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1 22 13 City Council Proceedings Official_Regular 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 22, 2013 in th the Historic Federal Building, 350 W. 6 Street. Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen (via phone), City Attorney Lindahl, Assistant City Man- ager Steinhauser 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. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Resnick. Motion carried 7-0. Minutes and Reports Submitted: City Council proceedings of 1/7, Civil Service Com- mission of 1/14, Community Development Advisory Commission of 1/2, Historic Preser- vation Commission Education Task Force of 1/3, Human Rights Commission of 12/10/12, Safe Community Advisory Committee of 1/9, Sister City Relationships Adviso- ry Commission of 1/9, Zoning Advisory Commission of 1/3, Zoning Board of Adjustment of 12/20/12, Proof of publication for City Council proceedings of 12/17/12. Upon motion the documents were received and filed. Notice of Claims and Suits: Frank Ahlbach for vehicle damage, Amelia Brimeyer for personal injury, Richard Curiel Jr. for loss of property, Albert Hoist for personal injury, Roger Meyer for personal injury, Lisa and Chris Vogt for property damage. Upon motion the documents were received, filed and referred to the City Attorney. Disposition of Claims: Frank Ahlbach for vehicle damage; Leroy Benson for vehicle damage; Amelia Brimeyer for personal injury, Richard Curiel, Jr. for loss of property, Al- bert Hoist for personal injury, Roger Meyer for personal injury. Upon motion the docu- ment was received, filed and referred to the City Attorney. Appeal of Claim by Joseph Healey: Joseph Healey, 2586 Crissy Drive, submitting a Letter of Appeal regarding denial of his claim against the City from December 7, 2012 for sewer line damage. Upon motion the document was received, filed and referred to the City Attorney. Human Rights Commission - Fiscal Year 2012 Annual Report: City Manager trans- mitting the Human Rights Commission's Fiscal Year 2012 Annual Report. Upon motion the documents were received and filed. Request for Proposals - Chaplain Schmitt Island Master Plan: City Manager recom- mending approval of the Request for Proposal and planning process for the Chaplain Schmitt Island Master Plan. Upon motion the documents were received, filed and ap- proved. Public, Educational and Government (PEG) Capital Expenditure Request: City Man- ager recommending approval of the Cable TV Commission's request for up to $50,000 from the Public, Educational, and Government (PEG) Capital Grant on behalf of the lo- cal access community to ensure the on-air playback operations at our four local access origination sites. Upon motion the documents were received, filed and approved. Workers' Compensation Settlement Agreement: City Attorney recommending ap- proval of an Agreement for Settlement regarding a Workers' Compensation claim that was filed against the City by Jim Melloy. Upon motion the documents were received, filed and approved. Plat of Survey - Wild Rose Place No. 2: Zoning Advisory Commission recommending approval of the Plat of Survey for Wild Rose Place No. 2 as requested by WMK Invest- ment Properties, LLC. Upon motion the documents were received and filed and Resolu- tion No.11-13 Approving the Plat of Survey of Wild Rose Place No. 2 in Dubuque Coun- ty, Iowa, was adopted. RESOLUTION NO. 11-13 APPROVING THE PLAT OF SURVEY OF WILD ROSE PLACE NO.2 IN DUBUQUE COUNTY, IOWA Whereas, there has been filed with the City Clerk by WMK Investment Properties (Developer) a Plat of Survey of Wild Rose Place No.2 in Dubuque County, Iowa; and Whereas, said Plat of Survey provides zero (0) feet of frontage for Lot 1 of Wild Rose Place No. 2 on a public street or an approved private street; and Whereas, Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Uni- fied Development Code requires that all lots must front on a public street or an ap- proved private street; and Whereas, as an express condition for approval of this Plat of Survey, Developer agrees on behalf of itself, its successors, and assigns, that it will not construct, create, or allow any vehicle access to Wild Rose Lane from Lot 1 of Wild Rose Place No. 2; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commis- sion and had its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and the City Council finds that, subject to the condition provided above with respect to access, it con- forms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Subject to Section 2, Section 11-14 of Title 16 of the Code of Ordinances, Unified Development Code, is waived to allow zero (0) feet of frontage on a public street or an approved private street for Lot 1 of Wild Rose Place No. 2. 