Proof of Publication_City Council Proceedings 8 20 12CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
SPECIAL SESSION
The Dubuque City
Council met in special
session at 4:30 p.m. on
August 20, 2012 at the
Water & Resource
Recovery Center, 795
Julien Dubuque Drive.
Present: Mayor Buol;
Council Members
Braig, Lynch, Sutton;
City Manager Van
Milligen. Council
Members Jones and
Resnick, and City
Attorney Lindahl joined
at 4:40 p.m.
Absent: Council
Member Connors
Mayor Buol read the
call and stated this is a
special session of the
City Council called for
the purpose of
conducting a work
session tour of the
Water & Resource
Recovery Center
Renovation Project.
WORK SESSION
Tour - Water &
Resource Recovery
Center
Water & Resource
Recovery Center Man-
ager Jonathon Brown
and Adam Klass of
Unison Solutions pro-
vided a tour of portions
of the interior and
exterior areas of the
W &RRC and provided
an overview of the
functions of each area.
Highlights included the
laboratory, recovered
waste water used for
the heating /cooling
system and the
anaerobic digester and
methane gas pro-
cessing systems.
There being no
further business, upon
motion the City Council
adjourned at 5:15 p.m.
Kevin S. Firnstahl,
CMC, City Clerk
it 8/29
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
REGULAR SESSION
The Dubuque City
Council met in regular
session at 6:30 p.m. on
August 20, 2012 in the
Historic Federal Build-
ing, 350 W. 6th Street.
Present: Mayor Buol;
Council Members Braig
(joined at 6:36 p.m.),
Connors, Jones, Lynch,
Pocntck. Sutton. City
(August 25, 2012) was
accepted by Mayor
Buol; Civic Awareness
Month (September
2012) was accepted by
Mayor Buol; Life Insur-
ance Awareness Month
(September 2012) was
accepted by Ron
McDonald of Bradley
Beck & McDonald and
the Dubuque Associa-
tion of Insurance and
Financial Advisors; and
Rod Bremer of North-
western Mutual Life
Insurance Company;
United Way Campaign
Time (September 2012)
was accepted by
Campaign Co -Chair
Judy Wolf, 215 W. 6th
Street.
PRESENTATION
City Manager Van
Milligen introduced
Alvin Nash, the newly
appointed Housing and
Community Develop -
mentDepartmentDirec-
tor. Mr. Nash spoke
regarding his back-
ground and qualifica-
tions.
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated.
Seconded by Resnick.
Scott Kunde of Wenzel
Towing, 3195 Hughes
Court requested ( #16)
2013 -2015 Towing Con-
tract Recommendation
be held for separate
discussion. Motion car-
ried 7 -0.
Minutes and Reports
Submitted: Arts and
Cultural Affairs Advi-
sory Commission of
6/26, City Council
proceedings of 8/6,
Investment Oversight
Advisory Commission
of 7/25, Library Board
of Trustees of 6/8, Park
and Recreation Advi-
sory Commission of
12/13/11 through
7/10/12 and Work
Session of 7/24, Zoning
Advisory Commission
of 8 /1, Zoning Board of
Adjustment of 7/26,
Proof of publication for
City Council proceed-
ings of 7/16. Upon
motion the documents
were received and
filed.
Notice of Claims and
Suits: Melissa and
Chad Driscoll for
property damage and
Spahn & Rose Lumber,
Co. vs. City of Dubuque
for property damage at
925 Kerper Blvd. Upon
motion the documents
were received, filed
and referred to the City
Attorney.
Disposition of Claims:
City Attorney advising
that the following
claims have been
referred to Public
Entity Risk Services of
Iowa, the agent for the
Iowa Communities
Assurance Pool:
Melissa Driscoll for
property damage.
Upon motion the
documents were
received, filed and
concurred.
U.S. Department of
Housing and Urban
Development (HUD):
Correspondence from
Yolanda Chaves, Depu-
ty Assistant Secretary
for Grant Programs
with HUD, requesting
that the City resolve all
open Community
and Botanical Gardens
thanking the City for
the grant that was
received through the
Dubuque Metropolitan
Area Solid Waste
Agency (DMASWA)
applied toward mater-
ials and labor of six
recycling bins. Upon
motion the document
was received and filed.
Sustainable Dubuque
Project Status Update:
City Manager submit-
ting the Sustainable
Dubuque Project
Status Update for July
2012. Upon motion the
documents were
received and filed.
5 Points Traffic Signal
Reconstruction Project
Rebid Award: City
Manager recommend-
ing bid award of the 5
Points Traffic Signal
Reconstruction Project
to the low bidder,
Portzen Construction.
Upon motion the
documents were
received and filed and
Resolution No. 216 -12
Awarding construction
contract for 5 Points
Traffic Signal Recon-
struction Rebid Project
was adopted.
