Minutes_City Council Proceedings 12 17 12CITY 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 Building, 350 W. 6th Street.
Present: Mayor Pro Tem Lynch; Council Members Braig, Connors, Jones, Resnick,
Sutton; City Manager Van Milligen. (City Attorney Lindahl and Mayor Buol joined the
meeting at 5:04 p.m. and 5:17 p.m. respectively.)
Mayor Pro Tem Lynch 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.
Sustainability Coordinator Cori Burbach and Smarter Sustainable Dubuque Project
Manager David Lyons provided a slide presentation on the history and progress of the
Sustainable Dubuque Project. Highlights included:
From the Project's Beginning
• citizen /community engagement
• strategic goals /objectives: structure, planning, education and engagement
• performance measures
• collaboration, partnerships, and membership
• mini grants program
• 2013 indicators report
• marketing and outreach
• engage, retain, and expand business community
• workforce development
Smarter Sustainable Dubuque
• Smarter water, electricity, discard management, transportation, health &
wellness
• city in motion
• energy conservation solution
• energy portal
• community engagement platform
• use of data protocol
There being no further business, upon motion the City Council adjourned at 6:21 p.m.
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/s /Kevin S. Firnstahl, CMC, City Clerk
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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 Street.
Present: Mayor Buol; Council Members Braig, Connors, Jones, Lynch, Resnick,
Sutton; City Manager Van Milligen, City Attorney Barry Lindahl
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)
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, presented the LEED Silver Certification in the Existing Building
Category to the Carnegie -Stout Public Library and the City Council.
Iowa American Planning Association (APA) Award for Historic Millwork District
Complete Streets Project: Planning Services Manager Laura Carstens presented the
Iowa Chapter of the American Planning Association's Implementation Award for the
Historic Millwork District Complete Streets Project to the City Council.
CONSENT ITEMS
Motion by Lynch to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Braig. Motion carried 7 -0
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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. Upon motion the documents were received and filed.
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. Upon motion the documents were received, filed
and refer to the City Attorney.
Disposition of Claims: William Jester for vehicle damage, Joseph Healey for property
damage, Brant Schueller for vehicle damage, Mark Stevenson for vehicle damage.
Upon motion the documents were received, filed and concurred.
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. Upon motion the documents were
received, filed and approved.
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. Upon motion the documents were received, filed and made
a Matter of Record.
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. Upon motion the documents were received and filed
and Resolution No. 342 -12 Approving the Final Plat of Brunskill Street Place No. 1 in
the City of Dubuque, Iowa, was adopted.
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. Upon motion the documents were received and filed and
Resolution No. 343 -12 Approving the Final Plat of Timber -Hyrst Estates No. 3 in the
City of Dubuque, Iowa, was adopted.
2012 Sidewalk Assessment Program: City Manager recommending approval of the
levy of special assessment for sidewalk repair at 728 Wilson Street. Upon motion the
documents were received and filed and Resolution No. 344 -12 Adopting the Final
Assessment Schedule for the Public Right -of -Way Sidewalk Repair Assessment Project
was adopted.
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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. Upon motion the documents were received, filed and approved.
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. Upon
motion the documents were received and filed and Resolution No. 345 -12 Accepting the
Historic White Water Creek Bridge Relocation Project, Phase 5 - Fencing and
authorizing the payment of the contract amount to the contractor was adopted.
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. Upon motion the documents were received, filed and
approved.
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. Upon motion the documents were received, filed and
approved.
Safe Community Advisory Committee: Committee Member Rachel Daack submitting
her resignation from the Safe Community Advisory Committee. Upon motion the
documents were received, filed and the resignation accepted.
Improvement Contracts / Performance, Payment and Maintenance Bonds:
McDermott Excavating for the Washington Street Parking Lot Project. Upon motion the
documents were received, filed and approved.
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. Upon motion the
documents were received and filed.
Alcohol License Applications: City Manager recommending approval of annual liquor,
beer, and wine licenses as submitted. Upon motion the documents were received and
filed and Resolution No. 346 -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 was adopted.
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ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Lynch 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 Braig. Motion carried 7 -0.
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. Upon motion the documents were received and filed and
Resolution No. 347 -12 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) was adopted setting a public
hearing for a meeting to commence at 6:30 p.m. on January 7, 2013 in the Historic
Federal Building.
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.
Upon motion the documents were received and filed and Resolution No. 348 -12 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 was adopted setting a
public hearing for a meeting to commence at 6:30 p.m. on January 7, 2013 in the
Historic Federal Building.
BOARDS /COMMISSIONS
Applicants were invited to address the City Council regarding their desire to serve on
the following Boards /Commissions:
Mediacom Charitable Foundation: One 1 -Year term through December 31, 2013
(Expiring term of Twining). Applicant: Connie Twining, 421 N Booth St. Ms. Twining
spoke in support of her appointment.
