12 17 12 City Council AgendaROLL CALL ORDER FOR MEETING OF 12/17/2012
Resnick, Sutton, Braig, Buol, Connors, Jones, Lynch
CITY OF DUBUQUE,IOWA
CITY COUNCIL MEETING
Historic Federal Building
350 W. fith Street
December 17, 2012
Council meetings are video streamed live and archived at
www.citvofdubuaue.ora /media and on Dubuque's CityChannel on the
Mediacom cable system at Channel8 (analog) and 97.2 (digital).
WORIt SESSION
5:00 PM - SUSTAINABLE DUBUQUE PROJECT STATUS UPDATE
cudainahle Duhunue Quarterly Work Resdnn.MVM Winn fall M Pain Monthly Report
REGULAR SESSION
6:30 PM
PLEDGE OF ALLEGIANCE
MOMENT OF SILENCE
May the spirit of wisdom keep our hearts and minds open aswe endeavor to serve the common good.
PRESENTATION(S)
1. Carnegie-Stout Public Library LEED Certification
Bruce Hamous, OPN Architects, Cedar Rapids, Iowa, and Chairman of the Eastern Iowa Branch of the Iowa US Green Building
Council, to present the LEED Silver Certification in the Existing Building Category to the Carnegie -Stout Public Library.
LEED Silver Certification
2. Iowa American Planning Association (APA) Award for Historic Millwork District Complete Streets Project
Planning Services Manager Laura Carstensto present the Iowa Chapter of the American Planning Association's Implementation
Award for the Historic Millwork District Complete Streets Project.
Iowa APA Award for Historic Millwork District Complete Streets -MVM Memo
CONSENT ITEMS
The consent agenda items are considered to be routine and non - controversial and all consent itemswill 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 aid Reports Submitted
Cable TV Commission of 11/7, Catfish Creek Watershed M anagement Association of 10124, City Council Proceedings of 1213, Civil
Service Commission of 12/10, Community Development Advisory Commission of 11/28, Human Rights Commission of 9/10 and 11119,
Zoning Advisory Commission of 12/5, Zoning Board of Adjustment of 11115, Proof of Publication for City Council Proceedings of 11119
Suggested Disposition: Receive and File
Arts ommission Min t c 10 Z Sable TV Minutes 1117 catfish Croak WMA Minutes 1012Q CityCotrcil Proceedinnsl2l3. CM! Servire
Minutes 17/1Q, c.DAC Minutes11178, Jiuman RinhtsMinites 9 /11 Numen Rights Minces 11/1% Toning ArlvisorvMin t c 1215 Toning Board
of Adiustmerd M inures 11 /1 5. proof - C.ity CnunNl P mneedinna 11 Act
2. Notice of Claims and Suits
Joseph Healey for property damage, WilliamJesterforvehicle damage, Roger Richard for loss of property, Brant Schueller for vehicle
damage, Mark Stevenson for vehicle damage
Suggested Disposition: Receive and File Refer to City Attorney
I-lealev Claim Jester Claim_, Richard Claitn, Sniveller Clair)!, Stevemmn Claim
3. Disposition of Claims
William Jester for vehicle damage, Joseph Healey for property damage, Brant Schueller for vehicle damage, Mark Stevenson for
vehicle damage
Suggested Disposition: Receive and File; Concur
ICAP Claims,
4. DARE Agreement for 2012 -2013
City Manager recommending approval of the Fiscal Year 2012 -2013 DARE Agreement between the City of Dubuque Police
Department and the Dubuque Community School District.
Suggested Disposition: Receive and File; Approve
DARE Agreement -MVM Memo Staff Memo DARE Agreement,
5. Washington Street Parking Lot Project Award
City Manager recommending that the award for the Washington Street Parking Lot Project be officially recorded in the minutes of the
City Council.
Suggested Disposition: Receive and File; Make Matter of Record
Washington Street Parking Lot Project -MVM Memo, Staff Memo, Bid Tab,
6. Final Plat - Brunskill Street Place No. 1
Zoning Advisory Commission recommending approval of the Final Plat of Brunskill Street Place No. 1 (3000 Block of Brunskill Road)
subject to waiving lot frontage for Lots 2 through 6 inclusive and Lot A as requested by McDermott Brothers Construction.