Citizen Correspon-
dence - That's My Dog:
Correspondence from
Robin MacFarlane,
President of That's My
Dog, in favor of
repealing the ban on
dogs in City parks.
Upon motion the
documents were
received and filed.
Phase VI Historical/
Architectural Survey
and Evaluation Grant
Application: City Man-
ager recommending
approval of a State
Historic Preservation
Office for Historic
Resource Development
Program grant funds
application for the
Phase VI Historic/
Architectural Survey
and Evaluation. Upon
motion the documents
were received and filed
and Resolution No. 217-
12 Authorizing HRDP
Grant Application to
the State Historical
Society of Iowa for
Phase VI Historic/
Architectural Survey
and Evaluation was
adopted.
Dubuque County Multi -
Jurisdictional Hazard
Mitigation Plan: City
Manager recommend-
ing adoption of the
Dubuque County -Wide
Multi- Jurisdictional
Hazard Mitigation Plan,
as completed by the
East Central Inter-
governmental Associa-
tion. Upon motion the
documents were
received and filed and
Resolution No. 218 -12
Approving the adopt-
ing of the Dubuque
County Multi- Juris-
dictional Hazard
Mitigation Plan, and
requesting approval of
Plan at the federal
level was adopted.
Explosives Detection
K9 Acquisition: City
Manager recommend-
ing acquisition of an
explosives detection
K9. Upon motion the
documents were
received, filed, and
approved.
Human Rights Com-
mission: Commissioner
Kurt Hansen submit-
frontage for Lot 6.
Upon motion the
documents were
received and filed and
Resolution No. 219 -12
Approving the Final
Plat of Patricia Ann
Acres Subdivision No. 3
in the City of Dubuque,
Iowa, was adopted.
Smart Growth Devel-
opment Funding: City
Manager recommend-
ing that the City
contribute $2,000 from
the Economic Devel-
opment Department
Federal Initiatives
budget to statewide
Smart Growth Develop-
ment as they try to
improve the funding
levels for historic
rehabilitation projects.
Upon motion the
documents were
received, filed, and
approved.
AmeriCorps Partners
in Learning Grant
Award 12 -13 (Grant 12-
AC-13): City Manager
recommending appro-
val of the grant
agreement with the
Iowa Commission on
Volunteer Service for
the City of Dubuque
AmeriCorps Program.
Upon motion the
documents were
received, filed, and
approved.
2013 -2015 Towing
Contract - Recommen-
dation: City Manager
recommending the
award of the City of
Dubuque 2013- 2015
Towing Contract to
Burt Steve and Son
Garage, Inc. Restated
motion by Connors to
receive and file the
documents and ap-
prove the recommen-
dation. Seconded by
Lynch. Scott Kunde of
Wenzel Towing, 3195
Hughes Court, cited
several concerns he
had with the
evaluation process and
why he believed the
selected vendor did not
meet the required bid
criteria. Assistant
Police Chief Terry
Tobin responded to
questions from City
Council and explained
the selection commit-
tee's evaluation pro-
cess and reasoning.
Motion carried 7 -0.
Ramona Street -
Project Acceptance:
City Manager recom-
mending acceptance of
the public improve-
ment and authorization
of the final payment
for the Ramona Street
and Pamela Court
Panel Replacement
Project. Upon motion
the documents were
received and filed and
Resolution No. 220 -12
Accepting the Ramona
Street Panel Replace-
ment, from Mt. Loretta
to Adeline Street
Project, and author-
izing the payment of
the contract amount to
the contractor was
adopted.
Improvement Con-
tracts / Performance,
Payment and Main-
tenance Bonds: Tom
Kueter Construction,
Co., Inc. for Dubuque
Industrial Center South
Grading and Utilities
2012 Phase I Rebid.
Upon motion the
documents were
received and filed.
was received, filed,
and approved.
Business License
Refund: Request of
Michael Schmidt for a
refund of the liquor
license for Bowling &
Beyond in the amount
of $422.50. Upon
motion the documents
were received, filed,
and approved.
Alcohol License
Renewals: City Man-
ager recommending
approval of annual
liquor, beer, and wine
licenses as submitted.
Upon motion the
documents were
received and filed and
Resolution No. 221 -12
Approving applications
for beer, liquor, and /or
wine permits, as
required by City of
Dubuque Code of
Ordinances Title 4
Business and License
Regulations, Chapter 2
Liquor Control, Article
B Liquor, Beer and
Wine Licenses and
Permits was adopted.
ITEMS TO BE SET FOR
PUBLIC HEARING
Motion by Connors to
receive and file the
documents, adopt the
resolutions, set the
public hearings as
indicated, and direct
the City Clerk to
publish notice as
prescribed by law.
Seconded by Lynch.
Motion carried 7 -0.
