Minutes_City Council Proceedings 11 19 12CITY 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 Buol; Council Members Braig, Connors, Lynch, Resnick, Sutton; City
Manager Van Milligen, City Attorney Lindahl
Absent: Council Member Jones
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.
PRESENTATION(S)
City of Townsville, Queensland, Australia: Mayor Jenny Hill and Integrated
Sustainability Services Executive Manager Greg Bruce presented the City Council with
a plaque of the Seal of Townsville, and Mayor Buol presented Ms. Hill and Mr. Bruce
with a copy of Dr. Abdul Sinno's book Scenic Treasures of the Midwest.
1000 Friends of Iowa - 2012 Best Development Awards: Planning Services Laura
Carstens presented 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).
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and
dispose of as indicated with exception to item #7. Seconded by Braig. Attorney Art
Gilloon requested ( #7) Partial Release of Mortgage - Davis be removed from the
agenda. Motion carried 6 -0.
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. Upon motion the documents were received and filed.
Notice of Claims and Suits: Lyle Christopherson for vehicle damage. Upon motion the
documents were received, filed and referred to the City Attorney.
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. Upon
motion the documents were received, filed and approved.
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. Upon motion the
documents were received, filed and approved.
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. Upon motion the documents were
received and filed and Resolution No.310 -12 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 was adopted.
Fiscal Year 2012 Annual Financial Report: City Manager recommending approval of
the City of Dubuque's Fiscal Year 2012 Annual Financial Report. Upon motion the
documents were received, filed and approved.
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. Upon motion this
item was removed from the agenda.
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. Upon motion the documents were received, filed and approved.
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. Upon motion the documents were
received and filed and Resolution No. 311 -12 Authorizing State Recreational Trails
Grant Agreement with Iowa Department of Transportation for development of the Mines
of Spain Trail and Trailhead was adopted.
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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. Upon motion the documents
were received and filed and Resolution No. 312 -12 Approving the Plat of Survey of
McNamer Acres #4 in the City of Dubuque, Iowa, was adopted.
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. Upon motion the documents were received, filed and
approved.
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. Upon motion the documents were received, filed and
approved.
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. Upon motion the documents were received, filed and approved.
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. Upon motion the documents were received,
filed and approved.
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. 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.313 -12 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; and Resolution No. 314 -12
Approving applications for retail cigarette /tobacco sales permits, as required by Iowa
Code 453A.47A were adopted.
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ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Connors 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 Resnick. Motion carried 6 -0.
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. Upon motion the documents were
received, filed and a public hearing was set for a meeting to commence at 6:30 p.m. on
December 3, 2012 in the Historic Federal Building.
BOARDS /COMMISSIONS
Appointments were made to the following Boards and Commissions:
Civic Center Advisory Commission: One 3 -year term through June 29, 2013 (Vacant
term of Fields). Applicants: McKenzie R. Hill, 394 % Bluff St. #2; and Jeff Lenhart, 1711
Clarke Dr. Upon roll call vote of 6 -0, McKenzie Hill was appointed to the Civic Center
Advisory Commission for a 3 -year term through June 29, 2013.
Environmental Stewardship Advisory Commission: One 3 -year term through October
1, 2015 (Expired term of Walter). Applicants: David Koch, 1950 Admiral St.; and Gina
Makris, 166 Bluff St. Upon roll call vote of 5 -1 (Sutton voting for Makris), David Koch
was appointed to the Environmental Stewardship Advisory Commission for a 3 -year
term through October 1, 2015.
Human Rights Commission: One 3 -year term through January 1, 2015 (Vacant term
of Krey). Applicant: Jeff Lenhart, 1711 Clarke Dr. Motion by Braig to appoint Jeff
Lenhart to the Human Rights Commission for a 3 -year term through January 1, 2015.
Seconded by Lynch. Motion carried 6 -0.
Investment Oversight Advisory Commission: One 3 -year term through July 1, 2015
(Vacant term of King). Applicant: Rick Runde, 1034 Barbaralee Dr. Motion by Lynch to
appoint Rick Runde to the Investment Oversight Advisory Commission for a 3 -year term
through July 1, 2015. Seconded by Connors. Motion carried 6 -0.
Mediacom Charitable Foundation: One 1 -year term through December 31, 2013
(Expired terms of Chavenelle). Applicant: Gail Chavenelle, 1155 Kelly Ln. Motion by
Braig to appoint Gail Chavenelle to the Mediacom Charitable Foundation for a 1 -year
term through December 31, 2013. Seconded by Lynch. Motion carried 6 -0.
Mississippi River Partnership Council: One 3 -year term through December 31, 2015.
Applicant: Edward Cawley, 598 Needham St. Motion by Lynch to appoint Edward
Cawley to the Mississippi River Partnership Council for a 3 -year term through
December 31, 2015. Seconded by Resnick. Motion carried 6 -0.
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PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
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. Motion by Lynch to receive and file the documents and adopt Resolution No.
315 -12 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.
Seconded by Braig. Motion carried 6 -0.
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. Motion by Lynch to receive and file the documents
and adopt Resolution No. 316 -12 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; and Resolution No. 317 -12 Disposing of City interest in storm sewer easements
on Lot 1 of Peterson Subdivision No. 2 in the City of Dubuque, Dubuque County, Iowa.
Seconded by Braig. Motion carried 6 -0.
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 Single - Family Residential to OR Office Residential 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 Resnick. Louis Bassler, 13774
Surrey Lane spoke in support of the request. Planning Services Laura Carstens
provided a staff report. Pete Gieschen, 150 Devon Drive, was informed that the request
applies to only that parcel. Motion carried 6 -0.
