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1 7 13 City Council Proceedings Official_Special and Reglar CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS SPECIAL SESSION OFFICIAL The Dubuque City Council met in special session at 5:00 p.m. on January 7, 2013 in th the Historic Federal Building, 350 W. 6 Street. Present: Mayor Pro Tem Lynch; Council Members Braig, Connors, Jones, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Absent: Mayor Buol Mayor Pro Tem Lynch 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 Dubuque County Regional Smart Plan. WORK SESSION Dubuque County Regional Smart Plan Planning Services Manager Laura Carstens, ECIA Transportation Planner Dan Fox, and Dubuque County Zoning Administrator Anna O’Shea presented an overview of the Dubuque County Regional Smart Plan to the City Council. Highlights included: 1. Purpose/Mission a. Foster cooperation among communities, help the region attract economic development, protect and preserve community resources, improve resiliency to disaster, and encourage a strong community identity; b. Address Iowa smart planning principles and elements as outlined in Iowa Code Chapter 18B. 2. Overview of the 14 Smart Planning Elements 3. Overview of the 10 Smart Planning Principles 4. Overview of the Smart Planning Grants 5. Summary of the Smart Planning Consortium 6. Description of the Smart Planning Process 7. Review of Consortium and Input Meetings 8. Results; strengths, issues, opportunities 9. Land Use Maps; future and existing land use 10. Benefits of Adopting the Plan City Council had discussion with the presenters following the presentation. There being no further business, upon motion the City Council adjourned at 5:32 p.m. /s/Kevin S. Firnstahl, CMC, City Clerk 2 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on January 7, 2013 in th the Historic Federal Building, 350 W. 6 Street. Present: Mayor Pro Tem Lynch, Mayor Buol (via phone); Council Members Braig, Connors, Jones, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl Mayor Pro Tem Lynch 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. CONSENT ITEMS Motion by Connors to receive and file the documents, adopt the resolutions, and dispose of as indicated. Seconded by Resnick. Connors requested (#13) IBM Amendment to Joint Development Agreement be held for separate discussion. Motion carried 6-0. (Clerk error in not calling for Buol.) Minutes and Reports Submitted: Cable TV Commission of 12/5/12; City Council Proceedings of 12/17/12, Community Development Advisory Commission of 12/12/12; Historic Preservation Commission Education Task Force of 12/6/12; Safe Community Advisory Committee of 11/14/12; Proof of Publication for City Council Proceedings of 12/3/12; Proof of Publication for List of Claims and Summary of Revenues for Month Ending November 30, 2012. Upon motion the documents were received and filed. Notice of Claims and Suits: Leroy Benson for vehicle damage and Joseph Schumacher for vehicle damage. Upon motion the documents were received, filed and referred to the City Attorney. Disposition of Claims: Joseph Schumacher for vehicle damage. Upon motion the documents were received, filed and concurred. City Council 2011 Official Proceedings: City Clerk submitting the Official City Council Proceedings for 2011. Upon motion the documents were received, filed and approved. Request for Proposals - Updated Design Guidelines Manual: City Manager recommending approval of the release of a Request for Proposals for an Updated Design Guidelines Manual for the historic districts and the downtown. Upon motion the documents were received, filed and approved. Delinquent Grass and Weed Cutting and Garbage Collection Accounts: City Manager recommending adopting of a resolution authorizing the City certify the grass and weed cutting and garbage collection charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the documents were received and filed and Resolution No. 1-13 Authorizing the City to collect delinquent grass and weed cutting and garbage collection charges in accordance with Title 6-6- 3C2o; Title 6-6-4B3 & Title 6-6B of the Code OF Ordinances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 1-13 AUTHORIZING THE CITY TO COLLECT DELINQUENT GRASS AND WEED CUTTING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6-6-3C2o; TITLE 6-6-4B3 & TITLE 6-6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered substandard if any conditions exist to an extent that endanger life, limb, health, property, safety or welfare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is “palpably and indisputably such” exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent grass and weed cutting and garbage collection charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons listed on the attached Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges. Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached Grass/Weed/Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. th Passed, approved and adopted this 7 day of January, 2013. Kevin J Lynch, Mayor Pro Tem Kevin S Firnstahl, City Clerk Attest: OWNNER, LOCATION, PARCEL #, AMOUNT, CATEGORY th William F Freiburger 13763 400 Ave. Bellevue Ia 52031, 1660 White, M 1/5 Of City Lot 485, 1024267004, $60.00, Garbage Mid America Property Mgmt P O Box 1572 Dubuque Ia 52004-1572, 2270 Francis, N 1/2 Of Lot 13 Tivoli Add, 1024129004, $75.00, Garbage 2 Michael Voss 1280 Cleveland Ave. Dubuque Ia 52003, 1280 Cleveland, Lot 1 Grace Cleveland Ave Pl, 1025361012, $300.00, Grass, Weeds And Garbage High Performance Properties 8505 Southern Hills Ct Dubuque Ia 52003, 1373 Iowa, Lot 2-2-2-1-N 2/5 Of City Lot 461, 1024411010, $65.00, Garbage ndnd Janice Weis 400 E 22 St Dubuque Ia 52001, 400 E 22, Lot 1-1-12 Kniest Sub, 1024211001, $105.00, Grass, Weeds And Garbage Jimmy P And Debbie S Matheos 30800 Bel Aire Circle Westlake Oh 55145, 1375 Iowa, Lot 1-2-2-1 Of N 2/5 City Lot 461, 1024411009, $65.00, Garbage Empress Enterprises Llc 199 N Montgomery St #706 San Francisco Ca 94105, 25 W th 15, Lot 1 Of Winner Place, 1024403017, $250.00, Garbage nd Mid America Property Mgmt P O Box 1572 Dubuque Ia 52004-1572, 532 E 22, Ne 1/2 Lot 1-1-5 Mineral Lot 314, 1013465001, $170.00, Garbage West Locust Properties 800 Spring St. Suite 101 Galena Il 61036, 460 W Locust, Lot 2-1 & 2-3 Bowens Sub 460-464 1/2 W Locust St, 1024179004, $135.00, Garbage Rauen Properties Llc 1495 Wood St. Dubuque Ia 52001, 414 W Locust, Lot 2-1-1-1- 1-2 Of City Lot 670, 1024327008, $150.00, Garbage Judge Real Estate Llc 605 Bluff St. #132 Dubuque Ia 52001, 1003 Bluff, Lot 7 - E 1/2 - City Lot 655 1003-1005 Bluff, 1024457019, $130.00, Garbage Jeffrey Welter 695 Kane St. Dubuque Ia 52001, 695 Kane, Lot 2-1-2 Young Primrose Place, 1014433014, $420.00, Grass, Weeds And Garbage Walter A Scott P O Box 61 Dubuque Ia 52004-0061, 520 Lincoln, Lot 8 High St. Sub Also That Pt Of Vac Troy St Abutting Said Lots, 1024228007, $192.50, Garbage Dubuque Properties Llc 1805 State St. Suite 105 Bettendorf Ia 52722, 2076 Washington, W 59' Of S 42' Of Lot 1-97 L H Langworthy's Add 2076-2078 Washington, 1024215001, $270.00, Grass, Weeds And Garbage Merlin J And Sandra L Meyer 340 Valley St. Dubuque Ia 52003, 340 Valley, Lot 1-1- 1-1-S 310'-1- 14 & 15 Oak Grove Add, 1036202005, $350.00, Grass And Weeds thth Mary E Leick 395 E 16 St. Dubuque Ia 52001, 395 E 16, Lot 3-152 East Dubuque Add, 1024278017, $390.00, Grass And Weeds Federal Home Loan Mortgage Corp 500 Plano Parkway Carrollton Tx 75010, 2325 Knob Hill, Lot 3 Blk 1 Knob Hill, 1035306001, $595.00, Grass And Weeds Charles W & Lisa A Wehrspann 13150 Circle Ridge Road Sherrill Ia 52073, 3870 Creston, Lot 19 Blk 5 Mettel-Byrne Add, 1021352001, $420.00, Grass And Weeds Colon J And Glenda Bobbitt 2915 Wildwood Maryville Tn 37804, 501 Obeche, Lot 1 Blk 4 Cedar Lake Add, 1034105001, $210.00, Grass And Weeds Jody M Sanderson & Patricia A Maize 1985 Deborah Drive Dubuque Ia 52001, 1985 Deborah, Lot 8 Blk 1 Dirksen Add, 1022336008, $350.00, Grass And Weeds Horseshoe Rental Llc 4835 Bennett Road Benton Wi Ia 53803, 1646 Finley, Lot 2- 224 Finley Add 1646-1648 Finley, 1026103003, $150.00, Grass, Weeds And Garbage Jorge Fonseca Nieves 3001 Stellar Eagle Drive Dubuque Ia 52001, 3001 Stellar Eagle, Lot 2 Swift Place, 1107105012, $300.00, Grass And Weeds Corey D Lansing 5448 Park Place Dubuque, Ia 52002, 2243 Central, Lot 6 Tivoli Add, 1024129028, $100.00, Garbage Thomas J & Martha J Blake 115 Skyline Drive Guttenberg Ia 52057, 2214 Jackson, Lot 1-57 L H Langworthys Add, 1024203007, $290.00, Garbage James A Wagner 1685 Auburn St. Dubuque Ia 52001, 1685 Auburn, Lot 187 3 Woodlawn Park Add, 1023388005, $135.00, Grass, Weeds And Garbage William J Finn 1860 Heeb St. Dubuque Ia 52001, 2010 Shelby, Lots 13 & 14 Marshs Add, 1024134046, $165.00, Grass And Weeds Kenneth S King III 2288 Francis St. Dubuque Ia 52001, 2288 Francis, Lot 12 Tivoli Add, 1024129003, $90.00, Grass And Weeds Laura A Benson 1625 N Algona St. Dubuque Ia 52001, 1625 N Algona, Lot 236 Woodlawn Park Add, 1023387009, $85.00, Grass And Weeds Joseph E Healey 2586 Crissy Drive Dubuque Ia 52001, 1012 Wilson, Lot 1-4 Cains Sub, 1025104004, $75.00, Garbage St Thomas Llc 1261 Thomas Place Dubuque Ia 52001, 1261 Thomas, Lots 7 & 8 Emsleys Sub, 1013428016, $313.00, Grass, Weeds And Garbage Bradley R Feldott 611 W Moreland Addision Il 60101, 452 Loras, Lot 1-5 A L Browns Sub, 1024340008, $145.00, Grass And Weeds Oliver J And Patricia R Kringle 973 Richards Road Dubuque, Ia 52003, 1335 Glen Oak, Lot 6 Rohners Sub, 1023482011, $125.00, Grass And Weeds Dolores A Walbrun 2300 Jackson St. Dubuque Ia 52001, 2300 Jackson, Lot 2-63 L H Langworthy's Add, 1013459009, $857.08, Grass And Weeds Premier Bank 2625 Mw Arterial Dubuque Ia 52002, 1838 Central, S 26' - M 1/5 - City Lot 436, 1024256005, $245.00, Grass, Weeds And Garbage Robert K And Alana A Neuwoehner 16401 Nottingham Court Dubuque