SEP Green Alley
Project: City Manager
recommending that
public hearing be set
for September 4, 2012
to consider the
preliminary approval of
plans and specifi-
cations for the SEP
Green Al ey Project
(between Jackson and
Washington Streets
from 16th to 17th and
between Jackson and
White Streets from
17th to 18th). Upon
motion the documents
were received and filed
and Resolution No. 222-
12 Preliminary appro-
val of plans,
specifications, form of
contract, and esti-
mated cost; setting
date of public hearing
on plans, specifica-
tions, form of contract,
and estimated cost;
and ordering the
advertisement for bids
SEP Green Alley Project
(between Jackson and
Washington Streets
from 16th to 17th
Streets and between
Jackson and White
Streets from 17th to
18th Streets) was
adopted setting a
public hearing for a
meeting to commence
at 6:30 p.m. on
September 4, 2012 in
the Historic Federal
Building.
FedEx - Vacate of
Storm Sewer: City
Manager recommend-
ing that a public
hearing be set for
September 4, 2012 to
consider vacating a
Storm Sewer Easement
and Blanket Access
Easement - Lot 1
Dubuque Industrial
Center North Second
Addition. Upon motion
the documents were
received and filed and
Resolution No. 223 -12
Resolution of Intent to
vacate and dispose of
COMMISSIONS
Appointments made
at this meeting:
Airport Commission:
One 4 -year term
through September 14,
2016 (Expiring term of
Wagner). Applicants:
Amy Wagner, 4555
Camelot Dr.; Robert J.
Blocker, 880 Kane St.
Upon unanimous roll
call vote, Amy Wagner
was appointed to the
Airport Commission for
a 4 -year term through
September 14, 2016.
Historic Preservation
Commission: Three 3-
year terms: One
Architect term (vacant
term of Wand effective
September 1, 2012)
through July 1, 2014;
One At -Large term
(expired term of
Krueger) through July
1, 2015; One Cathedral
District term (vacant
interim term of Krey)
through July 1, 2014.
Applicants: Otto Krue-
ger, 2521 Wheatland
Drive; Julie Schlarman,
1599 Bluff St.; Benjamin
Beard, 1854 Churchill
St.; Christina Monk,
2005 North Main St..
Upon roll call vote Julie
Schlarman (Buol, Con-
nors, Resnick, Braig)
was appointed to the
Interim Cathedral His-
toric District position,
Otto Krueger (Buol,
Jones, Lynch, Sutton)
was appointed to the
At -Large Position, and
Christina Monk (Buol,
Connors, Jones, Lynch,
Resnick, Braig) was
appointed to the
Architect position.
Housing Commission:
Three 3 -year terms
through August 17,
2015 (Expiring terms of
Culbertson and Holz
and Vacant term of
Ronek).Applicants:Dor-
othy Culbertson, 2095
University Ave.; Anna
S. Fernandes, 2191
Broadlawn Rd.; and Jim
Holz, 3010 Indiana
Court. Motion by Con-
nors to appoint Doro-
thy Culbertson, Anna
Fernandes, and Jim
Holz to the Housing
Commission for 3 -year
terms through August,
17, 2015. Seconded by
Braig. Motion carried 7-0.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City
Council.
Sale of Property -
1777 Washington
Street: Proof of
publication on notice
of public hearing to
consider the sale of
property located at
1777 Washington
Street to Alberto Luna
and the City Manager
recommending appro-
val. Motion. by Braig to
receive and file the
documents and adopt
Resolution No. 224 -12
Approving the sale of
real estate located at
1777 Washington
Street, in the City of
Dubuque, Iowa.
Seconded by Jones.
Motion carried 7-0.
Sale of Property -
2312 Washington
Street: Proof of
publication on notice
of public hearing to
consider the sale of
property located at
2312 Washington
ing discussion to the
City Council.
ACTION ITEMS
Project HOPE Update:
Eric Dregne, Vice
President of Programs
for the Community
Foundation of Greater
Dubuque, provided a
slide presentation on
the activities of Project
HOPE. Motion by
Connors to receive and
file the information.
Seconded by Braig.
Motion carried 7 -0.
Meter District
Amendment - Historic
Millwork District (Sec-
ond Reading): City
Manager recommend-
ing approval of an
Ordinance expanding
the Downtown Meter
District to include
White Street from 5th
Street to llth 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, llth Street
both sides from White
Street to Elm Street,
Jackson Street both
sides from 8th Street to
llth Street, and
Washington Street
both sides from 8th
Street to llth Street.
Motion by Jones to
consider the second
reading of a proposed
ordinance amending
City of Dubuque Code
of Ordinances Title 9
Motor Vehicles and
Traffic, Chapter 14
Parking, Section 9 -14-
321.666 Municipal Park-
ing Meter District
Established by Expand-
ing the Downtown
Meter District. Sec-
onded by Braig.
Resnick stated that he
believes the City will
be reasonable with the
service and install
meters only as
development dictates.
Motion carried 5 -2 with
Lynch and Sutton
voting nay.