2 Section 2. As an express condition for approval of this Plat of Survey, the Developer agrees on behalf of itself, its successors, and assigns, that it will not construct, create, or allow vehicle access to Wild Rose Lane from Lot 1. nd Passed, approved and adopted this 22 day of January 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ACCEPTANCE OF RESOLUTION NO. 11-13 I, the undersigned, Ken Kress, representing WMK Investment Properties, having read the terms and conditions of the Resolution No. 11-13 and being familiar with the condi- tions thereof, hereby accept the same and agree to the conditions required herein for Lot 1 of Wild Rose Place No. 2. rd Dated in Dubuque, Iowa this 3 day of January 2013. Ken Kress, WMK Investment Properties th Plat of Survey - 251-253 W. 17 Street: Zoning Advisory Commission recommending th approving of the Plat of Survey for property located at 251-253 W. 17 Street as re- quested by the City of Dubuque. Upon motion the documents were received and filed and Resolution No. 12-13 Approving the Plat of Survey of Lot 1 and Lot 1A of Dorgan's Subdivision No. 2 in Dubuque, Iowa, was adopted. RESOLUTION NO. 12-13 APPROVING THE PLAT OF SURVEY OF LOT 1 AND LOT 1A OF DORGAN’S SUB- DIVISION NO. 2 IN DUBUQUE, IOWA Whereas, There has been filed with the City Clerk a Plat of Survey of Lot 1 and Lot 1A of Dorgan‘s Subdivision No. 2 in the city of Dubuque, Iowa; and Whereas, said Plat of Survey provides 25 feet of frontage for Lot 1 on a public or ap- proved private street, and 4,432 square feet of Lot area, where 50 feet of street frontage and 5,000 ft. of Lot area is required by Section 11-14 of Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code; and Whereas, said Plat of Survey has been examined by the Zoning Advisory Commis- sion and had its approval endorsed thereon; and Whereas, said Plat of Survey has been examined by the City Council and they find that it conforms to the statutes and ordinances relating thereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Section 11-14 of Title 16 of the Code of Ordinances, Unified Devel- opment Code, is waived to allow 25 feet of frontage on a public street or an approved private street and 4,432 square feet of Lot area for Lot 1. Section 2. That the Plat of Survey of Lot 1 and Lot 1A of Dorgan’s Subdivision No. 2 is hereby approved and the Mayor and City Clerk are hereby authorized and directed to endorse the approval of the City of Dubuque, Iowa upon said Plat of Survey. nd Passed, approved and adopted this 22 day of January 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 3 Iowa Economic Development Authority - CDBG Contract Amendments: Correspond- ence from the Iowa Economic Development Authority advising the City of Amendment No. 2 to CDBG contract number 008-DRH-212 (Caradco), which extends the contract date to March 31, 2013; and transmitting an executed copy of Amendment No. 3 to CDBG contract number 08-DRIFWP-203 (Watershed Management). Upon motion the documents were received and filed. QuadGraphics: Correspondence from Gregg Bolt, Executive Vice President of Hu- man Resources and Administration for QuadGraphics, informing the City of plans to re- structure certain operations at its facility located at 2470 Kerper Blvd. and the positions effected. Upon motion the documents were received and filed. Revitalize Iowa's Sound Economy (RISE) - Grant Application: City Manager recom- mending approval of a resolution endorsing a Revitalize Iowa's Sound Economy (RISE) grant application for a new street to serve approximately 78 acres of new industrial property located on the former South Siegert Farm. Upon motion the documents were received and filed and Resolution No. 13-13 Endorsing the submission of a Revitalize Iowa's Sound Economy (RISE) Application to the Iowa Department of Transportation for the construction of a new street in Dubuque Industrial Center South was adopted. RESOLUTION NO 13-13 ENDORSING THE SUBMISSION OF A REVITALIZE IOWA'S SOUND ECONOMY (RISE) APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF A NEW STREET IN DUBUQUE INDUSTRIAL CENTER SOUTH Whereas, the City of Dubuque believes that economic development opportunities re- quire developable industrial land with adequate public infrastructure in order to retain and attract new job creating businesses and industries to this community; and Whereas, the City of Dubuque is working with local and national industries in the de- velopment of industrial properties in the new Dubuque Industrial Center South; and Whereas, the Iowa Department of Transportation, through its Revitalize Iowa's Sound Economy (RISE) Competitive Project Funding, has monies available for the develop- ment of public roadways to support economic development opportunities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby endorses the application to the Iowa De- partment of Transportation for RISE Competitive funding to provide roadway access to new industrial sites in the Dubuque Industrial Center South. Section 2. That the City of Dubuque hereby certifies that the roadway improvements will be dedicated to public use and will remain so dedicated to public use and that Tax Increment Financing will be available to finance the City's portion of project costs. Section 3. That the new street will provide access to industrial properties in the new Dubuque Industrial Center South. Section 4. That the City of Dubuque hereby assumes responsibility for and ongoing maintenance of these roadway improvements and ensures that the roadway will be ad- equately maintained in the future. Section 5. That the City Manager is authorized to sign, on behalf of the City Council, the application for RISE funding. nd Passed, approved and adopted this 22 day of January 2013. 