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11 19 12 City Clerk's Skeleton Notes and Meeting CallTO: Kevin S. Firnstahl, City Clerk You are hereby directed to call a Regular Session of the City Council to be held on Monday, November 19, 2012, at 6:30 PM in the Historic Federal Building for the purpose of conducting such business that may properly come before the City Council. Consent Items: Pages 1 -3 9 Roy D. Buol, Mayor CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION The Dubuque City Council met in regular session at 6:30 p.m. on November 19, 2012 in the Historic Federal Building, 350 W. 6th Street. �� ,� Present: Mayor mu ;Council Members Br iar g Con r ors, Lyn Res ick, Suitor; City Manager Tan Milligen, City Attorney L,i.ndahl Absent: Council Member Jones 1/ 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. ✓�' 4.?'€/ � Mi" Yi� ' 22/ PRESENTATION (S) 1. 1000 Friends of Iowa - 2012 Best Development Awards Planning Services Laura Carstens to present the 2012 Best Development Awards from the 1000 Friends of Iowa for the Historic Millwork District Complete Streets Project (New Civic Project) and Riverworks Development (Mixed Use Project). Yays Nays 1/ / Lynch Resnick V Sutton Braig Buol V Connors Jones CONSENT ITEMS 10/ 1. Minutes and Reports Submitted City Council proceedings of 11/5, Civic Center Advisory Commission of 7/23, Investment Oversight Advisory Commission of 10/24, Safe Community Advisory Committee of 9/12, Zoning Advisory Commission of 11/7, Zoning Board of Adjustment of 10/25, Proof of Publication for City Council proceedings of 10/15 Suggested Disposition: Receive and File 2. Notice of Claims and Suits Lyle Christopherson for vehicle damage. Suggested Disposition: Receive and File; Refer to City Attorney 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 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 2 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 3/,e) 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) 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 artial 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. 41///aY\ Suggested Disposition: Receive and File; Approve 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 Yays Nays Lynch Resnick Sutton Braig Buol Connors Jones 3 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) 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) 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 Yays Nays Lynch Resnick Sutton Braig Buol Connors Jones 4 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 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 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 15. Improvement Contracts / 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 Yays Nays Lynch Resnick Sutton Braig Buol Connors Jones 5 16. Alcohol and Tobacco License Applications City Manager recommending approval of annual liquor, beer, wine and tobacco licenses applications as submitted. RESOLUTION / F 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) Yays Nays Lynch Resnick Sutton Braig Buol Connors Jones 6 ITEMS TO BE SET FOR PUBLIC HEARING Yays Nays i/ Lynch Vp, Resnick Sutton IV Braig i/ Buol i/ Connors . Jones 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 12/3/12 7 BOARDS /COMMISSIONS Appointments to be made to the following Boards and Commission: 1. Civic Center Commission One 3 -Year term through June 29, 2013 (Vacant term of Fields) Applicants: McKenzie R. Hill, 394 '/z Bluff St. #2 Jeff Lenhart, 1711 Clarke Dr. Hill Lenhart Lynch Resnick Sutton Braig V Buol Connors Jones 2. 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. Koch Markris Lynch e/ Resnick Sutton t/ Braig )/ Buol Connors Jones 3. 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. Yays Nays Vg Lynch Resnick i/ Sutton Braig Buol Connors Jones 4. Investment Oversight Advisory Committee One 3 -Year term through July 1, 2015 (Vacant term of King) Applicant: Rick Runde, 1034 Barbaralee Dr. Yays V/ Nays Lynch Resnick Sutton Braig Buol Connors Jones 5. Mediacom Charitable Foundation One 1 -Year term through December 31, 2013 (Expired terms of Chavenelle) Applicant: Gail Chavenelle, 1155 Kelly Ln. Yays Nays it Lynch 1% Resnick V Sutton V/ Braig V Buol 1V Connors Jones 6. Mississippi River Partnership Council One 3 -Year term through December 31, 2015 Applicant: Edward Cawley, 598 Needham Yays Nays i i Lynch 1% Resnick V