Dubuque Peace and
Justice: Correspon-
dence from Richard
Fischer of Dubuque
Peace and Justice
requesting the City of
Dubuque apply for
membership in Mayors
for Peace, which
supports the abolition
of nuclear weapons by
August 6, 2020. Motion
by Connors to receive
and file the documents
and accept the
invitation to apply for
membership. Seconded
by Braig. Richard
Fischer of Dubuque
Peace and Justice, 656
Molony Road, Bernard,
spoke regarding the
mission of the Mayor
for Peace. Motion
carried 7 -0.
Social Host Ordinance
Amendment: City Man-
ager recommending
the addition of a
reference to City Code
Section 1 -4 -1 to the
ordinance allowing for
a criminal penalty for
violations of the
ordinance. Motion by
Connors to receive and
file the documents and
that the requirement
that a proposed
ordnance be con-
sidered and voted on
for passage at two
Council meetings prior
new Article E, Social
Host Responsibility,
clarifying the definition
of Social Host as
defined in Section 7 -5E-
2 and establishing that
a violation of Section 7-
5E-4 is a Municipal
Infraction or Misde-
meanor. Seconded by
Resnick. Motion car-
ried 7 -0.
Control of Vehicle
Ordinance Amend-
ment: City Manager
recommending City
Code Section 9 -7-
321.288 Control of
Vehicle be amended so
that the word "bridge"
will be deleted from
Section B3 and the
designation "road work
zone," will replace
descriptive terminol-
ogy in Section B6
making the ordinance
consistent with State
Code. Motion by
Connors to receive and
file the documents and
that the requirement
that a proposed
ordinance be consi-
dered and voted on for
passage at two Council
meetings prior to the
meeting at which it is
to be passed be
suspended. Seconded
by Jones. Motion
carried 7 -0.
Motion by Connors for
final consideration and
passage of Ordinance
No. 47 -12 Amending
Cty of Dubuque Code
of Ordinances Title 9
Motor Vehic es and
Traffic, Chapter 7 Oper-
ation, Section 9 -7 -321.
288 Control of Vehicle
to mirror the Iowa
Code revision which
removes bridge from
B(3) and modifies the
provision on construc-
tion to use road work
zone for consistency as
a term defined by the
Iowa Code. Seconded
by Braig. Motion
carried 7 -0.
Dubuque Metropol-
itan Area Solid Waste
Agency Landfill Cell #9
Project: City Manager
recommending sche-
duling a City Council
work session for
September 17, 2012, at
4:30 p.m. to tour the
Dubuque Metropolitan
Area Solid Waste
Agency Landfill Cell #9
Project. Motion by
Braig to receive and
file the documents and
set the the work ses-
sion as recommended.
Seconded by Jones.
Motion carried 7 -0.
CLOSED SESSION
Motion by Jones to
convene in closed
session at 7:47 p.m.
regarding pending
litigation and property
acquisition pursuant to
Chapter 21.5(1)(c)(j)
Code of Iowa.
Seconded by Braig.
Motion carried 7 -0.
Upon motion, the City
Council reconvened in
open session at 7:55
p.m. stating that staff
had been given proper
direction.
There being no
further business, upon
motion the City Council
adjourned at 7:56 p.m.
Kevin S. Firnstahl,
CMC, City Clerk
1t 8/29
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald,a newspaper of general circulation
published in the City of Dubuque, County of Dubuque and State of Iowa; hereby
certify that the attached notice was published in said newspaper on the following
dates: August 29, 2012, and for which the charge is $270.83.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this jeqv day of , 20 / .
Notary Public in and for Dubuque County, Iowa.
MARY K. WISTL I`1MEYER
Commlujon MiT9)np 144110
I Hi-d
CITY OF DUBUQUE,
IOWA
CITY COUNCIL
PROCEEDINGS
SPECIAL SESSION
The Dubuque City
Council met in special
session at 4:30 p.m. on
August 20, 2012 at the
Water & Resource
Recovery Center, 795
Julien Dubuque Drive.
Present: Mayor Buol;
Council Members
Braig, Lynch, Sutton;
C ty Manager Van
Milligen. Council
Members Jones and
Resnick, and City
Attorney Lindahl joined
at 4:40 p.m.
Absent: Council
Member Connors
Mayor Buol read the
call and stated this is a
special session of the
City Council called for
the purpose of
conducting a work
session tour of the
Water & Resource
Recovery Center
Renovation Project.
WORK SESSION
Tour - Water &
Resource Recovery
Center
Water & Resource
Recovery Center Man-
ager Jonathon Brown
and Adam Klass of
Unison Solutions pro-
vided a tour of portions
of the interior and
exterior areas of the
W &RRC and provided
an overview of the
functions of each area.
Highlights included the
laboratory, recovered
waste water used for
the heating /cooling
system and the
anaerobic digester and
methane gas pro-
cessing systems.