Appointments to the following Boards /Commissions:
Community Development Advisory Commission: One 3 -Year term through February
15, 2014 (Vacant term of Smith). Applicant: Janice Craddieth, 1455 Washington St.
Motion by Lynch to appoint Janice Craddieth to a 3 -year term through February 15,
2014. Seconded by Connors. Motion carried 7 -0.
Housing Code Board of Appeals: One 3 -Year term through January 11, 2016
(Expiring term of Schaub). Applicant: Robert Schaub, 1745 Embassy West #2. Motion
by Connors to appoint Robert Schaub to a 3 -year term through January 11, 2016.
Seconded by Resnick. Motion carried 7 -0.
Human Rights Commission: One 3 -Year term through January 1, 2016 (Expiring term
of Helgager). Applicant: Andrea Helgager, 40 Main St. #300. Motion by Braig to appoint
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Andrea Helgager to a 3 -year term through January 1, 2016. Seconded by Jones. Motion
carried 7 -0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Request to Rezone - 390 and 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. Motion by Jones 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. President and CEO for Finley Hospital
David Brandon spoke in favor of the rezoning and provide some project details.
Planning Services Manager Laura Carstens provided a staff report. Council Member
Lynch stated for the record that he is the current Board Chair for Finley Hospital, and
that the City Attorney has determined there is no conflict of interest with Mr. Lynch
voting. Motion carried 7 -0.
Motion by Jones for final consideration and passage of Ordinance No. 63 -12
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 District to ID
Institutional District. Seconded by Connors. Motion carried 7 -0.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
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. Motion by Connors to receive and file the
documents, approve the recommendation and adopt Resolution No. 349 -12 (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. Seconded by Jones. Motion carried 7 -0.
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
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Purchase of Service Grant funding to be made through the Fiscal Year 2014 Budget
process. Motion by Connors to receive and file the documents and support the
recommendations submitted by the City Manager and the Community Development
Advisory Commission. Seconded by Braig. Motion carried 7 -0.
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. Motion by Braig to remove from the table. Seconded by Jones. Motion
carried 7 -0.
Motion by Braig to receive and file and approve the recommendation. Seconded by
Resnick. Motion carried 7 -0.
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. Motion by Braig to receive and
file the documents and adopt Resolution No. 350 -12 Approving Fiscal Year 2013
(Program Year 2012) Annual Action Plan Amendment 1 for Community Development
Block Grant (CDBG) funds. Seconded by Lynch. Motion carried 7 -0.
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. 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 Resnick. Motion carried
7 -0.
Motion by Connors for final consideration and passage of Ordinance No. 64 -12
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. Seconded by
Resnick. Motion carried 7 -0.
Neptune IQ - 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. Motion by Braig to receive and
file the documents and approve the recommendation. Seconded by Jones. Motion
carried 7 -0.
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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. Motion by Jones to receive and file the documents and adopt
Resolution No. 351 -12 Approving the Fifth Amendment to the Development Agreement
between the City of Dubuque, Iowa, and 40 Main, LLC. Seconded by Connors.
Responding to questions from City Council, Economic Development Director Dave
Heiar stated that the City is secondary mortgage holder after Premier Bank. Motion
carried 7 -0.
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. Restated motion by Connors to receive and file the
documents, support the option of one galvanized pole, and adopt Resolution No. 352 -12
Stating the preference for the number, alignment and coating preference of power line
poles to be constructed in Dove Harbor. Seconded by Jones. Motion carried 7 -0.
Department of Energy Data Access Grant: City Manager recommending approval to
decline the Department of Energy Smart Grid Data Access Grant. Motion by Jones to
receive and file and approve the recommendation. Seconded by Resnick. Motion
carried 7 -0.
Safe Community Advisory Committee Continuation: City Manager recommending
approval to extend the existence of the Safe Community Advisory Committee until
December 31, 2013. 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 Lynch. Motion carried 7 -0.
Motion by Connors for final consideration and passage of Ordinance No. 65 -12
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 31, 2013. Seconded by Jones. Motion carried 7 -0.
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. Motion by Connors to receive and
file the documents and set the work session as recommended. Seconded by Braig.
Motion carried 7 -0.
PUBLIC INPUT
Louis Mihalakis, 1212 Miller Road, stated that he believes bids for projects for the
Housing and Community Development Department are going to only Ted Stackis
Construction and not being fairly bid. The City Manager will look into the issue.
There being no further business, upon motion the City Council adjourned at 7:45 p.m.
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/s /Kevin S. Firnstahl, CMC
City Clerk
1t 12/26