Minutes_City Council Proceedings 11 7 11CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in Special Session at 5:00 P.M. on November 7, 2011 in the
Historic Federal Building, 350 w. 6th Street.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton, City
Manager Van Milligen; City Attorney Lindahl (joined at 5:10 p.m.)
Mayor Buol read the call and stated this is a special session of the City Council to conduct a
work session on the Sustainable Dubuque Quarterly Update.
WORK SESSION
QUARTERLY SUSTAINABLE DUBUQUE QUATERLY UPDATE
Sustainability Coordinator Cori Burbach stated that the purpose of the update was to focus
on sustainability programs that relate to the Economic Prosperity pillar of sustainability. Ms
Burbach introduced members of the Sustainability Panel who updated the City Council on the
following areas:
• Growing Sustainable Communities Conference — Tom Woodward
• Buyer /Supplier Network — Kelly McEleroy
• Destination for Opportunity Rick Dickinson
• Innovation Consortium — Dan Mc Donald
• Green Jobs and Industry — Wendy Knight
• Smarter Sustainable Dubuque — David Lyons
There being no further business, upon motion the City Council adjourned at 6:09 p.m.
/s /Kevin S. Firnstahl
City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 pm on November 7, 2011 in the
Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Sutton, City
Manager Van Milligen, City Attorney Lindahl
Pledge of Allegiance
Invocation was provided by Major Tom Mason of the Salvation Army.
PRESENTATIONS
Resource Management Coordinator Paul Schultz presented a gift from the Changsha
Government of China / ICMA Fellowship Exchange to the City of Dubuque.
Convention and Visitors Bureau Event and Sports Director Katie Simmons presented the
Iowa Tourism Outstanding Elected Official Award to City Council Member Joyce Connors and
the Niche Marketing Award for Art Market to the City of Dubuque and the Dubuque Arts
Center.
Dubuque Art Center Director Jordan DeGree presented the Arts Advocate of Distinction
Award to Arts and Cultural Affairs Coordinator Jan Stoffel.
Dubuque Community Y Domestic Violence Program Director Sr. Cherie Bulko recognized
Dubuque Police Officer Lisa Latham for her outstanding support for victims of violence.
Dubuque Main Street Executive Director Dan LoBianco presented the Dubuque Main Street
Awards for Best Public Improvement /Rehabilitation (Historic Shot Tower), Best New
Construction (10th and Central Avenue Parking Ramp), and Best Partnership (Smarter
Sustainable Dubuque /IBM).
PROCLAMATIONS
Philanthropy Day (November 15, 2011) was accepted by Dan McCarthy of the Association
of Fundraising Professionals Greater Tri -State Chapter.
Hospice Month (November 2011) was accepted by Carole Carroll of Dubuque Hospice,
1670 John F. Kennedy Road.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and dispose of as
indicated. Seconded by Connors. Motion carried 7 -0.
Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 8/30 and
9/27, City Council Proceedings of 10/17, Civil Service Commission of 10/14, Carnegie -Stout
Public Library of 6/30, 7/18, 8/25, 9/29, Dubuque County Emergency Management
Commission of 8/2, Investment Oversight Commission of 10/26
Library Board of Trustees Update from Meeting of 9/29
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Proofs of Publication for City Council Proceedings of October 3 and October 17, 2011; and
List of Claims and Summary of Revenues for Month Ended September 30, 2011.
Upon motion the documents were received and filed.
Notice of Claims /Suits: Kenneth Miller for vehicle damage, Trisha Reck for property
damage. Upon motion the documents were received, filed and referred to the City Attorney.
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: Rahkee Norman for
vehicle damage, Trisha Reck for property damage, Rose Schaepe for vehicle damage, Terry!
Stewart for vehicle damage. Upon motion the documents were received, filed and concurred.
1000 Friends of Iowa — Roshek Building Recognition: City Manager transmitting
correspondence from the 1000 Friends of Iowa informing the City that Dubuque Initiatives has
received the Best Development Award in the Best Renovated Commercial /Civic Category for
the adaptive re -use of the Roshek Building. Upon motion the document was received and filed.