4 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Civil Service Commission: Civil Service Commission submitting the certified list for the position of Police Corporal. Upon motion the documents were received and filed. January 14, 2013 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, a promotional examination for the position of Police Corporal was administered on November 14, 2012. We hereby certify that the individuals listed below have passed the combined test and interview scores and any vacancy for this position should be made from this list and that this list is good for two years (January 14, 2015). Police Corporal Hernandez, Michael, Deutsch, Bruce, Ryan, Stanley, Rosenthal, Kurt, Wullweber, Brian, Basten, Danielle, McClimon, Ted, Bock, Luke, Randall, David and Stair, Justin Respectfully Submitted, Daniel White, Chairperson Betty Takes Civil Service Commission Brunskill Street Place No. 1: City Manager recommending acceptance of the public sanitary sewer improvements that the developer, McDermott Brothers Construction, has recently completed in Brunskill Street Place No. 1. Upon motion the documents were received and filed and Resolution No. 14-13 Accepting Public Improvements in Brunskill Street Place No. 1 was adopted. RESOLUTION NO. 14-13 ACCEPTING PUBLIC IMPROVEMENTS IN BRUNSKILL STREET PLACE NO. 1 Whereas, pursuant to Resolution 342-12, certain public improvements including storm water detention facilities and sanitary sewer were installed by McDermott Broth- ers Construction, the developer of Brunskill Street Place No. 1 and; Whereas, the improvements, except for storm water detention facilities, have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public sanitary sewer improvements in Brunskill Street Place No.1, be and the same is hereby accepted. Section 2. That maintenance of said improvements shall be the responsibility of the owner, McDermott Brothers Construction for a period of two (2) years from the date of this resolution. 5 Section 3. That the watermain and driveway serving Brunskill Street Place No. 1 shall remain private with maintenance to be the responsibility of the developer, McDermott Brothers Construction, their successors or assigns. nd Passed, adopted and approved this 22 day of January, 2013. Roy D. Buol, Mayor Kevin S. Firnstahl, City Clerk Attest: English Ridge Subdivision: City Manager recommending acceptance of the public improvements, with the exception of the stormwater detention facilities, that the devel- oper, English Ridge, LLC has recently completed in English Ridge Subdivision. Upon motion the documents were received and filed and Resolution No. 15-13 Accepting pub- lic improvements in English Ridge Subdivision was adopted. RESOLUTION NO. 15-13 ACCEPTING PUBLIC IMPROVEMENTS IN ENGLISH RIDGE SUBDIVISION Whereas, pursuant to Resolution 31-09, certain public improvements including street paving, storm sewer, storm water detention facilities, sanitary sewer, watermain, and street lighting were installed by the developer of English Ridge Subdivision; and Whereas, the improvements, except for storm water detention facilities, have been completed and the City Manager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conformance with City specifications, and has recommended that the improvements be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said public improvements in English Ridge Subdivision, except the storm water de- tention facilities, be and the same is hereby accepted. Section 2. That maintenance of said improvements shall be the responsibility of the owner, English Ridge L.L.C. for a period of two (2) years from the date of this resolution. nd Passed, adopted and approved this 22 day of January, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Loras Estates - Sanitary Sewer and Watermain Improvements: City Manager rec- ommending acceptance of the sanitary sewer and watermain improvements that the developers, Ronald L. and Janice M. Smith, have recently completed in Loras Estates. Upon motion the documents were received and filed and Resolution No. 16-13 Accept- ing sanitary sewer and watermain improvements in Loras Estates was adopted. RESOLUTION NO. 16-13 ACCEPTING SANITARY SEWER AND WATERMAIN IMPROVEMENTS IN LORAS ESTATES Whereas, pursuant to Resolution 342-99, certain public improvements including a sanitary sewer and watermain were installed by the developer of Loras Estates; and Whereas, the sanitary sewer and watermain have been completed and the City Man- ager has examined the work and has filed a certificate stating that the same has been completed in accordance with the plans approved by the City Council and in conform- 6 ance with City specifications, and has recommended that the sanitary sewer and wa- termain be accepted by the City Council. