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'."