Motion by Lynch for final consideration and passage of Ordinance No. 57 -12
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. Seconded by Braig.
Motion carried 6 -0.
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. Motion by Connors 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
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Braig. Jim Steiner, Vice President of Finance for the University of Dubuque addressed
questions from the City Council about concerns from the surrounding neighbors
including additional noise and light pollution, vehicular and pedestrian traffic, litter,
security and landscape screening. Planning Services Manager Laura Carstens provided
a staff report. Amy Kane, 168 Princeton Place, expressed her concerns for changes
taking place at the University of Dubuque regarding snow and rain runoff, light pollution,
fencing /retaining walls, limited green space, and declining property values. Dan
McDonald, 300 Main Street, spoke in favor of the request on behalf of Greater Dubuque
Development Corporation. Pete Gieschen, 150 Devon Drive, inquired about the
expanding footprint of the University's campus. Mr. Steiner provided a rebuttal to the
concerns expressed and stated that the University does not solicit purchases of
property. Mayor Buol stated that although he is an employee of the University of
Dubuque, the City Attorney advises that there is no conflict of interest. Motion carried 6-
0.
Motion by Connors for final consideration and passage of Ordinance No. 58 -12
Amending Title 16 of the City of Dubuque Code of Ordinances, Unified Development
Code, by providing for the amendment of Ordinance No. 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. Seconded by Resnick. Motion carried 6 -0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Dubuque Main Street - NEA "Our Town" Grant / ArtSpace Feasibility Study Update:
Dubuque Main Street Executive Director Dan LoBianco provided a report on the Nation
Endowment for the Arts (NEA) Our Town Grant and ArtSpace Feasibility Study. Motion
by Lynch to receive and file the information. Seconded by Resnick. Mr. LoBianco stated
that the next steps include identifying the arts groups mostly likely to be stakeholders
and finding funding for a feasibility study. Motion carried 6 -0.
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. Motion by Connors 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 Braig. Motion carried 6 -0.
Motion by Connors for final consideration and passage of Ordinance No. 59 -12
Amending City of Dubuque Code of Ordinances Title 14 Building and Development,
Chapter 1 Building Codes, Article !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. Seconded by Braig. Motion carried 6 -0.
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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. Motion by Connors to receive and file the
documents and adopt Resolution No. 318 -12 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; and Resolution No. 319 -12
Authorizing and providing for the issuance of $3,640,000 General Obligation Bonds,
Series 2012E, and levying a tax to pay said bonds. Seconded by Braig. Motion carried
6 -0.
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. Motion by Connors to receive and file the
documents and adopt Resolution No. 320 -12 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; and Resolution No. 321 -12
Authorizing and providing for the issuance of $1,035,000 Taxable General Obligation
Bonds, Series 2012F, and levying a tax to pay said bonds. Seconded by Resnick.
Motion carried 6 -0.
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. Motion by Lynch to receive and file
the documents and adopt Resolution No. 322 -12 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; and Resolution no. 323 -12
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. Seconded by
Resnick. Motion carried 6 -0.
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. Motion by Lynch to receive
and file the documents and adopt Resolution No. 324 -12 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; and Resolution No.
325 -12 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.
Seconded by Braig. Motion carried 6 -0.
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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. Motion by Lynch to receive and file the documents and approve the
recommendation. Seconded by Connors. Motion carried 6 -0.
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. 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 Braig. Motion carried 6 -0.
Motion by Lynch for final consideration and passage of Ordinance No. 60 -12
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. Seconded by Braig. Motion carried 6 -0.
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. 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. Motion carried 6 -0.
Motion by Lynch for final consideration and passage of Ordinance No. 61 -12
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.
Seconded by Braig. Motion carried 6 -0.
Well Field Electrical Upgrades Project Award: City Manager recommending award of
contract for the Well Field Electrical Upgrades Project to Price Industrial Electric. Motion
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by Lynch to receive and file the documents and adopt Resolution No. 326 -12 Awarding
Public Improvement Contract for Well Field Electrical Upgrades Project. Seconded by
Braig. Motion carried 6 -0.
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. Motion by Connors to receive and file. Seconded by
Resnick. Public Information Officer Randy Gehl stated that he is working with city
departments and Community Engagement Coordinator Nikola Pavelic for a redesign of
and innovations for the annual event. Council concurred with the idea and for keeping
the person -to- person format between staff and citizens. Motion carried 6 -0.
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. Motion by Lynch to receive and file the documents and set the work
session as requested. Seconded by Braig. Motion carried 6 -0.
COUNCIL MEMBER REPORTS
Connors reported on the Blue Zone Program workshop and staff visit, which
encourages communities to become healthier through easy and attainable choices.
Braig acknowledged the election of her daughter to the City Council of Sartell,
Minnesota.
Resnick expressed thanks for the great city staff and citizen partnerships in the spirit
of the upcoming holiday.
Mayor Buol reported on his and the City Manager's invitational visit to Grapewine,
Texas, to present on Dubuque's Council /Manager form of government.
PUBLIC INPUT
Jule Transit System Employees Wayne Strohmeyer, Doug Brehm, Dawn Pollack,
and Pat Healy expressed their concerns about what they believe is a disparity between
the number of part -time and full -time bus driver positions, available hours and
scheduling issues in the department and requested that the City Council review the
issue in the next fiscal year budget.
There being no further business, upon motion the City Council adjourned at 8:21 p.m.
1t 11/28
/s /Kevin S. Firnstahl, CMC
City Clerk
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