There being no
further business, upon
motion the City Council
adjourned at 5:15 p.m.
Kevin S. Firnstahl,
CMC, City Clerk
1t 8/29
CITY OF DUBUQUE,
IOWA
CITY COUNCIL •
PROCEEDINGS
REGULAR SESSION
The Dubuque City
Council met in regular
session at 6:30 p.m. on
August 20, 2012 in the
Historic Federal Build-
ing, 350 W. 6th Street.
Present: Mayor Buol;
Council Members Braig
(joined at 6:36 p.m.).
Connors, Jones, Lynch,
Resnick, Sutton; City
Manager Van Milligen,
City Attorney Lindahl
Mayor Buol read the
call and stated this is a
regular session of the
City Council called for
the purpose of con-
ducting such business
that may properly
come before the
Council.
PLEDGE OF
ALLEGIANCE
MOMENT OF SILENCE
PROCLAMATIONS
Irish Hooley Day
(August 25, 2012) was
accepted by Mayor
Buol; Civic Awareness
Month (September
2012) was accepted by
Mayor Buol; Life Insur-
ance Awareness Month
(September 2012) was
accepted by Ron
McDonald of Bradley
Beck & McDonald and
the Dubuque Associa-
tion of Insurance and
Financial Advisors; and
Rod Bremer of North-
western Mutual Life
Insurance Company;
United Way Campaign
Time (September 2012)
was accepted by
Campaign Co -Chair
Judy Wolf, 215 W. 6th
Street.
PRESENTATION
City Manager Van
Milligen introduced
Alvin Nash, the newly
appointed Housing and
Community Develop -
mentDepartmentDirec-
tor. Mr. Nash spoke
regarding his back-
ground and qualifica-
tions.
CONSENT ITEMS
Motion by Lynch to
receive and file the
documents, adopt the
resolutions, and dis-
pose of as indicated.
Seconded by Resnick.
Scott Kunde of Wenzel
Towing, 3195 Hughes
Court requested ( #16)
2013 -2015 Towing Con-
tract Recommendation
be held for separate
discussion. Motion car-
ried 7 -0.
Minutes and Reports
Submitted: Arts and
Cultural Affairs Advi-
sory Commission of
6/26, City Council
proceedings of 8/6,
Investment Oversight
Advisory Commission
of 7/25, Library Board
of Trustees of 6/8, Park
and Recreation Advi-
sory Commission of
12/13/11 through
7/10/12 and Work
Session of 7/24, Zoning
Advisory Commission
of 8/1, Zoning Board of
Adjustment of 7/26,
Proof of publication for
City Council proceed-
ings of 7/16. Upon
motion the documents
were received and
filed.
Notice of Claims and
Suits: Melissa and
Chad Driscoll for
property damage and
Spahn & Rose Lumber,
Co. vs. City of Dubuque
for property damage at
925 Kerper Blvd. Upon
motion the documents
were received, filed
and referred to the City
Attorney.
Disposition of Claims:
City Attorney advising
that the following
claims have been
referred to Public
Entity Risk Services of
Iowa, the agent for the
Iowa Communities
Assurance Pool:
Melissa Driscoll for
property damage.
Upon motion the
documents were
received, filed and
concurred.
U.S. Department of
Housing and Urban
Development (HUD):
Correspondence from
Yolanda Chaves, Depu-
ty Assistant Secretary
for Grant Programs
with HUD, requesting
that the City resolve all
open Community
Development Block
Grant (CDBG) activities
as identified in the
Inspector General's
2011 audit of the CDBG
program. Upon motion
the documents were
received, filed and
referred to the City
Manager.
Dubuque Arboretum
and Botanical Gardens:
Correspondence from
Jack Frick, Board
President of the
Dubuque Arboretum
and Botanical Gardens
thanking the City for
the grant that was
received through the
Dubuque Metropolitan
Area Solid Waste
Agency (DMASWA)
applied toward mater-
ials and labor of six
recycling bins. Upon
motion the document
was received and filed.
Sustainable Dubuque
Project Status Update:
City Manager submit-
ting the Sustainable
Dubuque Project
Status Update for July
2012. Upon motion the
documents were
received and filed.
5 Points Traffic Signal
Reconstruction Project
Rebid Award: City
Manager recommend-
ing bid award of the 5
Points Traffic Signal
Reconstruction Project
to the low bidder,
Portzen Construction.
Upon motion the
documents were
received and filed and
Resolution No. 216 -12
Awarding construction
contract for 5 Points
Traffic Signal Recon-
struction Rebid Project
was adopted.
Citizen Correspon-
dence - That's My Dog:
Correspondence from
Robin MacFarlane,
President of That's My
Dog, in favor of
repealing the ban on
dogs in City parks.
Upon motion the
documents were
received and filed.
