11 19 12 City Council AgendaROLL CALL ORDER FOR MEETING OF 11/19/2012
Lynch, Resnick, Sutton, Braig, Buol, Connors, Jones
CITY OF DUBUQUE,IOWA
CITY COUNCIL MEETING
Historic Federal Building
350 W. 6th Street
November 19, 2012
Council meetings are video streamed live and archived at
www.citvofdubuuue.orrt /media and on Dubuque's CityChannel on the
Mediacom cable system at Channel8 (analog) and 97.2 (digital).
REGULAR SESSION
6:30 PM
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.
PRESENTATION(S)
1. 1000 Friends of Iowa - 2012 Best Development Awards
Planning Services Laura Carstens to present the 2012 Best Development Awardsfrom the 1000 Friends of Iowa for the Historic
Millwork District Complete Streets Project (New Civic Project) and Riverworks Development (Mixed Use Project).
1000 Friends of Iowa Letter
CONSENT ITEMS
The consent agenda items are considered to be routine and non - controversial and all consent items will be normally voted upon in a single
motion without any separate discussion on a particular item. If youwould liketo discuss one of the Consent Items, please go to the microphone
and be recognized by the Mayor and state the itemyou would like removedfromthe Consent Agenda for separate discussion and
consideration.
1. Minutes and Reports Submitted
City Council proceedings of 1115, Civic Center Advisory Commission of 7123, Investment Oversight Advisory Commission of 10/24,
Safe Community Advisory Committee of 9112, Zoning Advisory Commission of 1117, Zoning Board of Adjustment of 10/25, Proof of
Publication for City Council proceedings of 10/15
Suggested Disposition: Receive and File
cltramorgilhaatttlioallti cikirSaatraldimit222122. I nvestment Oversight Minutes 10174 Safe Com mynev Minutes gM 2 Z ai a
prJvisorvMimites 1117 Zoning Board of Aai ment Mi ILL22. 125 Proof - CAv Council Proceedings 10/15_
2. Notice of Claims and Suits
Lyle Christopherson for vehicle damage.
Suggested Disposition: Receive and File; Refer to City Attorney
Christopherson Claim
3. Preferred Health Choices - Administrative Services Amendment V
City Manager recommending approval to increase the monthly administrative services fee; to approve Amendment V of the
Administrative Services Agreement with Health Choices to provide COBRA administration, payment collection and distribution of the
certificates of credible coverage services; and authorize the City Manager to sign the amendment.
Suggested Disposition: Receive and File; Approve
i1 a r r1 1 -u - r re. -.0 n -
COBRA Notice Adminidratiort
4. Total Administrative Services Corporation (TASC) - Approval of Renewal Rates
City Manager recommending approval of the administrative services fee of Total Administrative Services Corporation (TASC), the
City's flexible spending plan administrator, effective January 1, 2013, through December 31, 2015.
Suggested Disposition: Receive and File; Approve
TASC Approval of Renewal Rates -MVM Memo, Staff Memo,
5. 2012 Weed, Junk, and Garbage Assessments
City Manager is recommending the levy of special assessments for the Weed /Junk/Garbage Enforcement Programs for the period
from March 2012 to October 30, 2012.
RESOLUTION Adopting the Schedule of Assessments for 2012 and Directing the City Clerk to certify the Schedule of Assessments to
the County Treasurer and to publish notice thereof
Suggested Disposition: Receive and File; Adopt Resolution(s)
2012 Liens for Weed Junk Garbage -MVM Memo Staff Memo Resolution, Liens - 2012
6. Fiscal Year 2012 Annual Financial Report
City Manager recommending approval of the City of Dubuque's Fiscal Year 2012 Annual Financial Report.
Suggested Disposition: Receive and File; Approve
Fiscal Year 2012 State of Iowa Annual Financial Report-MVM Memo, Staff Memo , 2012 Annual Financial Report,
7. Partial Release of Mortgage - Davis
City Manager recommending approval of a partial release of a mortgage executed by Bryce S. Davis and Cynthia J. Davis to the City
of Dubuque Housing and Community Development Department.
Suggested Disposition: Receive and File; Approve
Davis Partial Mortgage Release -MVM Memo, Staff Memo, Partial Release of Real Estate Mortgage, Supporting Documentation,
8. Federal Emergency Management Agency (FEMA) - Technical Appeal
City Manager recommending approval of the City of Dubuque's technical appeal of FEMA's revised floodplain maps.
