Minutes_City Council Proceedings 9 4 12CITY 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 Buol; Council Members Braig, Connors, Jones, Lynch, Resnick,
Sutton; City Manager Van Milligen, City Attorney Lindahl (joined at 5:38 p.m.)
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
Sustainable Dubuque Coordinator Cori Burbach, Raki Gianakorous and Jason
Schatz of Green Dubuque, Dan McDonald of Greater Dubuque Development
Corporation, and Smarter Sustainable Dubuque Project Manager David Lyons provided
a slide presentation, which highlighted the following topics. City Council had discussion
with the speakers following the presentation.
• Growing Sustainable Communities Conference, October 2 & 3,
2012; www.gscdubuque.com
• Alternative Energy Asset Map (University of Iowa Student Project)
• Community & Business Engagement
• Innovation Consortium
• Community Climate Action Plan
o Green House Gas Reduction and Resiliency: strategies & sectors
o Business Partners: input, survey & goals
o Community Input: students, public events, focus groups
• Smarter Travel Project
o economic and services impact: transportation savings
o health and wellness impact: air pollution
o safety
o delivery to activity centers
o history of transit in Dubuque: impact of changes, improvement process
o Smart Travel: devices, data collection and analysis
o Impact of Changes
There being no further business, upon motion the City Council adjourned at 6:19 p.m.
Kevin S. Firnstahl, CMC
City Clerk
It 9/12
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 Buol; Council Members Braig, 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 City
Council.
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
SWEARING IN
Mayor Buol Swore In Mayor Pro Tem Kevin Lynch (September 2012 -April 2013)
PROCLAMATIONS
Voices from the Warehouse — Innov8; Break the Paradigm Days (September 8-
October 5, 2012) was accepted by Voices Co -Chair Geri Shafer and team
representatives. Dubuque Oktoberfest Day (September 15, 2012) was accepted by
Terry Mozena for co- sponsor Premier Bank.
PRESENTATION
2012 K9 Olympics Performance Awards: Police Chief Mark Da!sing presented the
2012 K9 Olympics Performance Awards to K9 handler Officer Brian Wul!weber and his
K9 partner "Brix."
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Braig. Motion carried 7 -0.
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.
Upon motion the documents were received and filed.
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. 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: Americana Concessions for property damage, Monica Halverson for
vehicle damage, Steven Kaiser for property damage, and James Schueller for vehicle
damage. Upon motion the documents were received, filed and concurred.
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. Upon motion the documents were
received and filed.
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. Upon motion the documents were
received and filed and Resolution No. 226 -12 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, was adopted.
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. Upon motion the
documents were received, filed, and approved.
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. Upon motion the documents were
received and filed and Resolution No. 227 -12 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, was adopted.
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.
Upon motion the documents were received and filed.
Dubuque Regional Airport - Land Acquisition Plat: City Manager recommending
approval of the land acquisition plat for the land acquired from Ronald and Ellen
Hartman. Upon motion the documents were received and filed and Resolution No. 228-
12 Approving Plat of Survey of Lot 1 and Lot 2 of the Northwest Quarter of the
Northwest Quarter of Section 27, Township 88 North, Range 2 East of the Fifth Principal
Meridian, Dubuque County, Iowa; and Resolution No. 229 -12 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, were adopted.
Consent Decree Semiannual Report: City Manager recommending submittal of the
September 2012 Semiannual Report for the U.S. Environmental Protection Agency
Consent Decree. Upon motion the documents were received, filed, and approved.
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. Upon motion the documents were received, filed, and approved.
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. Upon motion the documents were received, filed,
and approved.
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. Upon motion the documents were
received, filed, and approved.
Fiscal Year 2012 City Street Financing Report: City Manager recommending
approval of the City Street Financing Report for Fiscal Year 2012. Upon motion the
documents were received and filed and Resolution No. 230 -12 Approving the City of
Dubuque Fiscal Year 2012 City Street Financing Report was adopted.
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.
Upon motion the documents were received, filed, and approved.
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. Upon motion the documents were received and filed.
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. Upon motion the documents were received, filed and
referred to the City Manager.
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. Upon motion the document was received, filed and the resignation
accepted.
Housing Commission: Commissioner Dave Kepler submitting his resignation to the
Housing Commission. Upon motion the document was received, filed and the
resignation accepted.
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. Upon motion the
document was received and filed.
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. Upon motion the documents were received and filed.
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. Upon motion the documents were
received and filed and Resolution No. 231 -12 Adopting Supplement No. 10 to the Code
of Ordinances of the City of Dubuque, Iowa, was adopted.
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. Upon motion the documents were
received and filed and Resolution No. 232 -12 Resolution of support and financial
commitment for the Main Street Program in Dubuque was adopted.