Phase VI Historical/
Architectural Survey
and Evaluation Grant
Application: City Man-
ager recommending
approval of a State
Historic Preservation
Office for Historic
Resource Development
Program grant funds
application for the
Phase VI Historic/
Architectural Survey
and Evaluation. Upon
motion the documents
were received and filed
and Resolution No. 217-
12 Authorizing HRDP
Grant Application to
the State Historical
Society of Iowa for
Phase VI Historic/
Architectural Survey
and Evaluation was
adopted.
Dubuque County Multi -
Jurisdictional Hazard
Mitigation Plan: City
Manager recommend-
ing adoption of the
Dubuque County -Wide
Multi - Jurisdictional
Hazard Mitigation Plan,
as completed by the
East Central Inter-
governmental Associa-
tion. Upon motion the
documents were
received and filed and
Resolution No. 218 -12
Approving the adopt-
ing of the Dubuque
County Multi- Juris-
dictional Hazard
Mitigation Plan, and
requesting approval of
Plan at the federal
level was adopted.
Explosives Detection
K9 Acquisition: City
Manager recommend-
ing acquisition of an
explosives detection
K9. Upon motion the
documents were
received, filed, and
approved.
Human Rights Com-
mission: Commissioner
Kurt Hansen submit-
ting his resignation
from the Human Rights
Commission. Upon
motion the document
was received, filed and
the resignation
accepted.
Final Plat - Patricia
Ann Acres Subdivision
No. 3: Zoning Advisory
Commission recom-
mending approval of
the Final Plat of
Patricia Ann Acres
Subdivision No. 3
subject to waiving lot
frontage for Lot 6.
Upon motion the
documents were
received and filed and
Resolution No. 219 -12
Approving the Final
Plat of Patricia Ann
Acres Subdivision No. 3
in the City of Dubuque,
Iowa, was adopted.
Smart Growth Devel-
opment Funding: City
Manager recommend-
ing that the City
contribute $2,000 from
the Economic Devel-
opment Department
Federal Initiatives
budget to statewide
Smart Growth Develop-
ment as they try to
improve the funding
levels for historic
rehabilitation projects.
Upon motion the
documents were
received, filed, and
approved.
AmeriCorps Partners
in Learning Grant
Award 12 -13 (Grant 12-
AC-13): C'ty Manager
recommending appro-
val of the grant
agreement with the
Iowa Commission on
Volunteer Service for
the City of Dubuque
AmeriCorps Program.
Upon motion the
documents were
received, filed, and
approved.
2013 -2015 Towing
Contract - Recommen-
dation: City Manager
recommending the
award of the City of
Dubuque 2013- 2015
Towing Contract to
Burt Steve and Son
Garage, Inc. Restated
motion by Connors to
receive and file the
documents and ap-
prove the recommen-
dation. Seconded by
Lynch. Scott Kunde of
Wenzel Towing, 3195
Hughes Court, cited
several concerns he
had with the
evaluation process and
why he believed the
selected vendor did not
meet the required bid
criteria. Assistant
Police Chief Terry
Tobin responded to
questions from City
Council and explained
the selection commit-
tee's evaluation pro-
cess and reasoning.
Motion carried 7 -0.
Ramona Street -
Project Acceptance:
City Manager recom-
mending acceptance of
the public improve-
ment and authorization
of the final payment
for the Ramona Street
and Pamela Court
Panel Replacement
Project. Upon motion
the documents were
received and filed and
Resolution No. 220 -12
Accepting the Ramona
Street Panel Replace-
ment, from Mt. Loretta
to Adeline Street
Project, and author-
izing the payment of
the contract amount to
the contractor was
adopted.
Improvement Con-
tracts / Performance,
Payment and Main-
tenance Bonds: Tom
Kueter Construction,
Co., Inc. for Dubuque
Industrial Center South
Grading and Utilities
2012 Phase I Rebid.
Upon motion the
documents were
received and filed.
University of Dubuque
"Light Up Chalmers" -
2012 Fireworks Re-
quest: Correspondence
from Ross Salwolke,
Security Officer for The
University of Dubuque,
requesting permission
to conduct a fireworks
display on September
1, 2012 starting at ap-
proximately 9:25 p.m.
on the baseball field at
the south point of the
left field line. Upon
motion the document
was received, filed,
and approved.
Business License
Refund: Request of
Michael Schmidt for a
refund of the liquor
license for Bowling &
Beyond in the amount
of $422.50. Upon
motion the documents
were received, filed,
and approved.
Alcohol License
Renewals: City Man-
ager recommending
approval of annual
liquor, beer, and wine
licenses as submitted.
Upon motion • the
documents were
received and filed and
Resolution No. 221 -12
Approving applications
for beer, liquor, and /or
wine permits, as
required by City of
Dubuque Code of
Ordinances Tit e 4
Business and L cense
Regulations, Chapter 2
Liquor Control, Article
B Liquor, Beer and
Wine Licenses and
Permits was adopted.