RESOLUTION Approving the Final Plat of Brunskill Street Place No. 1 in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Commission Letter, Applicant Materials, Staff Materials Resolution ,
7. Final Plat - Timber -Hyrst Estates #3
Zoning Advisory Commission recommending approval of the Final Plat of Timber -Hyrst Estates #3 (2000 Block of Creekwood Drive)
subject to waiving the maximum cul -de -sac length as requested by North Cascade Road Developers, LLC.
RESOLUTION Approving the Final Plat of Timber -Hyrst Estates No. 3 in the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
Commission Letter Applicant Materials Staff Materials, Resolution
8. 2012 Sidewalk Assessment Program
City Manager recommending approval of the levy of special assessment for sidewalk repair at 728 Wilson Street.
RESOLUTION Adopting the Final Assessment Schedule for the Public Right -of -Way Sidewalk Repair Assessment Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
2012 Sidewalk Assessment Prociram-MVM Memo, Staff Memo, Resolution, Schedule of Assessments,
9. Administrative Services Agreement for Workers' Compensation Claims
City Manager recommending approval of the Worker's Compensation Claims Administrative Services Agreement with Alternative
Service Concepts, LLC effective October 1, 2012, through September 30, 2013.
Suggested Disposition: Receive and File; Approve
Acceptance of Work Comp Claims ASC Agreement -MVM Memo ASC Claims Service Contract,
10. White Water Creek Bridge Relocation Project Phase 5 Fencing - Project Acceptance
City Manager is recommending acceptance of the construction contract for the Historic White Water Creek Bridge Relocation Project,
Phase 5 - Fencing, as completed by Giese Manufacturing Company, Inc., and authorize payment of the contract.
RESOLUTION Accepting the Historic White Water Creek Bridge Relocation Project, Phase 5 - Fencing and authorizing the payment of
the contract amount to the contractor
Suggested Disposition: Receive and File; Adopt Resolution(s)
White Water Creek Bridge Relocation Project -MVM Memo, Staff Memo, Resolution, Final Payment Form,
11. VISTA Memorandum of Agreement for 3rd Grade Reading
City Manager recommending approval of an AmeriCorps VISTA Memorandum of Agreement with the Corporation of National and
Community Service for four VISTA positions to assist with the third grade reading initiative.
Suggested Disposition: Receive and File; Approve
3rd Grade Reading VISTA MOA -MVM Memo, Staff Memo , 3rd Grade Reading Grant Narrative, Memorandum of Agreement,
12. School Resource Officer (SRO) Agreement for Fiscal Year 2012 -2013
City Manager recommending approval of the Fiscal Year 2012/2013 School Resource Officer Agreement between the City of Dubuque
Police Department and the Dubuque Community School District.
Suggested Disposition: Receive and File; Approve
School Resource Office Agreement -MVM Memo, Staff Memo , Copy of SRO Contract
13. Safe Community Advisory Committee
Committee Member Rachel Daack submitting her resignation from the Safe Community Advisory Committee.
Suggested Disposition: Receive and File; Accept Resignation
Daack Resignation Letter,
14. Improvement Contracts / Performance, Payment and Maintenance Bonds
McDermott Excavating for the Washington Street Parking Lot Project.
Suggested Disposition: Receive and File; Approve
McDermott Contract and Bond,
15. Signed Contracts
1) Iowa Communications Network (ICN) lease for the building beneath the 3rd Street Water Tower, 2) MVVH America's Additional
Service Request for the Water & Resource Recovery Center Modifications Project, 3) Ted Stackis Construction contract for the Fire
Hydrant Painting Program Phase 2
Suggested Disposition: Receive and File
ICN Lease, MWH America's Contract Ted Stack's Contract,
16. Alcohol License Applications
City Manager recommending approval of annual liquor, beer, and wine licenses 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
Suggested Disposition: Receive and File; Adopt Resolution(s)
Liquor License Renewals -MVM Memo, Police Memo, Liquor /Beer Resolution,
ITEMS TO BE SET FOR PUBLIC HEARING
These agenda items are being scheduled for a future public hearing on the date indicated.
1. Water & Resource Recovery Center Cogeneration Facilities
City Manager recommending initiation of the bidding process for the Water and Resource Recovery Center Cogeneration (Co -Gen)
Facilities, and further recommends that a public hearing be set for January 7, 2013.