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the recommendation of the City Manager be approved and that said sanitary sewer and watermain in Loras Estates be and the same is hereby accepted. Section 2. That maintenance of the private streets, storm sewer and stormwater de- tention facilities shall be the responsibility of the Loras Estates Property Owners Asso- ciation. nd Passed, adopted and approved this 22 day of January, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Harvest View Estates - Vacate of Sanitary Sewer Easement: City Manager recom- mending approval of a resolution acknowledging the vacation of the sanitary sewer easement in Harvest View Estates First Addition. Upon motion the documents were re- ceived and filed and Resolution No. 17-13 Acknowledging the vacation of a sanitary sewer easement in Lot 1 of Lot 1 of Lot 1 of the east half of the southwest quarter of Section 16, T89N, R2E of the Fifth Principal Meridian in the City of Dubuque, Dubuque County, Iowa, was adopted. RESOLUTION NO. 17-13 ACKNOWLEDGING THE VACATION OF A SANITARY SEWER EASEMENT IN LOT 1 OF LOT 1 OF LOT 1 OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 16, T89N, R2E OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, by Grant of Easement dated February 19, 1982, Lester Hilby granted to the City of Dubuque an easement through and across Lot 1 of Lot 1 of Lot 1 of the East half of the Southwest Quarter of Section 16, T89N, R2E of the Fifth PM in the City of Dubu- que, Iowa, as shown on Exhibit A (the Easement); and Whereas, the Easement was platted in the Plat of Survey recorded May 8, 2001 as Instrument no. 6466-01 records of Dubuque County, Iowa, as shown on Exhibit B; and Whereas, by Resolution No. 116-06 the City Council accepted certain public im- provements in Harvest View Estates and Harvest Business Center as indicated on Ex- hibit C, and it was the intent of the City Council that the Easement would be abandoned upon dedication of a new easement for such improvements and acceptance of such public improvements; and Whereas, by Resolution No. 349-01 the public improvements were accepted by the City Council and a new easement for such improvements was established as shown on Exhibit D; and Whereas, the City Council now desires to declare its intent that the Easement on Ex- hibit B should stand as abandoned. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The Easement shown on Exhibit B is hereby declared abandoned. Section 2. The City Clerk is hereby authorized and directed to record this Resolution with the Dubuque County Recorder. nd Passed, approved and adopted this 22 day of January, 2013. Roy D. Buol, Mayor 7 Attest: Kevin S. Firnstahl, City Clerk Seippel Road - Dedication of Right-of-Way: City Manager recommending acceptance of a Quit Claim Deed for Seippel Road right-of-way from JLD Investments, LLC. Upon motion the documents were received and filed and Resolution No. 18-13 Accepting a conveyance of property was adopted. RESOLUTION NO.18-13 ACCEPTING A CONVEYANCE OF PROPERTY Whereas, the City of Dubuque entered into an agreement with JLD Investments, LLC pursuant to which JLD, Investments agreed to convey Lot 2 of Seippel Road Commer- cial Park, Plat 3, in the City of Dubuque, Dubuque County, Iowa, as shown on the Plat of Survey recorded as File No. 2008-6147 in the Office of the Dubuque County Record- er; and Whereas, JLD Investments, LLC, has executed a conveyance of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts, and consents to the Quit Claim Deed from JLD Investments, LLC, copies of which are attached hereto, as required by Iowa Code Section 569.7. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. nd Passed, approved and adopted this 22 day of January, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC City Clerk Stipulation of Settlement - Property Tax Appeal: City Attorney recommending ap- proval of the Stipulation of Settlement for Kohl's Department Store, 2595 NW Arterial, property tax protest. Upon motion the documents were received, filed and approved. Dubuque Jaycees - Veterans' Memorial Park Lease: City Manager recommending approval of a one-year agreement with the Dubuque Jaycees to operate a community garden at Veterans' Memorial Park. Upon motion the documents were received, filed and approved. North Fork Containment Wall Project: City Manager recommending that the award for the North Fork Containment Wall Project be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. AmeriCorps 2013-2014 Grant Application: City Manager requesting approval to sub- mit the 2013-2014 AmeriCorps grant application. Upon motion the documents were re- ceived, filed and approved. Jeld-Wen, Inc. - Co-Generation Agreement: City Attorney recommending approval of a Co-Generation Agreement between the City and Jeld-Wen, Inc. Upon motion the documents were received, filed and approved. 8 Alcohol Compliance Civil Penalty for Alcohol License Holders - Beecher Beverage: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Beecher Beverage, 1691 Asbury Road. Upon motion the documents were received, filed and approved. Alcohol Compliance Civil Penalty for Alcohol License Holders - Kwik Star #495: City Manager recommending approval of the Acknowledgment/Settlement Agreement for an alcohol compliance violation for Kwik Star #495, 2685 Dodge Street. Upon motion the documents were received, filed and approved. Alcohol and Tobacco License Applications: City Manager recommending approval of annual liquor, beer, wine and tobacco licenses applications as submitted. Upon motion the documents were received and filed and Resolution No. 19-13 Approving applica- tions for beer, liquor, and/or wine permits, as required by City of Dubuque Code of Ordi- nances Title 4, Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 20-13 Approving ap- plications for retail cigarette/tobacco sales permits, as required by Iowa Code 453A.47A were adopted. RESOLUTION NO. 19-13 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 LIQ- UOR, 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 ap- proved; 