recommending approval. Correspondence from O'Connor & Thomas on behalf of the developers requesting that the application be withdrawn from consideration. City Manager advising that City staff has no objection to the request for withdrawal. ORDI CE As re ommended by the Zoning Advisory Commission OR as recommended by the City Manager Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code by rescinding Ordinances 4 -96, 44 -99, 97 -02, 41 -03, 51 -05 and 65 -06, which established regulations for Asbury Plaza, a planned unit development with a Planned Commercial Designation, located at the northwest corner of Highway 32 and Asbury Road and now being amended to allow vehicle sales and vehicle service or repair as permitted uses and amend regulations for signage and building height Suggested Disposition: Receive and File; Remove from Table, Accept Withdrawal Yays v Nays 1/ Connors Jones Lynch !/ Resnick ✓` Sutton Braig 2/ Buol SUSPEND THE RULES Yays Nays Ii Connors V / Jones V Lynch iZr Resnick !/ Sutton V Braig t' Buol 2. 2013 Dubuque, LLC (FedEx) - Vacate Storm Sewer Easement and Blanket Easement Proof of publication on notice of public hearing to consider the vacation of a blanket access easement and a portion of storm sewer easement on Lot 1 Dubuque Industrial Center North Second Addition, as requested by Carl Ruedebusch, representing the purchasers of the lot, 2013 Dubuque, LLC and the City Manager recommending approval. RESOLUTION Disposing of City interest in storm sewer and access easements on Lot 1 Dubuque Industrial Center North Second Addition in the City of Dubuque, Dubuque County, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays Connors Jones jit Lynch iZr Resnick IV Sutton I/ Braig t' Buol ran d6.6i 3. Green Alley Permeable Pavers Supplemental Environmental Project (SEP) Proof of publication on notice of public hearing to consider approval of plans specifications, form of contract and estimated cost for the Green alley Permeable Pavers Supplemental Environmental Project (SEP) between Jackson and Washington Streets from 16th to 17th and between Jackson and White Streets from 17th to 18th and the City Manager recommending approval. RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Green Alley Permeable Pavers Supplemental Environmental 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) Yays Nays 1/� Connors 1/ Jones j/ Lynch V Resnick t/ Sutton j// Braig jV- Buol REINSTATE THE RULES Yays Nays 1/� Connors i/ Jones >/ / Lynch V Resnick t/ Sutton 1/ Braig 1/ Buol FilVq 20's ,44, d/n/ *2( - iff-",1129/ ACTION ITEMS 1.,Meter District Amendment - Historic Millwork District (Third 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. Correspondence from the Dubuque Police Protective Association in opposition to the Meter District Amendment. ORDINANCE l 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 Suggested Disposition: Receive and File; Motion B; Motion A spend the Readings Ya Nays Connors nes Ly h Resni Sutton Braig Buol Final Reading and Adopt Yays Nays Connors V/ Jones Lynch .2 Resnick ii Sutton Braig 1/ Buol P�/r�- 9%✓1.�� -ms 0//17,03-,°- ,74we7/7:,1,,e(riwww fie= o/i-a /zier/4/?a,'i ? /2/Ar,0 4c7" /-etit/ d ,/J‘i,� lam /4),,4 eikk `%ii z?z. R16 2 � 57,1mz m4l1,}7 .a/'P,i, hi,e4 hve/g) 2. Grand River Center - Floor Settlement Remediation Project City Manager recommending that a public hearing be set for September 17, 2012, for the Grand River Convention Center - Floor Settlement Remediation Project and to authorize advertisement for proposals. 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 (Grand River Convention Center Floor Settlement Remediation Project) Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 9/17/12 Yays Nays 7. Connors // % Jones Lynch 1%� Resnick �j , Sutton ,// � Braig 1- Buol 4,frn 7/& 3. Intermodal Transportation Campus - Design Award City Manager recommending award of the multi - phased final design and construction oversight of the Intermodal Transportation Campus Phase I contract to Neumann - Monson of Iowa City, IA. Suggested Disposition: Receive and File; Approve Yays Nays ✓7 Connors Jones Lynch Resnick Sutton Braig 1✓ /7/11 — 8/2) 9/ eZ, �vm t a A 4/A-rin 2?&i ay ,OWD M7/6"- /k/i Mile)V// /7)'/6/7-,v? 44-./14 1/h 4. Citizen Correspondence Correspondence from Amy Spiegelhalter, 3739 Inwood Avenue, requesting the City install a sidewalk on Peru Road from the Casey's General Store to the Heritage Trail. Suggested Disposition: Receive and File; Refer to City Manager Y'� Nays V Connors Jones ,/ Lynch i Resnick Sutton Braig 9V Buol 40/ it% dip' -1/g ii-/-9? led 4/9 01// 4‘1 1 4 "117-(i) l� COUNCIL MEMBER REPORTS 2a, r — ' rz %7 b4-- )2#- 9 ,4 ngp PUBLIC INPUT CLOSED SESSION @ Pending Litigation - Chapter 21.5(1)'(c), Code of Iowa Yays Nays V Connors j Jones V Lynch a__ Resnick Sutton Braig Buol Yays Nays Connors j Jones / Lynch a__ Resnick Sutton Braig Buol N. ADJOURNMENT Yays Nays Connors Jones Lynch Resnick Sutton Braig Buol 1 / TO: KEVIN S. FIRNSTAHL, CITY CLERK YOU ARE HEREBY DIRECTED TO CALL THE REGULAR SESSION OF THE CITY COUNCIL TO BE HELD ON TUESDAY, SEPTEMBER 4, 2012, AT 6:30 PM, IN THE HISTORIC FEDERAL BUILDING TO ACT UPON SUCH BUSINESS THAT MAY PROPERLY COME BEFORE THE COUNCIL. ROY D. -'UOL, MAYOR CONSENT ITEMS: PAGES /4, TO: KEVIN S. FIRNSTAHL, CITY CLERK YOU ARE HEREBY DIRECTED TO CALL A SPECIAL SESSION OF THE CITY COUNCIL TO BE HELD ON TUESDAY, SEPTEMBER 4, 2012, AT 5:30 PM, IN THE HISTORIC FEDERAL BUILDING FOR THE PURPOSE OF CONDUCTING A WORK SESSION ON THE SUSTAINABLE DUBUQUE PROJECT UPDATE. D. BUOL, MAYOR C41V,� 1,10//Ml7d6,, 11