Minutes_City Council Proceedings 3 18 13CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on March 18, 2013 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick,
Sutton; Assistant City Manager Cindy Steinhauser, 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
May the spirit of wisdom keep our hearts and minds open as we endeavor to serve
the common good.
PROCLAMATION(S)
Fair Housing Month (April 2013);
Family and Medical Leave Act 20th Anniversary; and
Women's History Month (March 2013) were accepted by R.S.S. Stewart, Vice
Chairperson of the Human Rights Commission.
CONSENT ITEMS
Motion by Connors to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Jones. Motion carried 7 -0.
Minutes and Reports Submitted: Cable TV Commission of 2/6; City Council
Proceedings of 2/28 and 3/4; Historic Preservation Education Task Force of 3/7; Library
Board of Trustees of 1/24 and 2/11; Library Board of Trustees Update of 2/28;
Mechanical Code Board of 3/7; Park & Recreation Commission of 2/12; Safe
Community Advisory Committee of 1/9; Zoning Advisory Commission of 3/6; Zoning
Board of Adjustment of 2/28; Proof of Publication for City Council Proceedings of 2/18;
2/19, 2/21, 2/25, 2/26, 2/27, and 2/28. Upon motion the documents were received and
filed.
Notice of Claims and Suits: Carla Olivarez for vehicle damage, Robert Sarazin for
property damage, Donna Schmitt for vehicle damage, Bart Weiden 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: Carla Olivarez for vehicle damage, Bart Wieden for vehicle damage.
Upon motion the documents were received, filed and concurred.
State of Iowa - Old Highway Road Acceptance of Easements: City Manager
recommending acceptance of a Watermain, Fiber Optic Lines and Appurtenances
Easement from the State of Iowa for existing watermain and fiber optic lines along the
northerly right -of -way line of Old Highway Road near Radford Road. Upon motion the
documents were received and filed and Resolution No. 82 -13 Accepting the grant of an
easement for watermain, fiber optic lines and appurtenances through, under and across
a part of Lot 2 -1 and Lot 2 -1 -A all in the SE 1/4 - SW 1/4 Section 29, T89N, R2E, 5th P.M.
in the City of Dubuque, Dubuque County, Iowa, was adopted.
Acceptance of Deed - 735 Caledonia Place: City Manager recommending
acceptance of the deed for 735 Caledonia Place from the James P. Lammer Estate.
Upon motion the documents were received and filed and Resolution No. 83 -13
Accepting the deed to certain real estate in Dubuque County, Iowa, from James P.
Lammer Estate was adopted.
Homelessness Prevention and Rapid Re- Housing Program - Grant Close Out: City
Manager recommending approval for the Mayor to sign the grant closeout certification
and other required documentation to close out the Homelessness Prevention and Rapid
Re- Housing Program (HPRP) grant the City received in 2009. Upon motion the
documents were received and filed and Resolution No. 84 -13 Authorizing execution of a
Homelessness Prevention and Rapid Re- Housing (HPRP) Grantee Closeout
Certification with the U.S. Department of Housing and Urban Development was
adopted.
Iowa DOT - Railroad Grade Crossing Repair Agreement at East 14th Street: City
Manager recommending approval of the State of Iowa Federal -Aid Grade Crossing
Surface Repair Agreement for the construction of surface improvements at the East
14th Street railroad grade crossing. Upon motion the documents were received and filed
and Resolution No. 85 -13 Approving State of Iowa Federal -Aid Grade Crossing Surface
Repair Agreement for the construction of surface improvements at the railroad crossing
located at East 14th Street (Agreement 376125P) was adopted.
Federal Emergency Management Agency (FEMA) - Flood Insurance Rate Map
Changes: City Manager transmitting correspondence from the Federal Emergency
Management Agency (FEMA) regarding revisions to five panels of the City's Flood
Insurance Rate Maps (FIRM) along the City's riverfront. Upon motion the documents
were received and filed.
Plat of Survey - Littleton and Sawyer's Subdivision, Plat 2: Zoning Advisory
Commission recommending approval of the Plat of Survey Littleton and Sawyer's
Subdivision Plat 2 subject to waiving the lot frontage requirements for Lots 1 and 2 as
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requested by MK Properties, LLC. Upon motion the documents were received and filed
and Resolution No. 86 -13 Approving the Plat of Survey Littleton and Sawyer's
Subdivision, Plat 2 in the City of Dubuque, Iowa, was adopted.