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: Renewals Baymont Inn & Suites 4025 McDonald Dr. Class B Liquor (Hotel/Motel) (Outdoor) (Sunday) Cedar Cross Amoco 1200 Cedar Cross Rd. Class B Native Wine (Sunday) Dollar General Store #6896 605 W Locust St. Class C Beer, Class B Wine (Carryout Wine) (Sunday) Hartig Drug Company #8 1600 University Ave. Class E Liquor, Class B Wine, Class C Beer (Carryout Beer/Wine) (Sunday) Mario's Italian Restaurant 1298 Main St. Class C Liquor Pizza Hut #4690 2075 J F K Rd. Class B Beer (Includes Wine Coolers) (Sunday) Pizza Hut #4691 320 East 20 th St. Class B Beer (Includes Wine Coolers) (Sunday) Taiko Japanese Restaurant 2155 S. Park Ct. Class C Liquor (Sunday) The Richards House B&B 1492 Locust St. Class B Native Wine (Living Quarters) 9 New Eronel 285 Main St. Class C Liquor (Sunday) Transfer of Premise Rotary Club of Dubuque To 955 Washington St. On 2-8-13 and 3-22-13 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. Roy D. Buol, Mayor Kevin S. Firnstahl, City Clerk Attest: RESOLUTION NO. 20-13 APPROVING APPLICATIONS FOR RETAIL CIGARETTE/TOBACCO SALES PER- MITS, AS REQUIRED BY IOWA CODE 453A.47A. Whereas, applications for Cigarette/Tobacco Sales 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 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: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and locations for cigarette/tobacco sales permit. Eronel, LLC, 285 Main St., Dubuque, IA. 52001 nd Passed, approved and adopted this 22 day of January, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 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. Asbury Tank Reconditioning Project: City Manager recommending initiation of the bidding process for the Asbury Tank Reconditioning Project and further recommends that a public hearing be set for February 4, 2013. Upon motion the documents were re- ceived and filed and Resolution No. 21-13 Preliminary approval of the specifications, form of contract, and estimated cost; setting date of public hearing on the specifications, form of contract, and estimated cost; and ordering the advertisement for bids (Asbury Tank Reconditioning Project) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 4, 2013 in the Historic Federal Building. RESOLUTION NO. 21-13 PRELIMINARY APPROVAL OF THE SPECIFICATIONS, FORM OF CONTRACT, 10 AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON THE SPECIFI- CATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the con- struction cost for the project to recondition the Asbury tank are hereby preliminarily ap- proved and ordered filed in the office of the City Clerk for public inspection. th A public hearing will be held on the 4 day of February, 2013, at 6:30 p.m. in the His- toric Federal Building Council Chambers at which time interested persons may appear and be heard for or against the proposed specifications, form of contract and estimated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed specifi- cations, form of contract, or estimated cost of the Project. The Asbury Tank Reconditioning Project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty-five days before the date for filing bids before th 10:00 a.m. on the 11 day of February, 2013. Bids shall be opened and read by the City Clerk at 10:00 a.m. and will be submitted to the City Council for final action at the public th hearing at 6:30 p.m. on the 18 day of February, 2013, in the Historic Federal Building th Council Chambers (Second Floor), 350 West 6 Street, Dubuque, Iowa. nd Passed, adopted and approved this 22 day of January, 2013. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Weaver Castle, LLC - Development Agreement: City Manager recommending that public hearing be set for February 4, 2013, to approve a Development Agreement with Weaver Castle, LLC to redevelop property located at 407-409 Loras Boulevard. Upon motion the documents were received and filed and Resolution No. 22-13 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 February 4, 2013 in the Historic Federal Building. RESOLUTION NO. 22-13 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 DEVELOP- MENT AGREEMENT RELATING THERETO WITH WEAVER CASTLE, LLC, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF 11 Whereas, City and Weaver Castle, LLC have entered into a Development Agree- ment, subject to the approval of the City Council, a copy of which is now on file at the th 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 in- terests of the City to approve the Development Agreement, with Weaver Castle, LLC; and Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carrying out the rehabilitation of property located at 407-409 Loras Blvd 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. 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 this Resolution and a notice to be published as prescribed by Iowa Code Section 403.9 of a public hearing on the City's intent authorize Urban Renewal Tax Increment Revenue obliga- th tions, to be held on the 4 day of February, 2013, at 6:30 o'clock p.m. in the City Coun- th cil Chambers at the Historic Federal 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 Urban Renewal Tax Increment Revenue obligations and the execution of the Development Agreement relating thereto with Weaver Castle, LLC, the proceeds of which obligations will be used to carry out certain of the special financing activities described in the Greater Downtown Urban Renewal District, consist- ing of the funding of economic developments grants to Weaver Castle, LLC pursuant to the Development Agreement under the terms and conditions of said West 11th Street Urban Revitalization District Plan. It is expected that the aggregate amount of the Tax Increment Revenue obligations is approximately $75,000. 