National Trust for Historic Places — Roshek Building Recognition: City Manager submitting
correspondence from the National Trust for Historic Places informing the City that the Roshek
Building will receive one of 14 National Preservation Honor Awards for 2011. Upon motion the
document was received and filed.
Government Finance Officer Association (GFOA) — Recognition: City Manager transmitting
correspondence advising that the City of Dubuque and Budget Director Jenny Larson have
been awarded the Distinguished Budget Presentation Award from the Government Finance
Officers Association (GFOA). Upon motion the document was received and filed.
Friends of the Mines of Spain — Recognition: City Manager transmitting a Certificate of
Appreciation recognizing the City of Dubuque for supporting the Mines of Spain in the area of
Partnership /Center and Land. Upon motion the document was received and filed.
Letter of Intent — 2012 All- America City Award: Letter of Intent to apply for the 2012 All -
America City Award to the National Civic League on behalf of the Community Foundation of
Greater Dubuque, Every Child / Every Promise and the City of Dubuque. Upon motion the
documents were received and filed.
Environmental Stewardship Advisory Commission: Commissioner Edward Cawley
submitting his resignation from the Environmental Stewardship Advisory Commission. Upon
motion the documents were received, filed and the resignation accepted.
Human Rights Commission: Commissioner Megan Gloss submitting her resignation from
the Human Rights Commission. Upon motion the document was received, filed and the
resignation accepted.
Investment Oversight Advisory Commission: Commissioner Hiram Melendez submitting his
resignation from the Investment Oversight Advisory Commission. Upon motion the document
was received, filed and the resignation accepted.
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American Society for Public Administration (ASPA): City Manager transmitting
correspondence from Erik Bergrud, President of the American Society for Public
Administration, informing the City Manager that he has been appointed to a three -year term on
the Board of Editors for the ASPA's Public Administration Review journal. Upon motion the
document was received and filed.
Mediacom Communications: Communication from Lee Grassley, Senior Manager for
Government Relations for Mediacom Communications, informing the City of changes in
programming. Upon motion the documents were received and filed.
Substance Abuse Services Center (SASC) — First Quarter Report: Substance Abuse
Services Center (SASC) Executive Director Diane Thomas submitting the Center's First
Quarter Report detailing the activities of the High Risk Youth Program. Upon motion the
document was received and filed.
Iowa Department of Transportation (IDOT) — Bee Branch Creek Trail: City Manager
submitting correspondence from the Iowa Department of Transportation (IDOT) informing the
City that the Iowa Transportation Commission has approved the Bee Branch Creek Trail —
MRT Route for funding assistance from the State Recreational Trails Program. Upon motion
the document was received and filed.
Iowa Department of Transportation (IDOT) — Right -of -Way Lease Agreement: City Manager
recommending approval of a lease agreement with the Iowa Department of Transportation
(IDOT) for use of the right -of -way east of Elm Street for a surface parking lot to facilitate the
increased parking needs in the Historic Millwork District. Upon motion the documents were
received, filed, and approved.
AT &T — Lease Extension: City Manager submitting correspondence from William Armstrong,
Cingular Wireless Project Manager / AT &T, informing the City of their intent to extend the lease
term for Site DBQ284A (1525 West Third Street Water Tower) for five years. Upon motion the
documents were received and filed.
Federal Emergency Management Agency (FEMA): City Manager transmitting
correspondence from Louis Rodriguez of the Federal Emergency Management Agency
(FEMA) revalidating the determinations for properties and /or structures as described in
previously issued Letters of Map Change (LOMCs), subsequent revisions to the October 18,
2011 National Flood Insurance Program (NFIP) map and encouraging distribution of the
information to the community. Upon motion the document was received, filed and referred to
the City Manager.
State of Iowa Annual Financial Report: City Manager recommending approval to publish the
cover page of the Fiscal Year 2011 Annual Financial Report and file the entire report with the
State Auditor's Office by December 1, 2011 as required by Section 384.22 of the Code of
Iowa. Upon motion the documents were received, filed, and approved.
Workers' Compensation Claims Administration Agreement: City Manager recommending
approval of the agreement between the City of Dubuque and Alternative Services Concepts
(ASC) for services related to the administration of the City's Workers' Compensation Program
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effective October 1, 2011 through September 30, 2012. Upon motion the documents were
received, filed, and approved.