Ia 52001, 375 Nevada, Lot 11 T S Nairns Dubuque, 1026279019, $105.00, Garbage John Jaeger 2026 Rockdale Road Dubuque Ia 52003, 884 University, Lot 2 Oxford Heights, 1025109008, $240.00, Garbage Robert T Hartman Jr. 2435 Jackson St. Dubuque Ia 52001, 2435 Jackson, Lot 1 Of E 53'6" Of N 1/2 E 85' Lot 185, Lot 2 Of S 1/2 Of E 85' Of Lot 185, & S 27'4" Of W31'6" Of N 1/2 Of E85' Of Lot 185 L Hlangworthys Add, 1025109008, $205.00, Garbage Aaron Matthew Loso 1495 Glen Oak St. Dubuque Ia 52001, 655 Jefferson, Lot 19 Farley's Sub 655-657 Jefferson, 1024385017, $100.00, Grass, Weeds And Garbage F28 Llc C/O Jeffrey K Bair 514 Loras Boulevard Dubuque Ia 52001, 514 Loras, Lots 2-1-1 & 2-1 Both Of The Sub Of 810 A Mcdaniels Sub 514-516 Loras, 1024340001, $50.00, Grass And Weeds th Jacob R Paul 1825 74 Place Kenosha Wi 53143, 1360 Dell, Lot 2-810 A Mcdaniels Sub, 1024340003, $50.00, Grass And Weeds Hp Investments Llc 1675 Silver Maple Trail North Liberty Ia 52317, 515 Arlington, W 51'6" Of Lot 7 Of Sub Lot 809 A Mcdaniels Sub, 1024340015, $50.00, Grass And Weeds Greg A Prehm 8505 Southern Hills Court Dubuque Ia 52003, 574 Chestnut, Lot 4 M A Mcdaniels Sub 574-576 Chestnut, 1024381006, $190.00, Grass, Weeds And Garbage High Performance Properties 8505 Southern Hills Court Dubuque Ia 52003, 1496 White, N 1/5 Of City Lot 483, 1024409001, $400.00, Grass, Weeds And Garbage th Thomas J & Martha J Blake 115 Skyline Drive Guttenberg Ia 52057, 809 W 8, Lot 1 Beckett Place, 1024207008, $150.00, Garbage Cory L Data 2105 Windsor Ave. Dubuque Ia 52001, 721 Rose, Lot 5 Cummins Sub , 1024355006, $70.00, Garbage Katie L Rapp 1205 S Grandview Ave. Dubuque Ia 52003, 2120 Foye Lot 2-9 Buettels Sub Foye 2120-2122, 1204155008, $65.00, Grass And Weeds 4 Erica N Uthe 2176 Foye St. Dubuque Ia 52001, 21756 Foye, Lot 5 Buettels Sub, 1024155003, $65.00, Grass And Weeds Rebecca J And Edward P Severns 6032 N Nickerson Ave. Chicago Il 60631, 2111 Jackson, Lot 2-1 Of "Sub Of E 1/2-39 & N 54'-E 1/2- 40" L H Langworthy's Add, 1024208021, $115.00, Grass, Weeds And Garbage thth 14 St. Properties Llc 800 Spring St. #101 Galena Il 61036, 232 E 14, E 56' Of Lot 52 East Dubuque Add 232-234 th 244-246 E 14 St, 1024430002, $170.00, Garbage Samuel R Murley 366 Kaufmann Ave. Dubuque Ia 52001, 755 W 3rd, Lot 5 Fortunes Sub, 1025182008, $70.00, Grass And Weeds Brp Properties 8505 Southern Hills Court Dubuque Ia 52003, 1820 Loras, Tschirgi & Schwinds Sub Lot 31, 1026133003, $115.00, Garbage Blake R And Linda A Schellenberg 31170 Southwest County View Wilsonville Or 97070, 1025 Bluff, E 1/2 Lot 5 Of E 1/2 Of City Lot 655, 1013434008, $75.00, Garbage Anne M Mullen 1612 Butterfield Road Dubuque Ia 52001, 1612 Butterfield, Lot 5 Blk 1 Oak Brook, 1027105005, $1,850.00, Grass And Weeds Frank J Hefel 1661 Lawndale St. Dubuque Ia 52001, 1661 Lawndale, Lot 7 & N 2'6" Of Lot 6 Voelkers- Highland, 1023407024, $160.00, Garbage Robert J Canon 3095 Kane Court Dubuque Ia 52001, 33 Alpine, Lot 8 Guernsey & Langs Add, 1025302008, $130.00, Garbage Sec Of Housing And Urban Dev 4400 Will Rogers Pkwy Ste 300 Oklahoma City Ok 73108, 1737 Richie, Lot 5 Blk 3 Key Knolls Sub, 1024160010, $465.00, Grass And Weeds Lisa M Kunkel 752 Wilson St. Dubuque Ia 52001, 752 Wilson, Lot 6 Wilsons Sub, 1025132006, $185.00, Grass And Weeds Deane C And Manolita C Dement 686 University Ave. Dubuque Ia 52001, 686 University, Lot 2-1-1-10 Kellys Sub & Lot 2-1-11 Kellys Sub, 1025129017, $436.00, Grass, Weeds And Garbage Daniel M & Keri L Keller 481 Sherwood East Dubuque Il 61025, 2162 Washington, Lots 1 & 2 Wragg Place 2162-2164 Washington, 1024210002, $155.00, Grass, Weeds And Garbage High Performance Properties 8505 Southern Hills Court Dubuque Ia 52003, 35 W thth 15, E 1/2-S 88'-E 1/2-S 2/5 Of City Lot 454 35- 35 1/2 W 15 St, 1024403009, $160.00, Garbage Dawn M Mayne 303 Valeria St. Dubuque Ia 52001, 303 Valeria, Lot 2-1-2-130 L H Langs Add & Lot 2-2-33 Tivoli Add, 1024128004, $65.00, Garbage Travis A Kaiser And Kendra K Chapman 2721 Elm St. Dubuque Ia 52001, 2721 Elm, S 1/2 Of Lot 191 Glendale Add, 1013182023, $213.00, Grass, Weeds And Garbage Donna A Vaske 2595 White St. Dubuque Ia 52001, 2595 White, Lot 2-1-238 Davis Farm Add, 1013376005, $225.00, Garbage Federal Home Loan Mortgage Corp 8200 Jones Branch Dr. Mclean Va 22102, 2419 Jackson, Lot 1-6 New Jackson Sub, 1013379026, $85.00, Grass, Weeds And Garbage 5g Us Properties Inc. 1900 The Exchange Se Ste 410 Atlanta Ga 30339, 1466 Jackson, S 1/2 Lot 48 East Dubuque Add, 1024426006, $175.00, Grass, Weeds And Garbage Vacant and Abandoned Building and Problem Property Collection Accounts: City Manager recommending adoption of a resolution authorizing the City to certify vacant 5 and abandoned building and problem property charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the documents were received and filed and Resolution No. 2-13 Authorizing the City to collect delinquent vacant and abandoned building and problem property