RESOLUTION Preliminary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on
plans specifications, form of contract, and estimated cost; and ordering the advertisement for bids (Water & Resource Recovery Center
Cogeneration Facilities)
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 1/7113
W &RRC Cogeneration Facilities -MVM Memo, Staff Memo, Coqen Report, Financial Evaluation 11/9/12, Resolution, Notice of Public Hearing,
Notice to Bidders,
2. SRF Loan for Water & Resource Recovery Center Cogeneration Facilities
City Manager recommending that a public hearing be set for January 7, 2013, on the proposition of issuing not to exceed $2,400,000 in
Sewer Revenue Capital Loan Notes.
RESOLUTION Fixing date for a meeting on the authorization of a Loan and Disbursement Agreement and the issuance of not to
exceed $2,400,000 Sewer Revenue Capital Loan Notes of City of Dubuque, Iowa, and providing for publication of notice thereof
Suggested Disposition: Receive and File; Adopt Resolution(s), Public Hearing 1/7/13
SRF Loan for W &RRC Cogeneration Facilities -MVM Memo, Staff Memo, Attorney Letter Resolution,
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.
Mediacom Charitable Foundation
One 1 -Year term through December 31, 2013 (Expiring term of Twining)
Applicant:
Connie Twining, 421 N Booth St.
Appointments to the following Boards /Commissions to be made at this meeting:
Comm unity Development Advisory Com mission
One 3 -Year term through February 15, 2014 (Vacant term of Smith)
Applicant:
Janice Craddieth, 1455 Washington St.
Housing Code Board of Appeals
One 3 -Year term through January 11, 2016 (Expiring term of Schaub)
Applicant:
Robert Schaub, 1745 Embassy West #2
Human Rights Commission
One 3 -Year term through January 1, 2016 (Expiring term of Helgager)
Applicant:
Andrea Helgager, 40 Main St. #300
This commission is subject to the State of Iowa Gender Balance Law.
Boards Overview Sheet, Boards Latest Listings, Community Development Advisory Commission Application, Housing Code Appeals Board
Application, Human Rights Commission Application, Mediacom Foundation Application, Dubuque Gender Balance, Gender Balance Law
Gender Balance 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. Request to Rezone - 390 & 444 North Grandview Avenue
Proof of publication on notice of public hearing to consider a request by Finley Hospital to rezone property located at 390 and 444
North Grandview Avenue from OS Office Service District and OR Office Residential District to ID Institutional District 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 390 and 444 North Grandview Avenue from OR Office Residential and OS Office Service Districts to ID
Institutional District
Suggested Disposition: Receive and File; Motion B; Motion A
Commission Letter, Applicant Materials, Staff Materials, Ordinance, Letter of Support,
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. Sixteenth Street Lease Agreement
City Manager recommending authorization of a 30 -day public notice on the competitive disposition of an approximately 3.25 acre site
of City -owned property on 16th Street.
RESOLUTION (1) Approving the minimum requirements, competitive criteria, and offering procedures for the development and the
lease of certain real property and improvements in the Greater Downtown Urban Renewal District; (2) Determining that the lease
submitted by Rainbo Oil Co. satisfies the offering requirements with respect to the real property and improvements and declaring the
intent of the City Council to approve the lease with Rainbo Oil Co. in the event that no competing proposals are submitted; and (3)
Soliciting competing proposals
Suggested Disposition: Receive and File; Adopt Resolution(s)
16th Street Corridor Lease Agreement -MVM Memo, Staff Memo, Resolution, Rainbo Oil Lease Agreement,
2. Revised Purchase of Service Grant Applications for Fiscal Year 2014
(Resubmitted from the December 3, 2012 Meeting)
City Manager and the Community Development Advisory Commission submitting revised recommendations for the Fiscal Year 2014
Purchase of Service Grant funding to be made through the Fiscal Year 2014 Budget process.
Suggested Disposition: Receive and File; Council
Purchase of Services Grant Applications -MVM Memo Revised CDAC Purchase of Services Grant Recommendations, Commission Letter from
12/4 Meeting, Purchase of Services Grant Ranking Summary,
3. Fifth and Bluff Streets Restroom Project Design Recommendation
(Tabled from the December 3, 2012 meeting.)
City Manager transmitting a summary of the fees submitted by the six responding firms for design services for the 5th and Bluff
Restroom Project and recommending approval to hire Ament Design to prepare a design solution for the project.