Appeal of Claim by Chelsea Smith: Correspondence from Jo Ellen Reed and Chelsea Smith
appealing a claim against the City of Dubuque denied by the Iowa Communities Assurance
Pool (ICAP). Upon motion the document was received, filed and referred to the City Attorney.
AmeriCorps — 2012 -2013 Grant Application: City Manager recommending the execution of
the Iowa Commission on Volunteer Service City of Dubuque AmeriCorps Program grant
application. Upon motion the documents were received, filed, and approved.
AmeriCorps — Agreement with Dubuque Community School District: City Manager
recommending approval of an agreement between the Dubuque Community School District
and AmeriCorps for the 2011 -2012 school year for AmeriCorps members to serve in
elementary, middle and high schools. Upon motion the documents were received, filed, and
approved.
Hillcrest Family Services — Temporary Parking Agreement: City Manager recommending
approval of a temporary parking license agreement in Flora Park for Hillcrest Family Services,
Inc., during their construction process. Upon motion the documents were received, filed, and
approved.
Iowa 32 Bike /Hike Trail Project — Phase 3 Acceptance: City Manager recommending
acceptance of the Iowa 32 Bike /Hike Trail Phase 3 Project (between Plaza Drive and Payton
Street), as completed by Drew Cook & Sons Excavating, in the final amount of $136,946. Upon
motion the documents were received and filed and Resolution No. 355 -11 Accepting the Iowa
32 Bike /Hike Trail Phase 3 Project and authorizing the payment of the contract amount to the
contractor was adopted.
Bee Branch Creek Restoration Project — 1517 Maple Street: City Manager recommending
establishing the fair market value of 1517 Maple Street, owned by Tony Zenner, at the
appraised value of $66,950, and authorizing the City Manager to commence negotiations to
acquire the property for the Bee Branch Creek Restoration Project and further authorization to
acquire the property through eminent domain if negotiations fail. Upon motion the documents
were received and filed and Resolution No. 356 -11 Establishing the fair market value and
authorizing the acquisition by eminent domain of certain real property owned by Tony Zenner
in the City of Dubuque, Iowa, was adopted.
Bee Branch Creek Restoration Project — 508 E. 16th Street: City Manager recommending
establishing the fair market value of 508 E. 16th Street owned by WP Investments, at the
appraised value of $300,000, and authorize the City Manager to commence negotiations to
acquire the property for the Bee Branch Creek Restoration Project and further authorization to
acquire the property through eminent domain if negotiations fail. Upon motion the documents
were received and filed and Resolution No. 357 -11 Establishing the fair market value and
authorizing the acquisition by eminent domain of certain real property owned by WP
Investments, LLC in the City of Dubuque, Iowa, was adopted.
Bee Branch Creek Restoration Project — 540 E 16th Street: City Manager recommending
establishing the fair market value of 540 E. 16th Street owned by WP Investments, at the
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appraised value of $68,000, and authorize the City Manager to commence negotiations to
acquire the property for the Bee Branch Creek Restoration Project and further authorization to
acquire the property through eminent domain if negotiations fail. Upon motion the documents
were received and filed and Resolution No. 358 -11 Establishing the fair market value and
authorizing the acquisition by eminent domain of certain real property owned by WP
Investments, LLC in the City of Dubuque, Iowa, was adopted.
Bee Branch Creek Restoration Project — 2410 Washington Street: City Manager
recommending approval to purchase a 4 -plex rental property owned by Kim McDermott at
2410 Washington Street for $119,000 as part of the acquisition program associated with the
Bee Branch Creek Restoration Project. Upon motion the documents were received and filed
and Resolution No. 359 -11 Approving the acquisition of real estate owned by Kim McDermott
in the City of Dubuque was adopted.