AmeriCorps Program - Clerical Assistant: City Manager recommending approval for
the continuation of a Clerical Assistant under the AmeriCorps Partners in Learning
Grant. Upon motion the documents were received, filed and approved.
Asbestos Survey and Monitoring of Abatement - Old Mill and Mason Roads: City
Manager recommending approval of the award to Carno ATC for 35 samples and all
required reports related to Asbestos Survey and Monitoring of Abatement for the flood -
damaged properties at 1711 Old Mill Road and 1654 Manson Road. Upon motion the
documents were received, filed and approved.
PEG Capital Expenditure Request: City Manager recommending approval of the
Cable TV Commission recommendations for funding from the Public, Educational, and
Government (PEG) Capital Grant for Access Equipment and Facilities up to $200 for
Mediacom to purchase a video demodulator to improve the signal quality of the Mercy
Mass video feed. Upon motion the documents were received, filed and approved.
Old House Enthusiasts - Grant Application: City Manager recommending approval for
the Historic Preservation Commission to apply for a $1,500 grant from the Old House
Enthusiasts for digitizing historic City Directories. Upon motion the documents were
received, filed and approved.
U.S. Housing and Urban Development - Sequestration Correspondence: City
Manager transmitting two letters from the U.S. Department of Housing and Urban
Development (HUD) concerning the effects of the Sequestration budget on the
programs of the Housing and Community Development Department. Upon motion the
documents were received and filed.
Urban Youth Corps Grant: City Manager recommending approval of the Urban Youth
Corps Grant application to the Iowa Department of Transportation for hiring three 16 to
21- year -old youths to work specific tasks in the park system this summer. Upon motion
the documents were received, filed and approved.
Dubuque Water Sports Club - Lease Approval: City Manager recommending
approval of the annual lease with the Dubuque Water Sports Club (formerly Dubuque
Water Ski Club) for a section of Schmitt Island. Upon motion the documents were
received, filed and approved.
Dubuque Metropolitan Area Solid Waste Agency (DMASWA): Correspondence from
the Board of Directors of the Dubuque Metropolitan Area Solid Waste Agency informing
the City that the DMASWA has voted to extend its Waste Delivery Contract for an
additional year commencing July 1, 2013 through June 30, 2014. Upon motion the
documents were received and filed.
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Interstate Power and Light Company Power Purchase Agreement: City Manager
recommending approval of a Power Purchase Agreement between the City of Dubuque
and Interstate Power and Light Company. Upon motion the documents were received,
filed and approved.
Request for Proposal - Water & Recourse Recovery Center Energy Management
Consulting: City Manager recommending approval to distribute a Request for Proposal
for a consultant to optimize energy use by the Water & Resource Recovery Center's
new industrial equipment and for Energy Star commissioning of the administration
building. Upon motion the documents were received, filed and approved.
Iowa DOT Emergency Detour Agreement - Catfish Creek Bridge Replacement: City
Manager recommending approval for the Mayor to execute an agreement with the Iowa
Department of Transportation for the use of local roads as an authorized emergency
detour route for US 52/61/151 improvements and Catfish Creek Bridge Replacement
Project. Upon motion the documents were received and filed and Resolution No. 87 -13
Approving the Iowa Department of Transportation Agreement for Use of Local Agency
Roads as an Emergency Detour route for US 52/61/151 Improvements and Catfish
Creek Bridge Replacement Project 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 Fisher Lanes, 880 Locust Street. Upon motion the
documents were received, filed and approved.
Alcohol Compliance Civil Penalty for Alcohol License Holders - Happy Joe's Old
Fashioned Ice Cream & Pizza Parlor: City Manager recommending approval of the
Acknowledgment /Settlement Agreement for an alcohol compliance violation for Happy
Joe's, Old Fashioned Ice Cream & Pizza Parlor, 855 Century Drive. Upon motion the
documents were received, filed and approved.
Alcohol Compliance Civil Penalty for Alcohol License Holders - Salsa's Mexican
Restaurant: City Manager recommending approval of the Acknowledgment /Settlement
Agreement for an alcohol compliance violation for Salsa's Mexican Restaurant, 1091
Main Street. Upon motion the documents were received, filed and approved.