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. Upon
motion the documents were received, filed, and approved.
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. Upon motion the
documents were received, filed, and approved.
Signed Contracts: Contract with Davis Construction for the Allison- Henderson Park
Building Remodel and Digital Designs for exterior bus decal advertising production.
Upon motion the documents were received and filed.
Alcohol License Applications: City Manager recommending approval of annual beer,
liquor and wine license applications as submitted. Upon motion the documents were
received and filed and Resolution No. 233 -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.
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.
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. Upon motion the
documents were received and filed a public hearing was set for a meeting to commence
at 6:30 p.m. on September 17, 2012 in the Historic Federal Building.
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.
Upon motion the documents were received and filed and Resolution No. 234 -12 Setting
the date for the public hearing on Amendment No. 1 to the Fiscal Year 2013 Budget for
the City of Dubuque was adopted setting a public hearing for a meeting to commence at
6:30 p.m. on September 17, 2012 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:
Cable Television Commission: One 3 -year term through July 1, 2015 (Vacant term of
Herrig). Applicant: Kathleen McMullen, 1308 Curtis St.
Civic Center Commission: One 3 -year term through June 29, 20123 (Vacant term of
Field). Applicant: Kirstin Pope, 5388 Park Place. Ms. Pope spoke in support of her
appointment.
Housing Commission: One 3 -year terms through August 17, 2014 (Vacant Term of
Krey). Applicant: Rick J. Baumhover, 601 Garfield Ave. #104. Mr. Baumhover spoke in
support of his appointment.
Human Rights Commission: Two 3 -year terms through January 1, 2013 and January
1, 2015 (Vacant Terms of Krey and Hansen). Applicants: Rick J. Baumhover, 601
Garfield Ave. #104. Howard Lee III, 516 Lincoln Ave. Mr. Baumhover spoke in support
of his appointment.
Zoning Advisory Commission: Two 3 -year terms through July 1, 2015 (Vacant terms
of Hardie and Miller). Applicants: Rick Baumhover, 601 Garfield Ave. #104; Stephen
Hardie, 62 Freemont Ave.; Charles Miller, 7010 Asbury Rd. Mr. Miller spoke in support
of his appointment. Mr. Baumhover requested that his application be withdrawn from
consideration for this commission.
PUBLIC HEARINGS
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. Motion by Connors to remove from
the table. Seconded by Jones. Motion carried 7 -0.
Motion by Connors to receive and file the documents and accept the withdrawal.
Seconded by Resnick. Motion carried 7 -0.
Upon motion the rules were suspended allowing anyone present to address the City
Council.
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. Motion by Lynch to receive and file the documents and adopt
Resolution No. 235 -12 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. Seconded by Jones. Motion carried 7 -0.
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. Motion by Braig to receive and file the documents and adopt
Resolution No. 236 -12 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). Seconded by Lynch. Dorothy Krayer, 1205 Park
Street, spoke in support of the project on behalf of Emmanuel Congregational United
Church of Christ at 1795 Jackson Street. Motion carried 7 -0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
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.
Motion by Jones to receive and file the documents and adopt Ordinance No. 48 -12
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 Resnick. Responding to
questions from City Council, Parking System Supervisor Tim Horsfield reiterated that
meters would be installed as residential, retail and unexpected demands in the area
dictated. He also stated that installations would be done through onsite assessments
and communication with property owners. Motion carried 5 -2 with Lynch and Sutton
voting nay.
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. Motion by Jones to receive and file the documents, adopt
Resolution No. 237 -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 (Grand River
Convention Center Floor Settlement Remediation Project), and set a public hearing for
a meeting to commence at 6:30 p.m. on September 17, 2012. Seconded by Resnick.
Motion carried 7 -0.
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. Motion
by Connors to receive and file the documents and approve the recommendation.
Seconded by Resnick. Responding to questions from City Council, Economic
Development Director Dave Heair and Parking System Supervisor Tim Horsfield
provided information on the breakdown of design fees paid to date and for components
of the final design. Motion carried 6 -1 with Braig voting nay.
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. Motion by Connors to receive and file the documents and
refer to the City Manager for staff to explore and present information at a future
meeting. Seconded by Resnick. Motion carried 7 -0.
COUNCIL MEMBER REPORTS
Buol reported on being contacted by Bud Isenhart who thanked the Mayor and City
staff for the many little projects such as neighborhood parks that the City has completed
and is working on.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:32 p.m. regarding pending
litigation pursuant to Chapter 21.5(1)(c), Code of Iowa. Seconded by Resnick. Motion
carried 7 -0.
Upon motion the City Council reconvened in open session at 7:50 p. m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 7:51 p.m.
Kevin S. Firnstahl, CMC
City Clerk
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