Bee Branch Subdivision — Plats of Survey: City Manager recommending approval of the
Plats of Survey for Bee Branch Subdivision Nos. 3, 4, 5, and 6 in order to separate buildable
areas from the area of the parcels needed for the Bee Branch Creek Restoration Project. Upon
motion the documents were received and filed and Resolution No. 360 -11 Approving Plat of
Survey of Lots 1 and 2 of Bee Branch Subdivision No.3 in the City of Dubuque, Dubuque
County, Iowa; Resolution No. 361 -11 Approving Plat of Survey of Lots 1 and 2 of Bee Branch
Subdivision No. 4 in the City of Dubuque, Dubuque County, Iowa; Resolution No. 362 -11
Approving Plat of Survey of Lots 1 and 2 of Bee Branch Subdivision No. 5 in the City of
Dubuque, Dubuque County, Iowa; and Resolution No. 363 -11 Approving Plat of Survey of Lots
1 and 2 of Bee Branch Subdivision No. 6 in the City of Dubuque, Dubuque County, Iowa, were
adopted.
Request for Proposal — Dubuque Marina Management: City Manager recommending
approval to initiate the Request for Proposal process for Marina Facilities Management
Services for the Port of Dubuque Marina Project. Upon motion the documents were received,
filed, and approved.
Request for Proposal — The Jule Intelligent Technology Systems (ITS) Equipment: City
Manager recommending approval to issue a Request for Proposals for the purchase and
installation of Intelligent Technology Systems (ITS) equipment on The Jule's buses. Upon
motion the documents were received, filed, and approved.
Project Update — 7th Street Retaining Wall Emergency Repair: City Manager recommending
rejection of all bids for the 7th Street Retaining Wall Emergency Repairs Project and that the
project be re -bid over the winter with a completion date of June 15, 2012 and that the rejection
of bids be officially recorded in the minutes of the City Council. Upon motion the documents
were received, filed and made a Matter of Record.
Project Update — Madison Street Retaining Wall Emergency Repair: City Manager
recommending re -bid of the Madison Street Retaining Wall Emergency Repairs Project over
the winter with a completion date of June 15, 2012 and that the project delay be officially
recorded in the minutes of the City Council. Upon motion the documents were received, filed
and made a Matter of Record.
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Quarterly Investment Report: City Manager transmitting the Quarterly Investment Report for
the period of July 1, 2011 through September 30, 2011. Upon motion the documents were
received and filed.
40 Main, LLC — Fourth Amendment to Development Agreement: City Manager
recommending approval of the Fourth Amendment to the Development Agreement with 40
Main, LLC. Upon motion the documents were received and filed and Resolution No. 364 -11
Approving the Fourth Amendment to the 40 Main LLC Development Agreement was adopted.
Caradco Project — Housing Enterprise Zone Amendment: City Manager recommending
approval of an amendment to the Housing Enterprise Zone Program Agreement for the
Caradco Project approving the change of ownership from Caradco Building, LLLP to Caradco
Landlord, LLC. Upon motion the documents were received and filed and Resolution No. 365-
11 Approving an amendment to a Housing Enterprise Zone Program Agreement by and
among the Iowa Department of Economic Development, the City of Dubuque and Caradco
Building, LLP was adopted.
Dubuque Regional Airport — Small Community Air Service Development: City Manager
recommending that the City provide the previously budgeted $150,000 grant match for the
$500,000 Small Community Air Service Development Grant from the U.S. Department of
Transportation. Upon motion the documents were received, filed, and approved.
Sustainable Dubuque — Monthly Report: City Manager submitting the Sustainable Dubuque
Monthly Report for October 2011. Upon motion the documents were received and filed.
Vehicle Noise Memorandum Addendum: City Manager providing an update to the
information provided on July 25, 2011 regarding the Dubuque Police Department Police
Department's vehicle noise enforcement efforts, as well as addressing citizen concerns on the
efforts and suggestions on setting decibel limits and using noise meters. Upon motion the
documents were received and filed.
Historic Preservation Commission: Communication from the Historic Preservation
Commission requesting the City Council make the West Locust and Bluff Street area a top
priority during this year's goal setting session. Upon motion the documents were received and
filed.
Dubuque Casino Hotel — Assignment of Lease Agreement: City Manager recommending
approval of the Assignment of Lease Agreement for Dubuque Casino Hotel, LLC to DuPaco
Community Credit Union as security for financing of Dubuque Casino Hotel, LLC's current
indebtedness. This item was withdrawn from the agenda at the request of the property owner.