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, pub- lished 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 [provided] hereto. th Passed, approved and adopted this 22 day of January, 2013. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk BOARDS/COMMISSIONS Appointments were made to the following Boards/Commission to be made at this meeting: Community Development Advisory Commission: Two 3-Year terms through February 1, 2016 (Expiring terms of Caldwell and Maloy) Applicants: Theresa M. Caldwell, 1633 12 Elm St.; and Paula Maloy, SVM, 2950 Kaufmann Ave. Motion by Lynch to appoint The- resa Caldwell and Paula Maloy to 3-year terms through February 1, 2016. Seconded by Jones. Motion carried 7-0. 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 Chris- topher Welch, 164 Main St. Motion by Connors to appoint all 7 applicants to 1-year terms through December 31, 2013. Seconded by Jones. Motion carried 7-0. Sister City Relationship 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. Motion by Lynch to appoint Betty Phillips and Louise Thurn to 3-year terms through February 1, 2016. Seconded by Braig. Mo- tion carried 7-0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Request to Rezone - 900 Seippel Road: Proof of publication on notice of public hear- ing to consider a request by Joe and Linda Delaney / JLD Investments, LLC to rezone property located at 900 Seippel Road (Lot 2 Seippel Road Commercial Park #4) from CS Commercial Service and Wholesale District with conditions to AG Agricultural Dis- trict 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 Connors. Planning Services Man- ager Laura Carstens provided a staff report. Motion carried 7-0. Motion by Lynch for final consideration and passage of Ordinance No. 1-13 Amend- ing Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter described property located at 900 Seippel Road from CS Commercial Service and Wholesale District, with Conditions, to AG Agricultural District. Seconded by Braig. Motion carried 7-0. OFFICIAL PUBLICATION ORDINANCE NO. 1-13 AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI- FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED PROPERTY LOCATED AT 900 SEIPPEL ROAD FROM CS COMMERCIAL SERVICE AND WHOLESALE DISTRICT, WITH CONDITIONS, TO AG AGRICULTURAL DIS- TRICT. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, the Unified De- velopment Code, is hereby amended by reclassifying the hereinafter described property from CS Commercial Service and Wholesale District, with conditions, to AG Agricultural District, to wit: 13 Lot 2 of Seippel Road Commercial Park, Plat 4, and to the centerline of the ad- joining public right-of-way, all in the City of Dubuque, Iowa. Section 2. That the foregoing amendment has heretofore been reviewed by the Zon- ing Advisory Commission of the City of Dubuque, Iowa. Section 3. This Ordinance shall take effect immediately upon publication as provided by law. nd Passed, approved and adopted this 22 day of January, 2013. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk th Published officially in the Telegraph Herald newspaper on the 25 day of January 2013. /s/Kevin S. Firnstahl, City Clerk Dubuque County Regional Smart Plan: Proof of publication on notice of public hear- ing to consider adoption of the Dubuque County Regional Smart Plan and the City Manager recommending approval. Motion by Jones to receive and file the documents including correspondence received from the Long Range Planning Advisory Commis- sion and adopt Resolution No. 23-13 Adopting Dubuque County Regional Smart Plan. Seconded by Resnick. Resnick stated that the entire plan is available for viewing by the public from the City’s web page. Motion carried 7-0. RESOLUTION NO. 23-13 ADOPTING 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 (AR- RA), distributed through the Iowa Economic Development Authority (IEDA) for the pur- pose 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 (collabora- tion; 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 ap- propriate 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 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 adopts the Dubuque County Regional Smart Plan as a policy document to be considered when updating the City of Dubuque Com- prehensive Plan. nd Passed, approved and adopted this 22 day of January2013. 