Suggested Disposition: Receive and File; Approve
FEMA Appeal Correspondence -MVM Memo, Staff Memo, FEMA Letter and Maps,
9. Iowa Department of Transportation Grant Agreement - Mines of Spain Trail and Trailhead
City Manager recommending approval of an agreement with the Iowa Department of Transportation for a State Recreational Trails
grant for development of the Mines of Spain Trail and Trailhead Project.
RESOLUTION authorizing State Recreational Trails Grant Agreement with Iowa Department of Transportation for development of the
Mines of Spain Trail and Trailhead
Suggested Disposition: Receive and File; Adopt Resolution(s)
Mines of Spain Trail & Trailhead IDOT Grant Agreement -MVM Memo, Staff Memo, Resolution Grant Application
10. Plat of Survey - McNamer Acres #4
Zoning Advisory Commission recommending approval of the Plat of Survey for McNamer Acres #4 (1600 Block of Old Mill Road)
subject to waiving the lot frontage requirement for Lot 1.
RESOLUTION approving the Plat of Survey of McNamer Acres #4 in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Commission Letter, Staff Memo, Applicant Materials, Resolution,
11. Port of Dubuque Watermain Extension Project - Canadian Pacific Railroad Agreement
City Manager recommending approval of a Utility Crossing Permit with the Canadian Pacific Railroad to allow for the construction of
the Port of Dubuque Watermain Extension Project.
Suggested Disposition: Receive and File; Approve
Canadian Pacific Railroad Permit for Port of Dubuque Watermain Proiect -MVM Memo, Staff Memo, Agreement
12. PEG Capital Expenditure Request
City Manager recommending approval of the Cable TV Commission's request for up to $15,000 from the Public, Educational, and
Government (PEG) Capital Grant for Access Equipment and Facilities to purchase production equipment, including a camera, tripod,
lights, accessories, editing computer, and software for Sageville School.
Suggested Disposition: Receive and File; Approve
PEG Capital Expenditure Request -MVM Memo, Staff Memo , Grant Application,
13. Workers' Compensation Compromise Settlement Agreements
City Attorney recommending approval of three Compromise Settlement Agreements regarding the Randall Koster Workers'
Compensation claims that were filed against the City of Dubuque.
Suggested Disposition: Receive and File; Approve
Staff Memo, CompromiseSettlement DOI 021611, CompromiseSettlement DOI 032311, CompromiseSettlement DOI 071311,
14. Multi - Family Rental Unit New Production - Round 5
City Manager recommending approval for City Staff, along with ECIA, to work with area developers for submittal of CDBG Multi - Family
Rental Unit Production - Round 5 applications, and to narrow the field to the most competitive applications.
Suggested Disposition: Receive and File; Approve
Multi - Family Rental Unit New Production Round 5 -MVM Memo Staff Memo
15. Improvement Contracts 1 Performance, Payment and Maintenance Bonds
Giese Manufacturing for the Historic White Water Creek Bridge Restoration Project Phase 5 - Fencing; Tschiggfrie Excavating, Inc. for
the Port of Dubuque Watermain Extension Project.
Suggested Disposition: Receive and File; Approve
Giese Contract and Bond, Tschiggfrie Contract and Bond,
16. Alcohol and Tobacco License Applications
City Manager recommending approval of annual liquor, beer, wine and tobacco licenses applications as submitted.
RESOLUTION 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
RESOLUTION Approving applications for retail cigarette /tobacco sales permits, as required by Iowa Code 453A.47A.
Suggested Disposition: Receive and File; Adopt Resolution(s)
Liquor License Renewals -MVM Memo Police Memo, Liquor /Beer Resolution, Tobacco Resolution
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date indicated.
1. Code of Ordinances - Residential Parking Permit District Amendment
City Manager recommending that a public hearing be set for December 3, 2012 to consider a Residential Parking Permit District
Amendment on Marjorie Circle from Pennsylvania Avenue to Amy Court , Amy Court from Marjorie Circle to northern terminus, and
Lucy Drive from Pennsylvania Avenue to Welu Drive.