Stipulation of Settlement — Property Tax Appeal: City Attorney recommending approval of
the Stipulation of Settlement for First Northwestern Trust & Nellis Management for property
located at 1500 John F. Kennedy Road (Long John Silver's). Upon motion the documents were
received, filed, and approved.
Iowa Economic Development Authority (IEDA): Correspondence from the Director of the
Iowa Economic Development Authority (IEDA) Director Deborah Durham informing the City
that it has approved the eligibility of Dubuque Convention & Visitors Bureau for Fiscal Year
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2012 Regional Sports Authority District Certification. Upon motion the documents were
received and filed.
Iowa Department of Natural Resources (IDNR): City Manager transmitting correspondence
from the Iowa Department of Natural Resources (IDNR) informing the City it has placed the
Water Pollution Control Plant Cogeneration Facilities Project on the Fundable List of the
Intended Use Plan (IUP) for the Fiscal Year 2012 3rd Quarter IUP. Upon motion the documents
were received and filed.
Regional Transit Authority (RTA) — Termination of Lease Agreement: City Manager
recommending termination of the City's lease with the Regional Transit Authority (RTA) for two
light -duty Sprinter buses in the exchange for a payment to the City of $24,181.18. Upon motion
the documents were received, filed, and approved.
Signed Contracts: A) Dittmer Recycling Incorporated Amendment to Agreement; B) Strand
Associates Water Pollution Control Plant Modifications Project Change Order No. 11 with
Miron Construction Co., Inc.; C) Strand Associates Water Pollution Control Plant Modifications
Project Change Order No. 12 with Miron Construction Co., Inc.; D) Strand Associates Water
Pollution Control Plant Modifications Project Change Order No. 13 with Miron Construction
Co., Inc.; E) Interstate Power & Light Soil Use Agreement for Excess Excavated Soil; F)
Allender Butzke Engineers, Inc., Water Pollution Control Plant Modifications Project
Amendment No. 2 for Geotechnical Engineering Services; G) Vendor Services Agreement with
Environmental Management Services of Iowa, Inc. for asbestos removal related to the Fire
Department Headquarters Roof Replacement Project; H) Indemnification Agreement between
the City of Dubuque and Ronald and Sandy Conrad; I) Public Improvement Contract between
the City of Dubuque and Vorwald Log & Lumber for the deconstruction of the commercial
building at 501 Garfield Avenue. Upon motion the documents were received and filed.
Alcohol Compliance — Civil Penalties for Alcohol License Holders for HyVee Wine & Spirits:
City Manager recommending approval of the Acknowledgement / Settlement Agreement for an
alcohol compliance violation for HyVee Wine & Spirits at 3500 Dodge Street. Upon motion the
documents were received, filed, and approved.
Alcohol Compliance — Civil Penalties for Alcohol License Holders for Kalmes Breaktime Bar
& Grill: City Manager recommending approval of the Acknowledgement / Settlement
Agreement for an alcohol compliance violation for Kalmes Breaktime Bar & Grill at 1097
Jackson Street. Upon motion the documents were received, filed, and approved.
Liquor License Refund: Cafe Mana Java West requesting a refund on Special Class "C"
Liquor License No. BW0093112 in the amount of $253.13. Upon motion the documents were
received, filed, and approved.
Liquor License Applications: City Manager recommending approval of annual liquor license
renewals as submitted. Upon motion the documents were received and filed and Resolution
No. 366 -11 Granting the issuance of a Class "B" (Hotel /Motel) Liquor License to Grand Harbor
Resort & Water Park, Hotel Julien Dubuque; a Class "C" Beer /Liquor License to Yen Ching
Restaurant, Aragon Tap; a Class "B" Wine Permit to Target Store T -0086, and a Class "WBN"
Native Wine Permit to Kwik Stop; and Resolution No. 367 -11 Granting the issuance of a Class
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"B" Beer Permit to Jumpin' Jane's Indoor Party Center; a Class "C" Beer Permit to Big 10 Mart
Car Wash, Kwik Stop, Target Store T -0086, and Kwik Stop Food Mart were adopted.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch 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 Connors. Motion carried 7 -0.