charges in accordance with Title 6-6-3B1h; Title 6-6-4B3 & Title 6-6B of the Code of Ordinances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 2-13 AUTHORIZING THE CITY TO COLLECT DELINQUENT VACANT AND ABANDONED BUILDING AND PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH TITLE 6-6-3B1h; TITLE 6-6-4B3 & TITLE 6-6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered hazardous or unsanitary premises if vacant and abandoned buildings and problem properties are allowed to deteriorate according to 6-6-3B1h; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is “palpably and indisputably such” exists which requires immediate action to protect the public health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent vacant and abandoned building and problem property charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section I. That the persons listed on the attached VAB/Problem Property Assessment Schedule are delinquent in the payment of vacant and abandoned building and problem property charges. Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached VAB/Problem property Assessment Schedule are delinquent in the payment of vacant and abandoned building and problem property charges in the amount set aside of the respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. th Passed, approved and adopted this 7 day of January, 2013. Kevin J Lynch, Mayor Pro Tem Kevin S. Firnstahl, City Clerk Attest: OWNER, LOCATION, PARCEL #, AMOUNT, CATEGORY Corey D Lansing 5448 Park Place Dubuque, IA 52002, 2243 Central Ave., LOT 6 TIVOLI ADD, 1024129028, $100.00, Secure doors with 2 hasp locks Vickie Lynn Rako 1017 Bluff St. Dubuque IA 52001, 1017 Bluff St., LOT 2-6 OF THE E1/2 OF CITY LOT 655, 1024457017, $7,320.25, Remove and replace front porch and steps Premier Bank 2625 NW Arterial Dubuque IA 52002, 1838 Central Ave., S 26' - M 1/5 - CITY LOT 436, 1025361012, $203.04, Relocation charges for tenant removed for unsafe electric 6 Jimmy P and Debbie S Matheos 30800 Bel Aire Circle Westlake OH 55145, 1375 Iowa St., LOT 1-2-2-1 OF N 2/5 CITY LOT 461, 1024411009. 2012 Brick Manhole Replacement Project, Bid Pkg. 2 Project Acceptance: City Manager recommending acceptance of the public improvements and authorizing final payment to the contractor for the 2012 Brick Manhole Replacement Project, Bid Package 2, as completed by Tschiggfrie Excavating. Upon motion the documents were received and filed and Resolution No. 3-13 Accepting the 2012 Brick Manhole Replacement Project Bid Package 2 and authorizing payment of the contract amount to the contractor was adopted. RESOLUTION NO. 3-13 ACCEPTING THE 2012 BRICK MANHOLE REPLACEMENT PROJECT BID PACKAGE 2 AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the 2012 Brick Manhole Replacement Project Bid Package 2 (the Project) has been completed and the City Engineer has examined the work and filed a certificate stating that the Project has been completed according to the terms of the Public Improvement Contract and that the City Engineer recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the 2012 Brick Manhole Replacement Project Bid Package 2 appropriations for the contract amount of $101,870.04 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 7 day of January 2013. Kevin J. Lynch, Mayor Pro Tem Attest: Kevin S. Firnstahl, CMC, City Clerk CITY ENGINEER’S CERTIFICATE OF FINAL COMPLETION OF THE 2012 BRICK MANHOLE REPLACEMENT PROJECT BID PACKAGE 2 The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2012 Brick Manhole Replacement Project Bid Package 2, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $104,570.04. nd Dated this 2day of January, 2013. Gus Psihoyos, City Engineer nd Filed in the office of the City Clerk on the 2 day of January 2013. Kevin S. Firnstahl, CMC, City Clerk Fiscal Year 2014 County Tax Increment Financing (TIF) Report: City Manager transmitting the Annual Tax Increment Financing (TIF) Report for Fiscal Year 2014, which has been filed with Dubuque County Auditor Denise Dolan. Upon motion the documents were received and filed. 7 Sustainable Dubuque Project Monthly Status Report: City Manager transmitting the monthly Sustainable Dubuque Project Status Update for December 2012. Upon motion the documents were received and filed. Safe Community Advisory Committee: Committee Member Diane Callahan submitting her resignation from the Safe Community Advisory Committee. Upon motion the documents were received and filed and the resignation accepted. Catfish Creek Watershed Management Plan - Public Education Signs: City Manager transmitting information on the Catfish Creek Watershed Stream Crossings signs. Upon motion the documents were received and filed. IBM - Amendment to Joint Development Agreement: City Manager recommending approval of Amendment No. 6 to the IBM Joint Development Agreement No. W0954778 that will allow IBM to include data obtained from Dubuque as sample information in IBM products and services. Upon motion the documents were received, filed and approved. Improvement Contracts / Performance, Payment and Maintenance Bonds: Price Industrial Electric for the Eagle Point Well Fields Electrical Upgrade 2012 Project. 