Suggested Disposition: Remove from Table; Receive and File, Approve
5th & Bluff Restroom Proiect Fee Summary -MVM Memo, Staff Memo, Bid Summary, MVM Memo - 12/03/12 Meeting, Staff Memo - 12/03/12
Meeting Ament Design RFP Response Terms and Conditions,
4. Annual Action Plan for Fiscal Year 2013 - Amendment 1
City Manager recommending approval of the FY 2013 Annual Action Plan- Amendment 1 for the Community Development Block Grant
(CDBG) Program.
RESOLUTION Approving Fiscal Year 2013 (Program Year 2012) Annual Action Plan Amendment 1 for Community Development
Block Grant (CDBG) funds.
Suggested Disposition: Receive and File; Adopt Resolution(s)
FY 2013 Annual Action Plan Amendment 1 - MVM Memo, FY 2013 Annual Action Plan- Amendment 1, FY 2013 Resolution - Annual Plan
Amendment 1 ExhibitA -FY13 Plan Amendment 1
5. Code of Ordinances - Liquor Control Amendment
City Manager recommending approval of an amendment to City of Dubuque Code of Ordinances as it pertains to Liquor Licensing
Section 4 -2A -3 Prohibited Sales and Acts and Section 4 -2B -6 Requirements for Premises, eliminating outdated language and adding
language that is consistent with the Iowa Code and the City's Unified Development Code.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control,
Article A Alcoholic Beverages, Section 4 -2A -3 Prohibited Sales and Acts by adjusting the language to coincide with an amendment to
the Iowa Code; and Article B Liquor, Beer And Wine Licenses and Permits, Section 4 -2B -6 Requirements for Premises by deleting a
reference to a former zoning classification known as Local Business A District which no longer exists
Suggested Disposition: Receive and File; Motion B; Motion A
Liquor License Ordinance Amendment -MVM Memo, Staff Memo, Ordinance Amendment, Infusion Law and Rules, Suggested Motion,
6. Neptune IG - Smarter Water Transition
City Manager recommending approval to purchase software and services for Neptune IQ with NWWS /Ferguson Group and Neptune
Technology for the "early adopter" discounts.
Suggested Disposition: Receive and File; Approve
Smarter Water Transition -MVM Memo Staff Memo, Neptune IQ Proposal
7. 40 Main, LLC - Fifth Amendment to Development Agreement
City Manager recommending approval of the Fifth Amendment to the Development Agreement with 40 Main, LLC that modifies the
repayment terms for the loan to revitalize the property located at 40 Main Street.
RESOLUTION Approving the Fifth Amendment to the Development Agreement between the City of Dubuque, Iowa, and 40 Main, LLC
Suggested Disposition: Receive and File; Adopt Resolution(s)
40 Main Agreement -MVM Memo, Staff Memo, Resolution, Amendment,
8. ITC Midwest, LLC Transmission Line Poles
City Manager recommending approval of the number, alignment and
Harbor by ITC Midwest, LLC.
RESOLUTION Stating the preference for the number, alignment and
Harbor
Suggested Disposition: Receive and File; Adopt Resolution(s)
coating preference of power line poles to be
coating preference of power line poles to be
ITC Transmission Line Improvement -MVM Memo, Staff Memo, Resolution Power Line Alignment, Dove Harbor Poles
9. Department of Energy Data Access Grant
City Manager recommending approval to decline the Department of Energy Smart Grid Data Access Grant.
Suggested Disposition: Receive and File; Approve
Department of Energy Data Access Grant -MVM Memo, Staff Memo ,
constructed in Dove
constructed in Dove
10. Safe Community Advisory Committee Continuation
City Manager recommending approval to extend the existence of the Safe Community Advisory Committee until December 31, 2013.
ORDINANCE Amending Ordinance No. 55 -10 which created the Safe Community Advisory Committee by extending the sunset of the
Committee from December 31, 2012 to December 12, 2013.
Suggested Disposition: Receive and File; Motion B; Motion A
Continuation of Safe Community Advisory Committee -MVM Memo Staff Memo Ordinance Amendment Suggested Motion
11. Convention and Visitors Bureau - Request for Work Session
Executive Director Keith Rahe requesting that the annual Convention and Visitors Bureau work session with the City Council be set for
February 4, 2013 at 5:30 p.m.
Suggested Disposition: Receive and File; Council
CVB Request,
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