Grand River Center — Exhibit Hall Carpet Replacement: City Manager recommending
setting a public hearing for November 21, 2011 and initiations of the public bidding process for
the Grand River Center exhibit Hall Carpet Replacement Project. Upon motion the documents
were received and filed and Resolution No. 368 -11 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
was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on November
21, 2011 in the Historic Federal Building.
Old Main Urban Revitalization Area Plan: City Manager recommending setting a public
hearing for November 21, 2011 to consider an amendment to the Old Main Urban
Revitalization Area Plan. Upon motion the documents were received and filed and Resolution
No. 369 -11 Acknowledging a proposed amendment to the Plan for the Old Main Urban
Revitalization Area and providing for a public hearing was adopted setting a public hearing for
a meeting to commence at 6:30 p.m. on November 21, 2011 in the Historic Federal Building.
University of Dubuque Geothermal Line — Bennett Street Easement: City Manager
recommending setting a public hearing for November 21, 2011 to consider granting an
easement across Bennett Street to accommodate the geothermal system for the University of
Dubuque Performing Arts Center. Upon motion the documents were received and filed and
Resolution No. 370 -11 Resolution of Intent to dispose of City interest by Grant of Easement for
private utility to University of Dubuque for an underlying portion of Bennett Street was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on November 21, 2011 in the
Historic Federal Building.
Lower Bee Branch Creek Enhancement — Floating Island: City Manager recommending
setting a public hearing for December 5, 2011 and initiation of the public bidding process for
the Bee Branch Creek Floating Island Project. Upon motion the documents were received and
filed and Resolution No. 371 -11 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 (Lower Bee Branch Creek Floating
Island Project) was adopted setting a public hearing for a meeting to commence at 6:30 p.m.
on December 5, 2011 in the Historic Federal Building.
Lower Bee Branch Creek Enhancement — Overlooks: City Manager recommending setting a
public hearing for December 5, 2011 and initiation of the public bidding process for the
Overlooks enhancement related to the Lower Bee Branch Creek Restoration Project. Upon
motion the documents were received and filed and Resolution No. 372 -11 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
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bids (Lower Bee Branch Creek Enhancement — Overlooks) was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on December 5, 2011 in the Historic Federal
Building.
BOARDS /COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on the
following Boards /Commissions:
Environmental Stewardship Advisory Commission: One 3 -year term through October 1,
2014 (expired term of Cawley). Applicant: Wayne Klostermann, 2636 Queen Street.
Human Rights Commission: One 3 -year term through January 1, 2014 (vacant term of
Gloss). Applicants: Nickie Blume, 2523 Washington Street; Miguel Jackson, 631 University
Avenue.
Zoning Advisory Commission: One 3 -year term through July 1, 2013 (vacant term of Stiles).
Applicant: Eugene Bird, Jr., 3357 Arrowwood Lane.
Appointments to the following Boards /Commissions:
Plumbing Code Board: One 3 -year term through November 2, 2014 (Expiring term of
Willenborg). Applicant: Harlan Willenborg, 3254 Lake Ridge Drive. Motion by Lynch to appoint
Harlan Willenborg to the Plumbing Code Board for a 3 -year term through November 2, 2014.
Seconded by Resnick. Motion carried 7 -0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Sale of Property — 2315 Jackson Street: Proof of publication of notice of public hearing to
consider the sale of City -owned property located at 2315 Jackson Street to Raymond Pfeiffer
for the purchase price of $74,000 and the City Manager recommending approval. Motion by
Connors to receive and file the documents and adopt Resolution No. 373 -11 Resolution of
Intention to dispose of City -owned property, specifically, East % Of Lot 24A in L.H.
Langworthy's Addition in the City of Dubuque, County of Dubuque, Iowa, according to the
recorded plat thereof, 2315 Jackson Street. Seconded by Lynch. Motion carried 7 -0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Dubuque Main Street — Historic Millwork District: Dubuque Main Street Executive Director
Dan LoBianco presented an update on the history and progress of projects in the Historic
Millwork District, and Resource Development Director Ryan Dierks described how the projects
relate to the Sustainability Principles Motion by Connors to receive and file the information.
Seconded by Resnick. Motion carried 7 -0.