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. 4-13 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. RESOLUTION NO. 4-13 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 Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted and filed with the City Council for approval and the same have been examined and approved; and Whereas, the premises to be occupied by such applicants were inspected and found to comply with the Ordinances of the City and the applicants have filed the proper fees and bonds and otherwise complied with the requirements of the Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Best Western Plus Dubuque Hotel / 3100 Dodge St. Class B Liquor (Catering) (Outdoor) (Sunday) Champps Americana (Hotel/Motel) Breezers Pub Company 600 Central Ave. Class C Liquor (Sunday) Engraved Gift Collection 962 Main St. Class B Native Wine 8 (Sunday) Hartig Drug Company#4 2225 Central Ave. Class E Liquor, Class B Wine, Class C Beer (Carryout Beer/Wine) (Sunday) Hy-Vee Gas #2 2435 NW Arterial Class B Native Wine (Sunday) The Lounge 481 Locust St. Class C Liquor United Automobile Workers, Local #94 3450 Central Ave. Class B Beer (Includes Wine Coolers) (Sunday) Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and permit types. th Passed, approved and adopted this 7 day of January, 2012. Kevin J. Lynch, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Jones 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 6-0. (Temporarily lost phone connection with Mayor Buol.) Dubuque County Regional Smart Plan: City Manager recommending that a public hearing be set for January 22, 2013, on the final draft of the Dubuque County Regional Smart Plan. Upon motion the documents were received and filed and Resolution No. 5- 13 Setting a public hearing on the Dubuque County Regional Smart Plan was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on January 22, 2013 in the Historic Federal Building. RESOLUTION NO. 5-13 SETTING A PUBLIC HEARING ON THE DUBUQUE COUNTY REGIONAL SMART PLAN Whereas, Dubuque County, Iowa, was awarded a Community Development Block Grant (CDGB) made possible by the American Recovery and Reinvestment Act (ARRA), distributed through the Iowa Economic Development Authority (IEDA) for the purpose of creating a Regional Smart Plan; and Whereas, the Dubuque County Regional Smart Plan is consistent with the ten (10) Iowa Smart Planning Principles contained in Iowa State Code Chapter 18B (collaboration; efficiency, transparency and consistency; clean, renewable, and efficient energy; occupational diversity; revitalization; housing diversity; community character; natural resources and agriculture protection; sustainable design; and transportation diversity) which must be considered and may be applied when governments deliberate all appropriate planning, zoning, development, and resources management decisions; and Whereas, the planning process to create the Dubuque County Regional Smart Plan was guided by the Smart Planning Consortium, which included representation from the City of Dubuque; and 9 Whereas, the Smart Planning Consortium met throughout the process to review the draft Dubuque County Regional Smart Plan and to provide input on plan language, goals and objectives, and implementation strategies; and Whereas, the Smart Planning Consortium meetings were open to the public, and Public Input Meetings were held to gather input on the Dubuque County Regional Smart Plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council hereby sets a public hearing on the Dubuque County Regional Smart Plan for January 22, 2013 at 6:30 p.m. in the City Council Chamber, th Historic Federal Building, 350 W. 6 Street, Dubuque, Iowa. th Passed, approved and adopted this 7 day of January 2013. Kevin J. Lynch, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk Rousselot, Inc. - Development Agreement: City Manager recommending setting a public hearing for January 22, 2013 to approve a Development Agreement with Rousselot, Inc. for a 9,000 square foot expansion to its facility at 2350 Kerper Boulevard. Upon motion the documents were received and filed and Resolution No. 6- 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 Grant Obligations and the approval of a Development Agreement with Rousselot, Inc., 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 January 22, 2013 in the Historic Federal Building. RESOLUTION NO. 6-13 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 GRANT OBLIGATIONS AND THE APPROVAL OF A DEVELOPMENT AGREEMENT WITH ROUSSELOT INC., AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque (City) and Rousselot, Inc. (Rousselot) have entered into a Development Agreement, subject to the approval of the City Council, a copy of th which is now