(PROPOSED) ORDINANCE Amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking,
Division 7 Residential Parking Permit Program, Section 9 -14- 321.736 Residential Parking Permit District D by Adding Marjorie Circle
Between Pennsylvania Avenue and Amy Court and adjusting the days of the parking restrictions to cover school days only
Suggested Disposition: Receive and File; Public Hearing 1213112
Marione Circle Residential Parking Permit District -MVM Memo, Staff Memo, Ordinance, District Amendment- Map , Petition,
BOARDS /COMMISSIONS
Applicants are invited to address the City Council regarding their desire to serve on the following Boards /Commissions; applicant
appointments will be made at the next City Council meeting.
Appointments to be made to the following Boards and Commission:
Civic Center Commission
One 3 -Year term through June 29, 2013 (Vacant term of Fields)
Applicants:
McKenzie R. Hill, 3941/ Bluff St. #2
Jeff Lenhart, 1711 Clarke Dr.
Environmental Stewardship Advisory Commission
One 3 -Year term through October 1, 2015 (Expired term of Walter)
Applicants:
David Koch, 1950 Admiral St.
Gina Makris, 166 Bluff St.
Human Rights Commission
One 3 -Year term through January 1, 2015 (Vacant term of Krey)
Applicant:
Jeff Lenhart, 1711 Clarke Dr.
This commission is subject to the State of Iowa Gender Balance Law.
Investment Oversight Advisory Committee
One 3 -Year term through July 1, 2015 (Vacant term of King)
Applicant:
Rick Runde, 1034 Barbaralee Dr.
Mediacom Charitable Foundation
One 1 -Year term through December 31, 2013 (Expired terms of Chavenelle)
Applicant:
Gail Chavenelle, 1155 Kelly Ln.
Mississippi River Partnership Council
One 3 -Year term through December 31, 2015
Applicant:
Edward Cawley, 598 Needham
Boards Overview Sheet, Boards Latest Listing, Civic Center Advisory Commission Applications, Environmental Stewardship Advisory
Commission Applications Human Rights Commission Application Investment Oversight Advisory Commission Application, Mediacom
Charitable Foundation Application Mississippi River Partnership Council Application, Gender Balance Law, Gender Balance City Breakdown
Gender Balancer Q &A,
PUBLIC HEARINGS
Citizens are invited to address the City Council regarding the following agenda items. Please come to the podium and
state your name and address when the item you wish to speak to is being considered.
SUSPEND THE RULES
1. Brunskill Road Bridge Reconstruction Project
Proof of publication on notice of public hearing to consider the plans, specifications, estimated cost, and form of contract for the
Brunskill Road Bridge Reconstruction Project and the City Manager recommending approval.
RESOLUTION Approval of plans, specifications, form of contract, and estimated cost for the Brunskill Road ridge Reconstruction
Project, Iowa DOT NO. BROS -2100 (659)- -8J -31
Suggested Disposition: Receive and File; Adopt Resolution(s)
Brunskill Road Bridge Reconstruction Proiect -MVM Memo, Staff Memo, Resolution Materials from the 11/5/12 Meeting Proof of Publication
2. Hillcrest Family Services - Request to Vacate Storm Sewer Easement
Proof of publication on notice of public hearing to consider a request by Hillcrest Family Services to vacate a storm sewer easement on
Lot 1 of Peterson Subdivision No. 2 and the City Manager recommending approval.
RESOLUTION Release of storm sewer easements over and across a portion of Lot 1 Peterson Subdivision No. 2 in the City of
Dubuque, Dubuque County, Iowa
RESOLUTION Disposing of City interest in storm sewer easements on Lot 1 of Peterson Subdivision No. 2 in the City of Dubuque,
Dubuque County, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Dispose of Easement Lot 1 Peterson Subdivision No 2 -MVM Memo Staff Memo Resolution - Release of Easement Resolution - Disposing
Material from 11/5/12 Meeting, Proof of Publication
3. Request to Rezone - 2995 Asbury Road
Proof of publication on notice of public hearing to consider a request from Louise and Irene Bassler to rezone property located at 2995
Asbury Road from R -1 Single- Family Residential to OR Office Residential and the Zoning Advisory Commission recommending
approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by reclassifying hereinafter
described property located at 2995 Asbury from R -1 Single Family Residential District to OR Office Residential District
Suggested Disposition: Receive and File; Motion B; Motion A
Commission Letter, Applicant Materials, Staff Materials, Ordinance, Suggested Motion,
4. University of Dubuque - Amend ID District
Proof of publication on notice of public hearing to consider a request from the University of Dubuque, 2000 University Avenue, to
amend the ID Institutional District Campus Plan to change an outdoor practice field into an indoor practice facility and the Zoning
Advisory Commission recommending approval.