Citizen Petition — Run Off on Kaufmann Avenue and Valeria Street: Residents of the
Kaufmann Avenue and Valeria Street neighborhood submitting a petition regarding water
runoff behind their homes west of Cushing Street. Motion by Connors to receive and file the
documents and refer to staff with a recommendation to returned to Council. Seconded by
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Braig. Valeta Brown, 433 Kaufmann Avenue, speaking on behalf of the area residents,
described the referenced drainage and flooding issues, and distributed pictures. Motion carried
7 -0.
Wild Rose Estates Final Plat — Intersection Visibility: City Manager recommending that the
sight distance issue at Wild Rose Lane and Middle Road needs to be resolved by the
developer prior to further processing of the Final Plat. Motion by Connors to receive and file
the documents and approve the recommendation. Seconded by Jones. Motion carried 7 -0.
Consent Decree — Request for Inflow and Infiltration Inspectors: City Manager
recommending authorization to create two - full -time inflow and infiltration (I &I) inspectors and to
purchase two new vehicles for the positions, which will increase the City's ability to conduct
sanitary sewer inflow and infiltration inspections at businesses and homes in order to comply
with the Environmental Protection Agency (EPA) Consent Decree. Motion by Jones to receive
and file the documents and approve the recommendation. Seconded by Connors. Motion
carried 7 -0.
Shelter Plus Care Program — Funding Request: City Manager recommending approval to
provide $5,000 in support of continued administration of the Shelter Plus Care Program
through the balance of Fiscal Year 2012. Motion by Connors to receive and file the documents
and approve the recommendation. Seconded by Braig. Motion carried 7 -0.
Code of Ordinances Amendment - Water Meters and Related Accessories: City Manager
recommending approval of an Ordinance Amendment to Sections 13 -1 B -1 to 13 -1 B -11 to
incorporate Unmeasured Flow Reducer (UFR) devices and clarify the property owner's
responsibility for the care of the water meter assembly. Motion by Jones 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 Braig. Motion carried 7 -0.
Motion by Connors for final consideration and passage of Ordinance No. 49 -11 Amending
City of Dubuque Code of Ordinances Title 13 Public Utilities, Chapter 1 Water Use and
Services, Article B Water Meters, Sections 13 -1 B -1 to 1301 B -11 by incorporating the
regulation of Unmeasured Flow Reducer Devices and clarifying the property owner's
responsibility for the care of the water meter assembly. Seconded by Jones. Motion carried 7-
0.
Jule Transit — Shopping Circulator Route Changes: City Manager recommending approval
of the Shopping circulator route and the resulting changes in the Red, Green and Grey Lines.
Motion by Connors to receive and file the documents and approve the recommendation.
Seconded by Resnick. Transit Manager Barbara Morck gave a slide presentation on the
change in routes. Motion carried 7 -0.
Dubuque Racing Association (DRA): Correspondence from Jesus Aviles, President and
CEO of the Dubuque Racing Association (DRA) requesting appointments of the required
governmental representatives to its Board of Directors, currently Mayor Buol, Council Members
Ric Jones, Kevin Lynch, and City Manager Michael Van Milligen. Motion Connors to receive
and file the documents and re- appoint Mayor Buol, Council Members Jones and Lynch, and
City Manager Van Milligen. Seconded by Braig. Motion carried 7 -0.
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Request for Work Session — Roundabouts: City Manager requesting setting a work session
for Monday, December 19, 2011 to provide an overview of roundabout concepts and benefits
in lieu of traditional intersection design and signalization. Motion by Braig to receive and file the
documents and schedule the work session as recommended. Seconded by Connors. Motion
carried 7 -0.
COUNCIL MEMBER REPORTS
Resnick recognized Veteran's Day this coming Friday and encourage citizens to engage in
local activities and events that support local veterans.
CLOSED SESSION
Motion by Jones to enter into closed session at 8:32 p.m. regarding pending litigation and
property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Resnick.
Motion carried 7 -0.
Upon motion the City Council reconvened in open session at 9:40 p.m. stating that staff had
been given proper direction.
There being no further business, upon motion the City Council adjourned at 9:41 p.m.
1t 11/16
Kevin S. Firnstahl
City Clerk
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