on file at the Office of the City Clerk, City Hall, 13 and Central Avenue, Dubuque, Iowa; and Whereas, the City Council has tentatively determined that it would be in the best interests of City to approve the Development Agreement with Rousselot; and Whereas, the Development Agreement provides for the issuance by City of economic development grants to Rousselot., referred to herein as Urban Renewal Tax Increment Revenue Grant Obligations, payable from the tax increment revenues collected in respect of the improvements to be constructed by Rousselot in accordance with the Development Agreement, for the purpose of carrying out the objectives of an Urban Renewal Plan as hereinafter described; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and/or written objections from any resident or property owner of said City to such proposed action. 10 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to cause a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent to enter into the Development Agreement and authorize Urban Renewal Tax nd Increment Revenue Grant Obligations as described therein, to be held on the 22 day of January, 2013, at 6:30 p.m. in the City Council Chambers at the Historic Federal th Building, 350 W. 6 St., Dubuque, Iowa. Section 2. The City Council will meet at said time and place for the purpose of taking action on the matter of authorizing and approving the execution of the Development Agreement with Rousselot and the issuance of Urban Renewal Tax Increment Revenue Grant Obligations described therein, the proceeds of which obligations will be used to carry out certain public purpose activities described in the Urban Renewal Plan for the Greater Downtown Urban Renewal District, consisting of the funding of economic developments grants to Rousselot pursuant to the Development Agreement under the terms and conditions of said Urban Renewal Plan. The aggregate amount of the Urban Renewal Tax Increment Revenue Grant Obligations cannot be determined at the present time, but is not expected to exceed $200,000. Section 3. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 4. That the notice of the proposed action to issue said obligations shall be in substantially the form attached hereto. th Passed, approved and adopted this 7 day of January, 2013. Kevin J Lynch, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk Community Development Block Grant (CDBG) - Annual Action Plan: City Manager recommending that a public hearing be set for February 21, 2013, on the Fiscal Year 2014 Annual Action Plan. Upon motion the documents were received and filed and Resolution No. 7-13 Setting a public hearing on the Fiscal Year 2014 (Program Year 2013) Community Development Block Grant (CDBG) Annual Action Plan was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 21, 2013 in the Historic Federal Building. RESOLUTION NO. 7-13 SETTING A PUBLIC HEARING ON THE FISCAL YEAR 2014(PROGRAM YEAR 2013) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ANNUAL ACTION PLAN. Whereas, the City of Dubuque has, through a series of public meetings and hearings, finalized a Fiscal Year 2014 (Program Year 2013) Community Development Block Grant Annual Action Plan addressing both housing and non-housing needs in the community; and Whereas, copies of the draft Fiscal Year 2014 (Program Year 2013) CDBG Annual Action Plan will be available for public comment for 30 days prior to City Council action; and 11 Whereas, the City's Community Development Advisory Commission has reviewed and recommended adoption of the Annual Action Plan. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council will meet in the Historic Federal Building, Council ndth Chambers, 2 Floor, 350 West 6 Street, Dubuque, Iowa at 6:30 p.m. on February 21, 2013 for the purpose of holding a public hearing and taking action on the Fiscal Year 2014 (Program Year 2013) Community Development Block Grant Annual Action Plan. Section 2. That the City Clerk be and she is hereby authorized and directed to publish a notice of such public hearing and the City Council’s intent to review and take action on the Fiscal Year 2014 (Program Year 2012) Community Development Block Grant Annual Plan. th Passed, approved and adopted this 7 day of January, 2013. Kevin J. Lynch, Mayor Pro Tem Attest: Kevin Firnstahl, City Clerk BOARDS/COMMISSIONS Applicants were invited to address the City Council regarding their desire to serve on the following Boards/Commissions: Community Development Advisory Commission: Two 3-Year terms through February 1, 2016 (Expiring terms of Caldwell and Maloy). Applicants: Theresa M. Caldwell, 1633 Elm St.; and Paula Maloy, SVM, 2950 Kaufmann Ave. Safe Community Advisory Committee: Nine 1-Year terms through December 31, 2013 (Expiring terms of Allen, Bragg, Callahan, Cheatham, Daack, Ernst, Stillings, Stork, and Welch). Applicants: Anthony Allen, 1725 Delhi St.; Mary Rae Bragg, 350 Kaufmann Ave. Apt 1; Ann Ernst, 899 Mt. Carmel Rd.; Shaunel