Sutton V Braig V Buol Lam" Connors Jones 10 _ //ci \ 'fee/47 PUBLIC HEARINGS SUSPEND THE RULES Suspend the Rules Yays Nays Lynch Resnick Sutton LV Braig Buol Connors Jones 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) Yays Nays / Lynch Resnick 1/ Sutton ✓� Braig Buol Connors Jones /71/7/1 11 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) Yays Nays ✓/ Lynch 1/ Resnick V Sutton ]/ Braig Buol LV Connors Jones ,e/47 12 3. Request to Rezone - 2995 Asbury Road Proof of publication on notice of public hearing to consider a request from Louis and Irene Bassler to rezone property located at 2995 Asbury Road from R -1 Singl 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, Unifie 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 Suspend the Readings Yays Nays Lynch Resnick Sutton Braig Buol V Connors Jones Final Reading and Adopt Yays Nays Lynch Resnick ;/ Sutton Braig Buol i/ Connors Jones — fir, kr/Afiv3W�+u�� -4//kzet, 6`})-/4-, 13 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 Zonin 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 Suspend the Readings Yays Nays Lynch Resnick V Sutton Braig Buol Connors Jones REINSTATE THE RULES This action limits discussion to the City Council. Final Reading and Adopt Yays Nays Lynch Resnick Sutton Braig Buol Connors Jones Yays/ Nays V Lynch V Resnick Sutton Braig V Buol v/ Connors Jones pbs ut,e,/ezel,44y. /fit' /��� oim r A "zit, - edid- e,awa y I� �/yh�� ee 4:4X 9014116- /-7 c 4/4- 4440,0 4W ,n -/97,;7*(itioev.4 ?frphnia. 1,,Pb YIP � J iti cif, f4,,,',11 19,e/4)(-4//ze-J2-/ Af,%44i/A 40/0 ACTION ITEMS 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 Yays Nays Lynch Resnick Sutton V Braig Buol Connors Jones 0/ a 49yla7 d/YM17//417 /111/1/1P 2q�dh) ih1/61eie�v � 03n fmss— 9e/ i/1�i/�sy r,45 Ofr/ OM 1///4/ /9/4/ *'''fr Sid4/1/111#' fP/geg' 103 m ei21(/ 15 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 I 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 Suspend the Readings Yays Nays 1./ Lynch // Resnick I/ Sutton j.v Braig // Buol Connors Jones Final Reading and Adopt Yays Nays V Lynch // Resnick Sutton v 2 Braig Buol Connors Jones 16 9te 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) Yays Nays v Lynch V Resnick f/ Sutton .%Q Braig Buol 2// Connors Jones arm 17 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 0-) 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) Yays Nays V Lynch �/ Resnick 7 Sutton t/. Braig Buol Connors Jones 18 9/3- 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 P/ 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) Yays Nays Lynch / j___ Resnick 1/ Sutton Braig Buol 1/- Connors Jones 107 19 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) Yays Nays Lynch Resnick i/ Sutton Braig Buol Connors Jones //W 14(/ gm)/17 20 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 Yays Nays / / Lynch ( Resnick Sutton �j Braig Buol Connors Jones 21 ��y 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 Suspend the Readings Yays Nays V / Lynch V Resnick V Sutton Braig vp2 Buol Connors Jones 101 Final Reading and Adopt Yays Nays V / Lynch 1, Resnick 1/ Sutton Braig v Buol Connors Jones 22 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 Suspend the Readings Yays Nays V / Lynch Resnick 1/ Sutton V Braig 1/ Buol Connors Jones Final Reading and Adopt Yays Nays V / Lynch Resnick 1/ Sutton Braig 1/ Buol Connors Jones 23 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 Electrical Upgrades Project Awarding Public Improvement Contract for Well Field Suggested Disposition: Receive and File; Adopt Resolution(s) Yays Nays V/ Lynch V Resnick V- Sutton i i l Braig Buol 1/ Connors Jones 24 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; Pprgve Yays Nays V Lynch Resnick t/ Sutton Sutton i< Braig Braig Buol Buol // Connors Connors Jones Jones Al22- A Ar, & 614vd--//47~der?-1 --z/116/ it; a 7/ 1 -a-z(Awi,7/3 *4-1,f-e-ieW 5E41 Ri6"&e/W em/e( 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 Yays Nays V / Lynch Resnick t/ Sutton i< Braig Buol // Connors Jones 25 COUNCIL MEMBER REPORTS PUBLIC INPUT. a, 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. ra) K. CLOSED SESSION Pending Litigation and Property Acquisition - Chapter 21.5(1)(c)(j) Code of Iowa L. ADJOURNMENT a /0)7 ze-bkiegole_1)4//z amr I 4 ) pad /NN Ide(M/a aria- /1440, A)Aud - Vovget*s /24 Ariz) 6/h fir' /Avs ,S�lr+� izev /A& 1/5 26 \ ` • 41'."