Business License Refunds: Request by Ric Worcester from Off Minor for a refund of
a liquor license in the amount of $422.50. Request by Bandana's Missouri, LLC from
Bandana's Bar -B -Q for a refund of a liquor license in the amount of 168.75. Upon
motion the documents were received, filed and approved.
Alcohol License Applications: City Manager recommending approval of annual liquor,
beer, and wine licenses as submitted. Upon motion the documents were received and
filed and Resolution No. 88 -13 Approving applications for beer, liquor, and /or wine
permits, as required by City of Dubuque Code of Ordinances Title 4 Business and
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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 Braig. Motion carried 7 -0.
Weaver Castle, LLC - Development Agreement for 324 -326 W. Locust Street: City
Manager recommending that a public hearing be set for April 1, 2013, to approve a
Development Agreement with Weaver Castle, LLC to redevelop property located at 324-
326 W. Locust Street into four apartments. Upon motion the documents were received
and filed and Resolution No. 89 -13 Fixing the date for a public hearing of the City
Council of the City of Dubuque, Iowa, on the proposed issuance of Urban Renewal Tax
Increment Revenue Obligations and the execution of a Development Agreement
relating thereto with Weaver Castle, LLC, and providing for the publication of notice
thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on
April 1, 2013 in the Historic Federal Building.
Request to Vacate University Avenue Extension - MRJD Properties: City Manager
recommending approval of a request by MRJD Properties to vacate portion of University
Avenue Extension adjacent to Iowa Auto Glass at 2796 University Avenue and that a
public hearing be set for April 1, 2013 on the disposal of this property. Upon motion the
documents were received and filed and Resolution No. 90 -13 Resolution of Intent to
vacate and dispose of City interest in Lot 2A University Avenue Extension Place in the
City of Dubuque, Iowa, was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on April 1, 2013 in the Historic Federal Building.
BOARDS /COMMISSIONS
Review of application to the following board /commission:
Civil Service Commission: 1 three -year term through April 6, 2017 (Expiring term of
White). Applicant: Daniel White, 2919 Elm Street.
PUBLIC HEARINGS
30 -Inch Force Main Project Phase I (9th - 11th Streets): City Manager recommending
rescinding Resolution No. 78 -13, which will cancel the public bidding process for Phase
I of the 30 Inch Force Main Relocation Project from 9th Street to 11th Street and re-
initiate the project at a future City Council meeting once the plans and specifications
have been updated to reflect the new scope of work. Motion by Lynch to receive and file
the documents and adopt Resolution No. 91 -13 Rescinding Resolution No. 78 -13,
Approving preliminary plans, specifications, form of contract and estimated cost; setting
date of public hearing on plans, specifications, form of contract and estimated cost; and
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ordering the advertisement of bids for phase I of the 30 Inch Force Main Relocation
Project from 9th Street to 11th Street. Seconded by Jones. Motion carried 7 -0.
Petition to Vacate - University Avenue Extension: City Manager recommending
rescission of Resolution No. 74 -13, resulting in the cancellation of the intent to vacate
and dispose of City interest to Dubuque Mattress, Inc. for the vacating petition of
University Avenue Extension. Motion by Lynch to receive and file the documents and
adopt Resolution No. 92 -13 Rescinding Resolution No. 74 -13 Intent to Vacate and
Dispose of City Interest in Lot 2A University Extension Place. Seconded by Jones.
Motion carried 7 -0.
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Request to Vacate - Sanitary Sewer Easement at University Extension Place: Proof
of publication on notice of public hearing to consider a request by Douglas Dotter of
Dubuque Mattress, Inc., to dispose of city interest in a sanitary sewer easement over
Lot 2 University Extension Place and the City Manager recommending approval. Motion
by Connors to receive and file the documents and adopt Resolution No. 93 -13
Disposing of City Interest in a sanitary sewer easement in Lot 2 University Extension
Place in the City of Dubuque, Iowa. Seconded by Jones. Motion carried 7 -0.