Evans, 925 Rhomberg Ave.; Doug Stillings, 1255 Locust St.; Susan Stork, 2115 Golden Eagle Dr.; and Christopher Welch, 164 Main St. Ms. Ernst and Mr. Stillings spoke in support of their respective appointments. Sister City Relationships Advisory Commission: Two 3-Year Terms through February 1, 2016 (Expiring terms of Phillips and Thurn) Applicants: Betty J. Phillips, 3047 Kane Ct.; and Louise Thurn, 3037 Kaufmann Ave. Ms. Thurn spoke in support of her reappointment. Appointment was made to the following Board/Commission: Mediacom Charitable Foundation: One 1-Year term through December 31, 2013 (Expiring term of Twining). Applicants: Connie Twining, 421 N Booth St. Motion by Braig to appoint Connie Twinning to a one-year term through December 31, 2013. Seconded by Resnick. Motion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Water & Resource Recovery Center Cogeneration Project: Proof of publication on notice of public hearing to consider approval of plans, specifications, form of contract and estimated costs for the Water & Resource Recovery Center Cogeneration Project 12 and the City Manager recommending approval. Motion by Braig to receive and file the documents and adopt Resolution No. 8-13 Approving the plans, specifications, form of contract, and estimated cost for the Water & Resource Recovery Center Cogeneration Project. Seconded by Connors. City Manager Van Milligen and Water & Resource Recovery Center Manager Jonathan Brown responded to questions from the City Council regarding the project costs, bidding process, local and regional markets for by- products, turbine efficiency and maintenance, potential for grant monies and, and generating electricity and additional revenues. Motion carried 6-1 with Lynch voting nay. RESOLUTION NO.8-13 APPROVING THE PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE WATER & RESOURCE RECOVERY CENTER COGENERATION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the Water & Resource Recovery Center Cogeneration Project, in the estimated amount of $2,500,000 are hereby approved. th Passed, adopted and approved this 7 day of January, 2013. Kevin J. Lynch, Mayor Pro Tem Attest: Kevin S. Firnstall, CMC, City Clerk Sewer Revenue Capital Loan Notes: Proof of publication on notice of public hearing to consider the issuance of not to exceed $2,400,000 Sewer Revenue Capital Loan Notes from the Iowa Water Pollution Control Works Financing Program and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 9-13 Instituting proceedings to take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of not to exceed $2,400,000 Sewer Revenue Capital Loan Notes. Seconded by Resnick. Motion carried 6-1 with Lynch voting nay. RESOLUTION NO. 9-13 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHORIZATION OF A LOAN AND DISBURSEMENT AGREEMENT AND THE ISSUANCE OF NOT TO EXCEED $2,400,000 SEWER REVENUE CAPITAL LOAN NOTES Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority of not to exceed $2,400,000 Sewer Revenue Capital Loan Notes to evidence the obligations of the City under said Loan and Disbursement Agreement, for the purpose of paying costs of acquisition, construction, reconstruction, extending, remodeling, improving, repairing and equipping all or part of the Municipal Sewer System, including those costs associated with the acquisition and installation of microturbines, compression skid, heat recovery units and related mechanical, electrical and site work at the Water & Resource Recovery Center to utilize anaerobic digester gas in a combined heat and power facility, and has considered the extent of objections received from residents or property owners 13 as to said proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the authorization of a Loan and Disbursement Agreement by and between the City and the Iowa Finance Authority, and the issuance to the Iowa Finance Authority in the manner required by law of not to exceed $2,400,000 Sewer Revenue Capital Loan Notes for the foregoing purpose. Section 2. That this Council does hereby consent to the terms and conditions of the SRF Loan Program, which terms and conditions and the disclosures provided with respect thereto are hereby acknowledged, accepted and approved. Section 3. That the Clerk, with the assistance of the City Attorney and bond counsel, is hereby authorized and directed to proceed with the preparation of such documents and proceedings as shall be necessary to authorize the City's participation in the SRF Loan Program, to select a suitable date for final Council authorization of the required Loan and Disbursement Agreement and issuance of the Note to evidence the City's obligations thereunder, and to take such other actions as the Clerk shall deem necessary to permit the completion of a loan on a basis favorable to the City and acceptable to this Council. Section 4. This Resolution shall serve as a declaration of official intent under Treasury Regulation 1.150-2 and shall be maintained