ORDINANCE Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development Code, by providing for the
amendment of Ordinance 2 -11 and approval of an Amended Campus Development Plan for the University Of Dubuque to allow
construction of an indoor practice facility on the South Campus west of University Park Drive
Suggested Disposition: Receive and File; Motion B; Motion A
Commission Letter Applicant Materials Staff Materials, Ordinance, Suggested Motion,
REINSTATE THE RULES
This action limits discussion to the City Council.
ACTION ITEMS
These are items where discussion is held by the City Council - public comments are not allowed except as authorized by
the Mayor.
1. Dubuque Main Street - NEA "Our Town" Grant / ArtSpace Feasibility Study Update
Dubuque Main Street Executive Director Dan LoBianco to provide a report on the Nation Endowment for the Arts (NEA) Our Town
Grant and ArtSpace Feasibility Study.
Suggested Disposition: Receive and File
NEA Artspace Report,
2. Code of Ordinances - ADA Readily Achievable Determinations (Second Reading)
City Manager recommending approval of an update to the City's Accessibility Code to clarify how the readily achievable standards is
determined and provide for the use of alternative methods of reasonable accommodations in the event that the barrier removal is not
readily achievable.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article 1
Accessibility Code for Readily Achievable Changes, Section 14 -11 -3 Removal of Architectural Barriers if Readily Achievable by adding
language to clarify that the determination of Readily Achievable within the City of Dubuque will be made by the City Manager
Suggested Disposition: Receive and File; Motion B; Motion A
ADA Readily Achievable Determinations -MVM Memo, Staff Memo , Readily Achievable Ordinance, ADA Readily Achievable Policy, Suggested
Motion,
3. General Obligation Bonds, Series 2012E - Complete Issuance
City Manager recommending approval of the suggested proceedings to complete the action required on the recent Series 2012E bond
issuance.
RESOLUTION Appointing Wells Fargo Bank, National Association of Minneapolis, Minnesota, to serve as paying agent, bond
registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the
execution of the agreement
RESOLUTION Authorizing and providing for the issuance of $3,640,000 General Obligation Bonds, Series 2012E, and levying a tax to
pay said bonds
Suggested Disposition: Receive and File; Adopt Resolution(s)
$3,640,000 General Obligation Bonds, Series 2012E Complete Issuance - MVM Memo, Staff memo, Public Notice, Bond Counsel Letter,
Resolution - Appointing Paving Agent Resolution - Authorizing Issuance Material from 11/5 Meeting,
4. Taxable General Obligation Bonds, Series 2012F - Complete Issuance
City Manager recommending approval of the suggested proceedings to complete the action required on the recent Series 2012F bond
issuance.
RESOLUTION Appointing Wells Fargo Bank, National Association of Minneapolis, Minnesota, to serve as paying agent, bond
registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the
execution of the agreement
RESOLUTION Authorizing and providing for the issuance of $1,035,000 Taxable General Obligation Bonds, Series 2012F, and levying
a tax to pay said bonds
Suggested Disposition: Receive and File; Adopt Resolution(s)
$1,035,000 Taxable General Obligation Bonds, Series 2012F - Complete Issuance - MVM Memo Staff memo Public Notice, Bond Counsel
Letter, Resolution - Appointing Paving Agent, Resolution - Authorizing Issuance, Material from 11/5 Meeting,
5. General Obligation Urban Renewal Bonds, Series 2012H - Complete Issuance
City Manager recommending approval of the suggested proceedings to complete the action required on the recent Series 2012H bond
issuance.
RESOLUTION Appointing Wells Fargo Bank, National Association of Minneapolis, Minnesota, to serve as paying agent, bond
registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the
execution of the agreement
RESOLUTION Authorizing and providing for the Issuance of $2,385,000 General Obligation Urban Renewal Bonds, Series 2012H, and
levying a tax to pay said bonds
Suggested Disposition: Receive and File; Adopt Resolution(s)
$2,385,000 General Obligation Urban Renewal Bonds, Series 2012H - Complete Issuance - MVM Memo, Staff Memo, Public Notice, Bond
Counsel Letter Resolution - Appointing Paving Agent Resolution - Authorizing Issuance Material from the 11/5 Meeting,
6. Taxable General Obligation Refunding Bonds, Series 20121 - Complete Issuance
City Manager recommending approval of the suggested proceedings to complete the action required on the recent Series 20121 bond
issuance.
