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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-