on file as a public record of such intent. It is reasonably expected that general fund and sewer capital fund moneys may be advanced from time to time for capital expenditures which are to be paid from the proceeds of the above loan agreement. The amounts so advanced shall be reimbursed from the proceeds of the Loan Agreement not later than eighteen months after the initial payment of the capital expenditures or eighteen months after the property is placed in service. Such advancements shall not exceed the loan amount authorized in this Resolution unless the same are for preliminary expenditures or unless another declaration of intention is adopted. th Passed and approved this 7 day of January, 2013. Kevin J. Lynch, Mayor Pro Tem Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Greater Dubuque Development Corporation - Quarterly Update: President and CEO Rick Dickinson presented the quarterly update on the activities of the Greater Dubuque Development Corporation. Highlights included information on achieving or surpassing goals in the areas of low unemployment, increased job growth, increased new commercial and residential construction, an increased average wage, and creating a talented workforce. Motion by Connors to receive and file the information. Seconded by Resnick. Motion carried 7-0. City Hall HVAC Project Acceptance: City Manager recommending acceptance of the 2012 City Hall HVAC Project, as completed by Tricon Construction. Motion by Braig to 14 receive and file the documents and adopt Resolution No. 10-13 Accepting the 2012 City Hall HVAC Project and authorizing the payment of the contract amount to the contractor. Seconded by Connors. Motion carried 7-0. RESOLUTION NO. 10-13 ACCEPTING THE 2012 CITY HALL HVAC PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Contract for the 2012 City Hall HVAC Project (the Project) has been completed and the Building Services Manager has examined the work and recommends that the Project be accepted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the Building Services Manager is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the 2012 City Hall HVAC Project the balance of any unpaid appropriation for the contract amount of $797,847.73 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. th Passed, approved and adopted this 7 day of January 2013. Kevin J. Lynch, Mayor Pro Tem Attest: Kevin S. Firnstahl, CMC, City Clerk BUILDING SERVICES MANAGER’S CERTIFICATE OF FINAL COMPLETION OF THE 2012 CITY HALL HVAC PROJECT The undersigned Building Services Manager of the City of Dubuque, Iowa, hereby certifies that he has inspected the 2012 City Hall HVAC, and that said Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $797,847.73. th Dated this 14 day of December, 2012. Rich Russell, Building Services Manager th Filed in the office of the City Clerk on the 14 day of December, 2012. Kevin S. Firnstahl, CMC, City Clerk Comprehensive Annual Financial Report (CAFR): City Manager transmitting the Fiscal Year 2012 Comprehensive Financial Report (CAFR), Auditor's Communication with Those Charged with Governance Letter, along with the City Finance staff's response. Motion by Connors receive and file the documents. Seconded by Braig. Finance Director Ken TeKippe and Dave Kale of Eide Bailly provided information regarding the preparation of the report and responses to the auditors. Motion carried 7- 0. City Council Appointments to Boards and Commission: Correspondence from M. Thomas Stovall, Executive Director of Operation: New View Community Action Agency, requesting that the City make appointments to the Board of Directors at the first meeting in January 2013 (currently City Council Members Lynn Sutton and David Resnick), and a representative appointed by the City Manager (currently Alvin Nash). Mayor and City Council appointments to various Boards and Commissions. 15 Motion by Connors to receive and file the documents; adopt the changes as indicated to the City Clerk; reappoint Council Members Sutton and Resnick and the City Manager’s representative Alvin Nash, and that staff be directed to draft a letter to Operation: New View regarding amendment of the Agency’s bylaws as they relate to membership and City representation. Seconded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS Council Member Connors reported on the attendance of the Wahlert High School Debate Club at tonight’s meeting and indicated that she will contact them about the youth commissioner vacancy on the Environmental Stewardship Advisory Commission. Council Member Jones reported on the death of City Conference Board Member Fritz (John) Ganshirt. CLOSED SESSION Motion by Jones to convene in closed session at 7:51 p.m. to discuss pending litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Upon motion, the City Council reconvened in open session at 8:20 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:21 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 16