ITEMS TO BE SET FOR
PUBLIC NEARING
Motion by Connors to
receive and file the
documents, adopt the
resolutions, set the
public hearings as
indicated, and direct
the City Clerk to
publish notice as
prescribed by law.
Seconded by Lynch.
Motion carried 7 -0.
SEP Green Alley
Project: City Manager
recommending that
public hearing be set
for September 4, 2012
to consider the
preliminary approval of
plans and specifi-
cations for the SEP
Green Alley Project
(between Jackson and
Washington Streets
from 16th to 17th and
between Jackson and
White Streets from
17th to 18th). Upon
motion the documents
were received and filed
and Resolution No. 222-
12 Preliminary appro-
val of plans,
specifications, form of
contract, and esti-
mated cost; setting
date of public hearing
on plans, specifica-
tions, form of contract,
and estimated cost;
and ordering the
advertisement for bids
SEP Green Alley Project
(between Jackson and
Washington Streets
from 16th to 17th
Streets and between
Jackson and White
Streets from 17th to
18th Streets) was
adopted setting a
public hearing for a
meeting to commence
at 6:30 p.m. on
September 4, 2012 in
the Historic Federal
Building.
FedEx - Vacate of
Storm Sewer: City
Manager recommend-
ing that a public
hearing be set for
September 4, 2012 to
consider vacating a
Storm Sewer Easement
and Blanket Access
Easement - Lot 1
Dubuque Industrial
Center North Second
Addition. Upon motion
the documents were
received and filed and
Resolution No. 223 -12
Resolution of Intent to
vacate and dispose of
City interest in storm
sewer and access
easements over and
across a part of Lot 1 of
Dubuque Industrial
Center North Second
Addition in the City of
Dubuque, Iowa, was
adopted setting a
public hearing for a
meeting to commence
at 6:30 p.m. on
September 4, 2012 in
the Historic Federal
Building.
BOARDS/
COMMISSIONS
Appointments made
at this meeting:
Airport Commission:
One 4 -year term
through September 14,
2016 (Expiring term of
Wagner). Applicants:
Amy Wagner, 4555
Camelot Dr.; Robert J.
Blocker, 880 Kane St.
Upon unanimous Toll
call vote, Amy Wagner
was appointed to the
Airport Commission for
a 4 -year term through
September 14, 2016.
Historic Preservation
Commission: Three 3-
year terms: One
Architect term (vacant
term of Wand effective
September 1, 2012)
through July 1, 2014;
One At -Large term
(expired term of
Krueger) through July
1, 2015; One Cathedral
District term (vacant
interim term of Krey)
through July 1, 2014.
Applicants: Otto Krue-
ger, 2521 Wheatland
Drive; Julie Schlarman,
1599 Bluff St.; Benjamin
Beard, 1854 Churchill
St.; Christina Monk,
2005 North Main St..
Upon roll call vote Julie
Schlarman (Buol, Con-
nors, Resnick, Braig)
was appointed to the
Interim Cathedral His-
toric District position,
Otto Krueger (Buol,
Jones, Lynch, Sutton)
was appointed to the
At -Large Position, and
Christina Monk (Buol,
Connors, Jones, Lynch,
Resnick, Braig) was
appointed to the
Architect position.
Housing Commission:
Three 3 -year terms
through August 17,
2015 (Expiring terms of
Culbertson and Holz
and Vacant term of
Ronek).Applicants:Dor-
othy Culbertson, 2095
University Ave.; Anna
S. Fernandes, 2191
Broadlawn Rd.; and Jim
Holz, 3010 Indiana
Court. Motion by Con-
nors to appoint Doro-
thy Culbertson, Anna
Fernandes, and Jim
Holz to the Housing
Commission for 3 -year
terms through August,
17, 2015. Seconded by
Braig. Motion carried 7 -0.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City
Council.
Sale of Property -
1777 Washington
Street: Proof of
publication on notice
of public hearing to
consider the sale of
property located at
1777 Washington
Street to Alberto Luna
and the City Manager
recommending appro-
val. Motion. by Braig to
receive and file the
documents and adopt
Resolution No. 224 -12
Approving the sale of
real estate located at
1777 Washington
Street, in the City of
Dubuque, Iowa.
Seconded by Jones.
Motion carried 7 -0.
Sale of Property -
2312 Washington
Street: Proof of
publication on notice
of public hearing to
consider the sale of
property located at
2312 Washington
Street to Jude E. Root
and the City Manager
recommending appro-
val. Motion by Connors
to receive and file the
documents and adopt
Resolution No. 225 -12
Approving the sale of
real estate located at
2312 Washington
Street, in the City of
Dubuque, Iowa. Sec-
onded by Braig. Motion
carried 7 -0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
Project HOPE Update:
Eric Dregne, Vice
President of Programs
for the Community
Foundation of Greater
Dubuque, provided a
slide presentation on
the activities of Project
HOPE. Motion by
Connors to receive and
file the information.