14 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Rousselot, Inc. - Development Agreement: Proof of Publication on notice of public hearing to consider approval of a Development Agreement with Rousselot, Inc., for a 9,000 square-foot expansion to its facility at 2350 Kerper Blvd. and the City Manager recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 24-13 Approving issuance of Urban Renewal Tax Increment Revenue Obligations and the execution of a Development Agreement relating thereto with Rousselot, Inc. Seconded by Jones. Motion carried 7-0. RESOLUTION NO. 24-13 APPROVING ISSUANCE OF URBAN RENEWAL TAX INCREMENT REVENUE OB- LIGATIONS AND THE EXECUTION OF A DEVELOPMENT AGREEMENT RELATING THERETO WITH ROUSSELOT, INC. Whereas, the City Council, by Resolution No. 6-13, dated January 7, 2013 declared its intent to enter into a Development Agreement with Rousselot, Inc.; and Whereas, pursuant to published notice, a public hearing was held on the issuance of Urban Renewal Tax Increment Obligations on January 22, 2013 at 6:30 p.m. in the His- th toric Federal Building, 350 W. 6 Street, Dubuque, Iowa; and Whereas, it is the determination of the City council to approve the Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carry- ing out an Urban Renewal Plan as hereinafter described is in the public interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Development Agreement by and between the City of Dubuque and Rousselot, Inc. is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Devel- opment Agreement on behalf of the City and City Clerk is authorized and directed to at- test to his signature. Section 3. That the City Manager is authorized to take such actions as are necessary to comply with the terms of the Development Agreement as herein approved. nd Passed, approved and adopted this 22 day of January, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Five Flags Center Annual Report Presentation: Five Flags Center Manager Joyce White of SMG gave a presentation on the current fiscal year activities and future plans for the Five Flags Center, which included information on positive budget numbers since the elimination of revenue from ice events, percentages of usage in the catego- ries of performing arts, community events, and entertainment; the use of social media services and marketing assessments; and the web site redesign. Motion by Jones to 15 receive and file the documents and information. Seconded by Resnick. Motion carried 7-0. Automated Vehicle Location (AVL) System Presentation: Street and Sewer Mainte- nance Supervisor John Klostermann gave a slide presentation regarding the City of Dubuque's Automatic Vehicle Location (AVL) system equipment installed in the Public Works Department's snow and ice control trucks and heavy equipment, which allows the City to electronically track its plowing operations. Klostermann described the new plowing operations map now available on the City’s web page that enables citizens to monitor plowing progress and history through color-coded, user-friendly mapping con- nected to the AVL system. Motion by Connors to receive and file the documents and information. Seconded by Jones. Motion carried 7-0. th Rainbo Oil Lease Agreement- 16 Street Corridor: City Manager recommending utili- zation of the attached proceedings (1) if a competitive proposal is submitted prior to the posted deadline; or, (2) if no competitive proposal is submitted, recommends approval of the resolution accepting the proposal submitted by Rainbo Oil Co. DBA Kwik Stop C- Stores. Motion by Braig to receive and file the documents and adopt Resolution No. 25-13 Approving disposal of an interest in real property owned by the City of Dubuque by lease agreement with Rainbo Oil Co. DBA Kwik Stop C-Stores. Seconded by Jones. Mayor Buol stated that no proposals had been received. Responding to questions from the City Council, Economic Development Director Dave Heiar stated that due to the relationship between Rainbo Oil and Mulgrew Oil, it is expected that the existing station will service truck traffic and the new station will service standard vehicles. Mo- tion carried 7-0. RESOLUTION NO. 25-13 APPROVING DISPOSAL OF AN INTEREST IN REAL PROPERTY OWNED BY THE CITY OF DUBUQUE BY LEASE AGREEMENT WITH RAINBO OIL CO. DBA KWIK STOP C-STORES Whereas, the City of Dubuque, Iowa is the owner of the real property described in Exhibit A attached hereto (approximately 3.25 acres) located at the corner of 16th Street and Kerper Boulevard (the Property); and Whereas, the City of Dubuque, Iowa, is interested in stimulating reinvestment in the Greater Downtown Urban Renewal District; and Whereas, Rainbo Oil, Co. DBA Kwik Stop C-Stores has proposed a Lease Agree- ment for the Property to construct a fueling station, convenience store and a restaurant; and Whereas, the City Clerk published a notice as required by law soliciting competitive proposal for the Property; and Whereas, as of 10:00 a.m. on January 22, 2013, the City Clerk received no competi- tive proposals for the Property; and Whereas, the City Council believes it is in the best interest of the City of Dubuque to approve the Lease Agreement proposed by Rainbo Oil, Co. DBA Kwik Stop C-Stores. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Lease Agreement between the City and Rainbo Oil, Co. DBA Kwik Stop C-Stores is hereby approved. Section 2. The Mayor is authorized and directed to execute said Lease Agreement 16 on behalf of the City of Dubuque. nd Passed, approved and adopted this 22 day of January, 2013. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Warehouse Redevelopment, LLC - Parking Agreement Amendment: City Manager recommending approval of the First Amendment to Purchase Agreement (Offer to Buy and Acceptance) between the City of Dubuque and Warehouse Redevelopment, LLC related to parking for the Caradco Project. Motion by Connors to receive and file the documents and adopt Resolution No. 26-13 Approving the First Amendment to an agreement for the purchase of real estate In the Historic Millwork District, City of Dubu- que, Iowa, commonly referred to as the Alamo Site (Foundry Building Area) from Ware- house Redevelopment, LLC. Seconded by Jones. Responding to questions from the City Council, Economic Development Director Dave Heiar stated that the surface park- ing lot will remain until details regarding the use of the new facility can be clarified with the Federal Transit Administration at an upcoming meeting in February. Motion carried 7-0. RESOLUTION NO. 26-13 APPROVING THE FIRST AMENDMENT TO AN AGREEMENT FOR THE PURCHASE OF REAL ESTATE IN THE HISTORIC MILLWORK DISTRICT, CITY OF DUBUQUE, IOWA COMMONLY REFERRED TO AS THE ALAMO SITE (FOUNDRY BUILDING AREA) FROM WAREHOUSE REDEVELOPMENT, LLC. Whereas, Warehouse Redevelopment, LLC was the owner of City Lot 2 of Center City Place in the City of Dubuque, Iowa, according to the United States Commissioners’ Map of the Town of Dubuque, Iowa (the Property); and Whereas, the City Council found that it was in the best interests of the City of Dubu- que to purchase the Property for future parking and plaza needs in the Historic Millwork District; and Whereas, the City approved the purchase of this property by Resolution No. 394-10 on October 4, 2010; and Whereas, the Offer to Buy and Acceptance set forth the terms and conditions of the purchase of property from Warehouse Redevelopment, LLC; and Whereas, it has become necessary to modify some of the terms and conditions relat- ed to parking obligations as stated in the original offer to Buy and Acceptance agree- ment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the First Amendment to the Offer to Buy and Acceptance attached hereto, is hereby approved. Section 2. That the City Manager is hereby authorized and directed to execute, on behalf of the City of Dubuque, Iowa, said Amendment. nd Passed, approved and adopted this 22 day of January, 2013. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Request for Proposals - Indoor Aquatic Center Study: City Manager recommending approval of a Request for Proposal for an Indoor Aquatic Center Study. Motion by 17 Jones to receive and file the documents and approve the recommendation. Seconded by Connors. Motion carried 7-0. Smarter Sustainable Dubuque Pilot Project on Smarter Discards: City Manager rec- ommending approval of a Joint Development Agreement with IBM to test a Proof of Concept related to developing an Intelligent Discard Management module as part of IBM's Smarter City suite of software services. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Braig. Responding to questions from the City Council, Resource Management Coordinator Paul Schultz stated that this action approves the development agreement and that information re- garding the budget detail will come to the Council at a future meeting. He added that there funding is available and that hardware purchases will remain property of the City. Motion carried 7-0. Fiscal Year 2014 Budget Policy Guidelines: City Manager recommending adoption of the Fiscal Year 2014 Budget Guidelines. Motion by Braig to receive and file the docu- ments and approve the FY 2014 Budget Policy Guidelines. Seconded by Connors. Responding to questions from the City Council, City Manager Van Milligen discussed the reasoning behind excluding a property tax rate figure due to the impact of a num- ber of components that cannot be determined at this time, such as the Federal Afford- able Care Act, Municipal Fire and Police Retirement pensions, and new laws govern- ing Tax Increment Financing. Motion carried 7-0 Every Child / Every Promise: City Manager recommending setting a work session for March 4, 2013 at 5:30 p.m. regarding the progress made on Every Child / Every Prom- ise objectives as requested by the Community Foundation of Greater Dubuque. Motion by Jones to receive and file the document and set the work session as recommended. Seconded by Braig. Motion carried 7-0. COUNCIL MEMBER REPORTS Mayor Buol reported on his attendance at the recent U.S. Conference of Mayors in Washington D.C. stating that cities across the nation are dealing with a multitude of issues including infrastructure, educated workforce and low graduation rates, sus- tainability, and specifically gun violence perspectives. Buol also noted that Indianapo- lis, Indiana, received a sustainability award for completely converting its city’s fleet from oil-based fuel. Council Member Braig reported on grass roots-level discussions on violence orga- nized by the Sisters of St. Francis at Mt. Carmel. The next meeting will be held on February 3, 2013 at St. Mark Community Center. Council Member Connors reported on her visit with Senator Pam Jochum at the last Cracker Barrel discussion and encouraged attendance at future discussion, which are held monthly. The next Cracker Barrel will be held on February 2, 2013 at the Diamond Jo Casino and the topic is expected to be property tax changes. 18 PUBLIC INPUT Jeff Lenhart, 1711 Clarke Drive, addressed the City Council about an event on the evening of February 22, 2013 at the Diamond Jo Casino where author Will Bowen will discuss his book “A Complaint Free World.” There being no further business, upon motion the City Council adjourned at 8:05 p.m. /s/Kevin S. Firnstahl, CMC City Clerk 19