SEP Green Alley Permeable Pavers Project - Loras Boulevard and Arlington Streets
from Prairie Street to Dell Street: Proof of publication on notice of public hearing to
approve plans, specifications, form of contract, and estimated cost for the SEP Green
Alley Permeable Paver Project (Between Loras Boulevard and Arlington Streets from
Prairie Street to Dell Street) and the City Manager recommending approval. Motion by
Lynch to receive and file the documents and adopt Resolution No. 94 -13 Approval of
plans, specifications, form of contract, and estimated cost for SEP Green Alley
Permeable Paver Project (Between Loras Boulevard and Arlington Streets from Prairie
Street to Dell Street). Seconded by Braig. City Engineer Gus Psihoyos responded to
questions regarding the concrete makeup of the pavers and used in the perimeter
framing and steep grade areas. Motion carried 7 -0.
Unified Development Code Text Amendment Articles 5 & 14: Parks and Parking:
Proof of publication on notice of public hearing to consider a request by the City of
Dubuque to amend Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
Ordinances, Unified Development Code, by amending Article 14 -6, Off - Street Parking
Requirements, to add Parks, Public or Private, and Similar Natural Recreation Areas to
the list of Land Uses and the Zoning Advisory Commission recommending approval.
Motion by Connors 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 Resnick.
Planning Services Manager Laura Carstens provided a staff report. Motion carried 7 -0.
Motion by Connors for final consideration and passage of Ordinance No. 17 -13
Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of
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Ordinances, Unified Development Code, by amending Article 14 -6, Off - Street Parking
Requirements, to add Parks, Public or Private, and Similar Natural Recreation Areas to
the list of Land Uses and by Amending Article 5, Zoning Districts, to modify how Parks
is listed as a Permitted Use. Seconded by Resnick. Motion carried 7 -0.
Unified Development Code Text Amendment - Sidewalk Installation: Proof of
publication on notice of public hearing to consider a request by the City of Dubuque to
amend Article 13- 3.6(A) of the Unified Development Code regarding installation of
sidewalks and the Zoning Advisory Commission recommending approval. Motion by
Lynch 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. Planning
Services Manager Laura Carstens provided a staff report. Motion carried 7 -0.
Motion by Lynch for final consideration and passage of Ordinance No. 18 -13
Amending City of Dubuque Code of Ordinances, Title 16 Unified Development Code,
Chapter 13 Site Development Standards, Section 3 -6(A) Sidewalks and Walkways, to
reference the General Sidewalk Requirements in the Code of Ordinances. Seconded by
Braig. Motion carried 7 -0.
Wilmac Property Company - Linseed Oil Paintworks Building: Proof of publication on
notice of public hearing to consider entering into a Development Agreement for the
property located at 151 East 9th Street (Corner of 9th and Jackson) and the City
Manager recommending approval. Motion by Braig to receive and file the documents
and adopt Resolution No. 95 -13 Approving issuance of Urban Renewal Tax Increment
Revenue Obligations and the execution of a Development Agreement relating thereto
with Wilmac Property Company. Seconded by Connors. Motion carried 7 -0.
Sewer Revenue Capital Loan Notes - State of Iowa Revolving Fund Loan: City
Manager recommending approval of the suggested proceedings for the issuance of not
to exceed an additional $700,000 Sewer Revenue Capital Loan Notes from the Iowa
Water Pollution Control Works Financing Program. Motion by Braig to receive and file
the documents and adopt Resolution No. 96 -13 Ratifying, confirming and approving
publication of Notice of Public Hearing for the issuance of an additional amount of not to
exceed $700,000 Sewer Revenue Capital Loan Notes; and Resolution No. 97 -13
Instituting proceedings to take additional action for the authorization of a loan and
disbursement agreement and the issuance of an additional amount of not to exceed
$700,000 Sewer Revenue Capital Loan Notes. Seconded by Connors. Motion carried 7-
0.
Upon motion the rules were suspended limiting discussion to the City Council.
ACTION ITEMS
Park & Recreation Commission - Pets in Parks Recommendation: Council Member
Ric Jones submitting a request to reconsider a proposed ordinance allowing leashed,
licensed dogs in City parks.
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Correspondence from the Park & Recreation Commission relaying additional
recommendations related to Veteran's Memorial Plaza and play areas. Correspondence
from Health Services relaying current violation statistics related to pets in parks.
Correspondence from Leisure Services relaying research about other cities related to
pets in parks. Materials from the March 4, 2013 Council Meeting.