Seconded by Braig.
Motion carried 7 -0.
Meter District
Amendment - Historic
Millwork District (Sec-
ond Reading): City
Manager recommend-
ing approval of an
Ordinance expanding
the Downtown Meter
District to include
White Street from 5th
Street to llth 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, llth Street
both sides from White
Street to Elm Street,
Jackson Street both
sides from 8th Street to
llth Street, and
Washington Street
both sides from 8th
Street to llth Street.
Motion by Jones to
consider the second
reading of a proposed
ordinance amending
City of Dubuque Code
of Ordinances Title 9
Motor Vehicles and
Traffic, Chapter 14
Parking, Section 9 -14-
321.666 Municipal Park-
ing Meter District
Established by Expand-
ing the Downtown
Meter District. Sec-
onded by Braig.
Resnick stated that he
believes the City will
be reasonable with the
service and install
meters only as
development dictates.
Motion carried 5 -2 with
Lynch and Sutton
voting nay.
Dubuque Peace and
Justice: Correspon-
dence from Richard
Fischer of Dubuque
Peace and Justice
requesting the City of
Dubuque apply for
membership in Mayors
for Peace, which
supports the abolition
of nuclear weapons by
August 6, 2020. Motion
by Connors to receive
and file the documents
and accept the
invitation to apply for
membership. Seconded
by Braig. Richard
Fischer of Dubuque
Peace and Justice, 656
Molony Road, Bernard,
spoke regarding the
mission of the Mayor
for Peace. Motion
carried 7 -0.
Social Host Ordinance
Amendment: City Man-
ager recommending
the addition of a
reference to City Code
Section 1 -4 -1 to the
ordinance allowing for
a criminal penalty for
violations of the
ordinance. Motion by
Connors to receive and
fle the documents and
that the requirement
that a proposed
ordinance be con-
sidered and voted on
for passage at two
Council meetings prior
to the meeting at
which it is to be passed
be suspended. Sec-
onded by Resnick.
Motion carried 7 -0.
Motion by Connors for
final consideration and
passage of Ordinance
No. 46 -12 Amending
Ordinance 45 -12 which
amended City of
Dubuque Code of
Ordinances Title 7
Police, Fire and Public
Safety, Chapter 5
Offenses by adding a
new Article E, Social
Host Responsibility,
clarifying the definition
of Social Host as
defined in Section 7 -5E-
2 and establishing that
a violation of Section 7-
5E-4 is a Mun cipal
Infraction or Misde-
meanor. Seconded by
Resnick. Motion car-
ried 7 -0.
Control of Vehicle
Ordinance Amend-
ment City Manager
recommending City
Code Section 9 -7-
321.288 Control of
Vehicle be amended so
that the word "bridge"
will be deleted from
Section B3 and the
designation "road work
zone," will replace
descriptive terminol-
ogy in Section B6
making the ordinance
consistent with State
Code. Motion by
Connors to receive and
f' le the documents and
that the requirement
that a proposed
ordinance be consi-
dered and voted on for
passage at two Council
meet ngs prior to the
meet ng at which it is
to be passed be
suspended. Seconded
by Jones. Motion
carried 7 -0.
Motion by Connors for
final consideration and
passage of Ordinance
No. 47 -12 Amending
City of Dubuque Code
of Ordinances Title 9
Motor Vehicles and
Traffic, Chapter 7 Oper-
ation, Section 9 -7 -321.
288 Control of Vehicle
to mirror the Iowa
Code revision which
removes bridge from
B(3) and modifies the
provision on construc-
tion to use road work
zone for consistency as
a term defined by the
Iowa Code. Seconded
by Braig. Motion
carried 7 -0.
Dubuque Metropol-
itan Area Solid Waste
Agency Landfill Cell #9
Project: City Manager
recommending sche-
duling a City Council
work session for
September 17, 2012, at
4:30 p.m. to tour the
Dubuque Metropolitan
Area Solid Waste
Agency Landfill Cell #9
Project. Motion by
Braig to receive and
file the documents and
set the the work ses-
sion as recommended.
Seconded by Jones.
Motion carried 7 -0.
CLOSED SESSION
Motion by Jones to
convene in closed
session at 7:47 p.m.
regarding pending
litigation and property
acquisition pursuant to
Chapter 21.5(1)(c)(j)
Code of Iowa.
Seconded by Braig.
Motion carried 7 -0.
Upon motion, the City
Council reconvened in
open session at 7:55
p.m. stating that staff
had been given proper
direction.
There being no
further business, upon
motion the City Council
adjourned at 7:56 p.m.
Kevin 5. Firnstahl,
CMC, City Clerk
It 8/29
STATE OF II
DUBUQUE (
CER]
I, Suzanne Pike, a Bil
corporation, publishe
published in the City
certify that the attach
dates: August 29, 201
Subscribed to before
this j,,, day o