12 17 12 Clerk's Skeleton Notes and Meeting CallTO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Special Session of the City Council to be
held on Monday, December 17, 2012, at 5:00 PM in the Historic Federal Building
for the purpose of conducting a work session on the Sustainable Dubuque
Project Status Update.
Consent Items: Pages n/a
Kevin J. Lynch, Mayor Pro Tem
Consent Items: Pages n/a
TO: Kevin S. Firnstahl, City Clerk
You are hereby directed to call a Regular Session of the City Council to be
held on Monday, December 17, 2012, at 6:30 PM in the Historic Federal Building
for the purpose of conducting such business that may properly come before the
City Counci.
Consent Items: Pages 1 -4
9
Roy D. Buol, Mayor
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:00 p.m. on December 17, 2012
in the Historic Federal B ilding, 350 W. 6th Street.
Present: Mayor Buol; Council Members B a' ig, onhors, Jo� -Lynch, Remick,
pS.dtton; City Manager Van Milligen / Z)G
Absent:
Mayor Buol read the call and stated this is a special session of the City Council called
for the purpose of conducting a work session on the Sustainable Dubuque Project
Status Report.
WORK SESSION
Sustainable Dubuque Project Status Report.
bii; -
,43 ///7?- 2)
Aar.-/-9teikim,4
(Idie 7&.4/1-5/1);" ii4/0-ffo
- 4*/ AW/6
miv 4 4 4elstjzk - e
c-7/2
ADJOURNMENT:
Yays
Nays
Resnick
Sutton
V
Braig
✓
Buol
V
Connors
Jones
/
Lynch
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on December 17, 2012
in the Historic Federal Building, 350 W. 6th Streeter ,
Present: Mayor B`C�ol; Council Members B of i Con ors, Joi`fes L r cY h R nick,
vStftton; City Manager an Milligen, City Attorney Barry Linda-
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.
P -LE
E
M of wisdom keen -c4r h w, #s atiM —n
common good.
PRESENTATION(S)
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 Libra
Iowa American Planning Association (APA) Award for Historic Millwork District
Complete Streets Project
Planning Services Manager Laura Carstens to present the Iowa Chapter of the
American Planning Association's Implementation Award for the Historic Millwork District
Complete Streets Project.
CONSENT ITEMS
Yays
Nays
V
Resnick
rt/
Sutton
Braig
27
Buol
Connors
Jones
y//
Lynch
Minutes and Reports Submitted
Cable TV Commission of 11/7, Catfish Creek Watershed Management Association of
10/24, City Council Proceedings of 12/3, Civil Service Commission of 12/10, Community
Development Advisory Commission of 11/28, Human Rights Commission of 9/10 and
11/19, Zoning Advisory Commission of 12/5, Zoning Board of Adjustment of 11/15,
Proof of Publication for City Council Proceedings of 11/19
Suggested Disposition: Receive and File
2. Notice of Claims and Suits
Joseph Healey for property damage, William Jester for vehicle 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
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
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
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
2
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 4,;(5'42, Approving the Final Plat of Brunskill Street Place No 1 in
the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
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.
Suggested Disposition: Receive and File; Adopt Resolution(s)
RESOLUTION 3 Approving the Final Plat of Timber -Hyrst Estates No. 3 in
the City of Dubuque, Iowa
Suggested Disposition: Receive and File; Adopt Resolution(s)
8. 2012 Sidewalk Assessment Program
City Manager recommending approval of the levy of special assessment for sidewalk
repair at 728 Wilson Street.
RESOLUTION 3 Adopting the Final Assessment Schedule for the Public
Right -of -Way Sidewalk Repair Assessment Project
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
Resnick
Sutton
Braig
Buol
Connors
Jones
Lynch
3
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
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 3'/6- 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)
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
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
Yays
Nays
Resnick
Sutton
Braig
Buol
Connors
Jones
Lynch
4
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
14. Improvement Contracts / Performance, Payment and Maintenance Bonds
McDermott Excavating for the Washington Street Parking Lot Project.
Suggested Disposition: Receive and File; Approve
15. Signed Contracts
1) Iowa Communications Network (ICN) lease for the building beneath the 3rd Street
Water Tower, 2) MWH 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
16. Alcohol License Applications
City Manager recommending approval of annual liquor, beer, and wine licenses as
submitted.
RESOLUTION 3V07 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)
Yays
Nays
Resnick
Sutton
Braig
Buol
Connors
Jones
Lynch
5
ITEMS TO BE SET FOR PUBLIC HEARING
1. Water & Resource Recovery Center Cogeneration Facilities 1/7/13
2. SRF Loan for Water & Resource Recovery Center Cogeneration Facilities
1/7/13
Yays
Nays
Resnick
a/
Sutton
Vi
Braig
Buol
Connors
Jones
r
Lynch
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 /7 f 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 1/7/13
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 greement 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
6
BOARDS /COMMISSIONS
1. 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:
2. C • unity Development Advisory Commission
On ear term through February 15, 2014 (Vacant term of Smith)
Appli ant:
Janice Craddieth, 1455 Washington St.
Yays
Nays
,/
Resnick
Sutton
Sutton
Braig
Braig
Buol
Buol
Connors
Connors
L.
Jones
Jones
//
Lynch
Lynch
3. Housing Code Board of Appeals
One 3 -Year term through January 11, 2016 (Expiring term of Schaub)
Applicant:
Robert Schaub, 1745 Embassy West #2
Yays
Nays
(/2-
Resnick
Ij
Sutton
V
Braig
tV
Buol
Connors
L—
Jones
4
Lynch
7
4. 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.