RESOLUTION Appointing Wells Fargo Bank, National Association of Minneapolis, Minnesota, to serve as paying agent, bond
registrar, and transfer agent, approving the paying agent and bond registrar and transfer agent agreement and authorizing the
execution of the agreement
RESOLUTION Authorizing and providing for the issuance of $7,285,000 Taxable General Obligation Refunding Bonds, Series 20121,
and levying a tax to pay said bonds
Suggested Disposition: Receive and File; Adopt Resolution(s)
$7,285,000 Taxable General Obligation Refunding Bonds, Series 20121 - MVM Memo, Staff Memo, Public Notice, Bond Counsel Letter,
Resolution - Appointing Paving Agent Resolution - Authorizing Issuance Material from 11/5 Meeting,
7. Historic Preservation Commission - Technical Assistance Program
Historic Preservation Commission submitting guidelines for the Historic Preservation Technical Assistance Program to help property
owners prepare preservation tax credit applications.
Suggested Disposition: Receive and File; Approve
Commission Letter Brochure,
8. Code of Ordinances - Tax Increment Financing (TIF) District, Greater Downtown Urban Renewal District
City Manager recommending approval of an ordinance amending the Tax Increment Financing District for the Greater Downtown
Urban Renewal District.
ORDINANCE Amending Ordinance Nos. 33 -11, Previously Amended, and 88 -02, Providing that General Property Taxes Levied and
Collected Each Year on all Property Located Within the Greater Downtown Urban Renewal District of the City of Dubuque, County of
Dubuque, State of Iowa, by and for the Benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School
District, and other Taxing Districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and
indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Amended and Restated Urban
Renewal Plan for the Greater Downtown Urban Renewal District
Suggested Disposition: Receive and File; Motion B; Motion A
Greater Downtown Urban Renewal Tax Increment Ordinance -MVM Memo, Staff Memo, Ordinance, Suggested Motion,
9. Code of Ordinances - Construction Storage Plans
City Manager recommending approval of an ordinance change to require a construction materials storage plan to be included with plan
submittals so there is less of an impact on neighboring property owners.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 14 Building and Development, Chapter 1 Building Codes, Article A
Building Code and Regulations, Section 14-1A-2 International Building Code Amendments; Chapter 2 Building Construction,
Demolition and Moving, Section 14 -2 -2 Application for Permit and Section 14 -2 -3 Permit Issuance; Generally by Requiring a Plan for
Storage of Materials be Provided on the Application for a Building Permit, Making Renewal of a Building Permit Subject to Compliance
with the Conditions on the Original Building Permit, Requiring the Storage of Construction Materials to Comply with the City Code from
the Date of Issuance Through Day 179, and Requiring Compliance with the City Code and Maintenance of the Site as Determined by
the City Manager from Day 180 Through Completion of the Project
Suggested Disposition: Receive and File; Motion B; Motion A
Construction Storage Plan -MVM Memo Staff Memo Ordinance, Suggested Motion
10. Well Field Electrical Upgrades Project Award
City Manager recommending award of contract for the Well Field Electrical Upgrades Project to Price Industrial Electric.
RESOLUTION Awarding Public Improvement Contract for Well Field Electrical Upgrades Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Well Field Electrical Upgrades Project -MVM Memo, Staff Memo, Recommendation Letter from IIW Engineers, Bid Tabulation Award of
Contract,
11. City Expo - Date and Format Change
City Manager recommending approval to hold City Expo in early September, and to form a task force of staff from other departments to
solicit input and involvement in redesigning City Expo to encourage more innovative displays and activities at this event.
Suggested Disposition: Receive and File; Approve
City Expo Date and Format Change -MVM Memo Staff Memo
12. Sustainable Dubuque - Quarterly Work Session Request
City Manager requesting approval to schedule a Sustainable Dubuque Quarterly Work Session for December 17, 2012, at 5:00 p.m.
Suggested Disposition: Receive and File; Council
Sustainable Dubuque Quarterly Work Session Request -MVM Memo, Staff Memo,
COUNCIL MEMBER REPORTS
PUBLIC INPUT
At this time, anyone in the Council Chambers may address the Council on matters which are of concern to that person and which are not an
agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your comments; however, no
formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law.
CLOSED SESSION
Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) Code of Iowa