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
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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 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
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Voices from the Warehouse . Break the Paradigm Days (Sept -tuber 8-October 5, 2012) 1/
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Duque Oktoberfest Day (September 15, 2012)
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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."
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CONSENT ITEMS
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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
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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
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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
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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
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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
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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)
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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
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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
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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
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SUSPEND THE RULES
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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)
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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)
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REINSTATE THE RULES
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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
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Final Reading and Adopt
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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
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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
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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
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COUNCIL MEMBER REPORTS 2a, r — '
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PUBLIC INPUT
CLOSED SESSION @
Pending Litigation - Chapter 21.5(1)'(c), Code of Iowa
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N. ADJOURNMENT
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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
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