Yays
Nays
1/
Resnick
V
Sutton
Braig
Buol
V
Connors
Jones
4--'
/
Lynch
PUBLIC HEARINGS
SUSPEND THE RULES
Yays
Yays
Nays
Nays
Resnick
Resnick
V
Sutton
Sutton
c-
Braig
Braig
1/
Buol
Buol
Connors
Connors
Buol
Jones
Jones
j/
Lynch
Lynch
1. Request to Rezone - 39t& 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 '3•1c:2--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,j
Office Service Districts to ID Institutional District G
/61AVAi &,11,
Suggested Disposition: Receive and File; Motion B; Motion A
Suspend the Readings
Yays
Nays
VResnick
Resnick
Resnick
V
Sutton
c-
Sutton
Braig
1/
Buol
V72-
Connors
Buol
Jones
/
Connors
Lynch
REINSTATE THE RULES
Yays
Yays
Nays
VResnick
Resnick
V
V
c-
Sutton
Braig
1/
Braig
?/
Connors
Buol
j/
/
Connors
Lynch
Jones
r
Lynch
Final Reading and Adopt
Yays
Nays
VResnick
V
Sutton
i/
Braig
1/
Buol
1/a
Connors
Jones
i/
Lynch
/oseL," fee
1=3 4//14
(///1,-( 44(,e,
4 /,I4?i/1h71 ft//'
�iNon- 11�o9a/ 6)1 /he R/Ofni-npipm O /9
g''�
ACTION ITEMS
$09
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 054tir (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) OyeifieA‘14---
Ya j
Nays
Resnick
V
Sutton
V
Braig
V
Buol
Connors
Jones
i-
Lynch
„4/1
10
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; Gotantil
Yays
Nays
f/
Resnick
Sutton
1/a-
Braig
1/
Buol
Connors
r/
Jones
L/Lynch
1/,7
11
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
Yays
Nays
p/ vllesnick
/4utton
�/
Craig
uol
1/
v6onnors
vLInch
dk'd addie200
fr/22/
/1/1/ /2//./e,
:401
00- f/id6
/1/./IS4 ) lig/1
6/1-1-)
12
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)
Yays
Nays
Resnick
v
Sutton
1//
Braig
Buol
Connors
Jones
Lynch
13
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 Licens 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
Suspend the Readings
Yays
Nays
769.
Resnick
V
Sutton
V
Braig
V
Buol
///
Connors
1/
Jones
1/
Lynch
Final Reading and Adopt
Yays
Nays
V
Resnick
Sutton
v
Braig
i-
Buol
///
Connors
1/
Jones
1/
Lynch
14
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
Yays
Nays
Resnick
Sutton
Braig
Buol
Connors
Jones
Lynch
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)
Yays
Nays
Resnick
Sutton
Braig
Buol
Connors
Jones
Lynch
"WM
44b-- -ea2e./f
//0/00 gifol
467 - 4//i)4e)w‘
c-kfif) A//-
15
G��
8. ITC Midwest, LLC Transmission Line Poles
City Manager recommending approval of the number, alignment and coating preference
of power line poles to be constructed in Dove Harbor by ITC Midwest, LLC.
RESOLUTION Stating the preference for the number, alignment and
coating preference of power line poles to be constructed in Dove Harbor
Suggested Disposition: Receive and File; Adopt Resolution(s)
Yays
Nays
,/
Resnick
Sutton
V/
Braig
;/
Buol
,%
Connors
Jones
Lynch
V'e( odtkilice.,
P/g
pia fr
16
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
Yays
Nays
Resnick
Sutton
Braig
Buol
Connors
Jones
Lynch
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 by9xtending the sunset of the Committee from
December 31, 2012 to December 2013.
.a%
Suggested Disposition: Receive acid File; Motion B; Motion A
Suspend the Readings
Yays
Nays
✓
Resnick
V
Sutton
✓
Braig
!/
Buol
✓
Connors
✓
Jones
/
✓�
Lynch
Final Reading and Adopt
Yays
Nays
Resnick
Sutton
1/
Braig
1/
Buol
✓
Connors
//
Jones
/
Lynch
9,N 000/
.2,#.1‘&4,/,26
;/, iolde
440- s(4 46 91/ Re/ciivioz -
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; Cewacil��2
Yays
Nays
V
Resnick
V
Sutton
Braig
Buol
Connors
Jones
Lynch
18
yd
COUNCIL MEMBER REPORTS
92W
PUBLIC INPUT �i/ aJ
1///11795 ,t3 /2) /Y�f""1/}�dri6
9,d�#�GCf�a ;/ ST,9Z.Fis *of/947 -,‘Gi4/a4 tef-/X17-1)?
ai-h4/27/5
r�r�m
CLOSED SESSION @
Pending Litigation and P,r`ojerty Acquisition - Chapter 21.5(1)(c)(j) Code of Iowa
Yays
Resnick
Sutton
Brai
of
Connors
Jones
Lynch
ADJOURNMENT @
Yays�
Nays
Resnick
Sutton
Braig
17
Buol
Connors
Jones
Lynch
19
OG�1 S
*id 44,9iL'
s///,-/4-
pi&6 At/ Wiey-5
k%e&
/7i- /lb Aefilv
,57/i4-
* /!/.0-? Air,a/e
4.4. 're 2. 4
f-7 4,2/
"id/
ddia p /01
amevil,/vt ifogio40,--et
//zd/d 2/2‘4iid-