Motion by Jones to reconsider the proposed ordinance. Seconded by Braig. Motion
carried 7 -0.
Restated motion by Jones to consider the first reading of a proposed ordinance (with
recommended changes) amending City of Dubuque Code of Ordinances Title 10 Public
Ways and Property, Chapter 5 Parks and Recreation By Adding Definitions Relating to
Animals; Restricting Horsedrawn Vehicles; Permitting Dogs, Cats, and Domesticated
Animals in Certain Parks, Open Spaces, and Trails Subject to Conditions; Establishing
Leash and Waste Clean -Up Requirements; Prohibiting Animals Running At -Large
Within Parks, Open Spaces, or Trails; Permitting the Exercising of Dogs off Leash in
Certain Areas; and Revising Park, Open Spaces and Trail Descriptions. Seconded by
Braig. Motion carried 4 -3 with Connors, Lynch, and Sutton voting nay. (The second
reading of this ordinance is scheduled for April 15, 2013).
City Council requested the following changes be made to the ordinance for the
second reading: 1) One -year trial period with evaluation; 2) Evaluation on enforcement
options; 3) Shorten the list of eligible parks; and 4) A clear definition of the geography of
play areas. Council also requested information from staff related to funding of the
associated costs of amenities such as waste bag, signage and public education.
Council discussion included concerns over health and safety, increased enforcement
options, additional costs, and impact on hosted events and pavilions. Leisure Services
Manager responded to questions from the City Council.
City Hall Envelope Restoration (Tuckpointing) - Project Award: City Manager
recommending award of the contract for the City Hall Envelope Restoration
(tuckpointing) to the low bidder, Randy Williams d /b /a R & W Restoration. Motion by
Braig to receive and file the documents and adopt Resolution No. 98 -13 Awarding the
public improvement contract for the City Hall Envelope Restoration (Tuckpointing)
Project. Seconded by Connors. Responding to questions, Architect Jeff Morton provided
a clarification on the base bid and unit pricing of the bid tabulation and the qualifications
of the successful contractor. Motion carried 7 -0.
Water & Resource Recovery Center Cogeneration Facilities - Award of Contract: City
Manager recommending award of the contract for the Water & Resource Recovery
Center Cogeneration Facilities Project to Total Mechanical Systems Incorporated.
Motion by Jones to receive and file the documents and adopt Resolution No. 99 -13
Awarding the public improvement contract for the Water & Resource Recovery Center
Cogeneration Project. Seconded by Connors. W &RRC Manager Jonathon Brown and
Randy Wertz of Strand Associates responded to questions regarding approximate
costs, payback, and life expectancy of the turbines. Motion carried 7 -0.
Housing Assistance Payment Fund Balance: City Manager recommending funds be
deposited into the Housing Assistance Program fund from identified savings in the
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general fund to comply with a U.S. Department of Housing and Urban Development
(HUD) reporting requirement. Motion by Connors to receive and file the documents and
a approve the recommendation. Seconded by Resnick. Motion carried 7 -0.
Housing and Community Development Funding Partnership: City Manager
recommending approval of a proposed partnership between the Community Housing
Initiatives (CHI), Dubuque Bank and Trust (DB &T) and the City Housing Department to
restore about 18 units in the Washington Neighborhood. Motion by Connors to receive
and file the documents and approve the recommendation. Seconded by Braig. Housing
and Community Development Director Alvin Nash responded to questions regarding the
commercial /residential makeup of the units and provided more information on CHI.
Motion carried 7 -0.
Sustainable Dubuque - Request for Work Session: City Manager recommending that
the City Council schedule a Sustainable Dubuque quarterly work session for Monday,
May 6, at 5:00 p.m. to hear the final reports from the University of Iowa -Iowa Initiative
for Sustainable Communities students. Motion by Connors to schedule the work session
as recommended. Seconded by Jones. Motion carried 7 -0.
COUNCIL MEMBER REPORTS
Braig expressed an interest in a work session on the Historic Millwork District at a
future date.
Resnick and Buol reported on their attendance at the recent Taste of the World event
sponsored by the Multicultural Family Center stating that they thought it a successful
and well attended event.
There being no further business, upon motion the City Council adjourned at 7:53 p.m.
1 t 3/27
/s /Kevin S. Firnstahl, CMC
City Clerk
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