Minutes_City Council Proceedings 1 7 13CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
The Dubuque City Council met in special session at 5:00 p.m. on January 7, 2013 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
Absent: Mayor Buol
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 Dubuque County
Regional Smart Plan.
WORK SESSION
Dubuque County Regional Smart Plan
Planning Services Manager Laura Carstens, ECIA Transportation Planner Dan Fox,
and Dubuque County Zoning Administrator Anna O'Shea presented an overview of the
Dubuque County Regional Smart Plan to the City Council. Highlights included:
1. Purpose /Mission
a. Foster cooperation among communities, help the region attract
economic development, protect and preserve community resources,
improve resiliency to disaster, and encourage a strong community
identity;
b. Address Iowa smart planning principles and elements as outlined in
Iowa Code Chapter 18B.
2. Overview of the 14 Smart Planning Elements
3. Overview of the 10 Smart Planning Principles
4. Overview of the Smart Planning Grants
5. Summary of the Smart Planning Consortium
6. Description of the Smart Planning Process
7. Review of Consortium and Input Meetings
8. Results; strengths, issues, opportunities
9. Land Use Maps; future and existing land use
10. Benefits of Adopting the Plan
City Council had discussion with the presenters following the presentation.
There being no further business, upon motion the City Council adjourned at 5:32 p.m.
/s /Kevin S. Firnstahl, CMC
City Clerk
CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
The Dubuque City Council met in regular session at 6:30 p.m. on January 7, 2013 in
the Historic Federal Building, 350 W. 6th Street.
Present: Mayor Pro Tem Lynch, Mayor Buol (via phone); Council Members Braig,
Connors, Jones, Resnick, Sutton; City Manager Van Milligen, City Attorney Lindahl
Mayor Pro Tem Lynch 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.
CONSENT ITEMS
Motion by Connors to receive and file the documents, adopt the resolutions, and
dispose of as indicated. Seconded by Resnick. Connors requested ( #13) IBM
Amendment to Joint Development Agreement be held for separate discussion. Motion
carried 6 -0. (Clerk error in not calling for Buol.)
Minutes and Reports Submitted: Cable TV Commission of 12/5/12; City Council
Proceedings of 12/17/12, Community Development Advisory Commission of 12/12/12;
Historic Preservation Commission Education Task Force of 12/6/12; Safe Community
Advisory Committee of 11/14/12; Proof of Publication for City Council Proceedings of
12/3/12; Proof of Publication for List of Claims and Summary of Revenues for Month
Ending November 30, 2012. Upon motion the documents were received and filed.
Notice of Claims and Suits: Leroy Benson for vehicle damage and Joseph
Schumacher for vehicle damage. Upon motion the documents were received, filed and
referred to the City Attorney.
Disposition of Claims: Joseph Schumacher for vehicle damage. Upon motion the
documents were received, filed and concurred.
City Council 2011 Official Proceedings: City Clerk submitting the Official City Council
Proceedings for 2011. Upon motion the documents were received, filed and approved.
Request for Proposals - Updated Design Guidelines Manual: City Manager
recommending approval of the release of a Request for Proposals for an Updated
Design Guidelines Manual for the historic districts and the downtown. Upon motion the
documents were received, filed and approved.
Delinquent Grass and Weed Cutting and Garbage Collection Accounts: City Manager
recommending adopting of a resolution authorizing the City certify the grass and weed
cutting and garbage collection charges to the Dubuque County Treasurer in order to
establish real property liens for collection of such charges. Upon motion the documents
were received and filed and Resolution No. 1 -13 Authorizing the City to collect
delinquent grass and weed cutting and garbage collection charges in accordance with
Title 6 -6- 3C2o; Title 6 -6 -4B3 & Title 6 -6B of the Code OF Ordinances of the City of
Dubuque, Iowa, was adopted.
Vacant and Abandoned Building and Problem Property Collection Accounts: City
Manager recommending adoption of a resolution authorizing the City to certify vacant
and abandoned building and problem property charges to the Dubuque County
Treasurer in order to establish real property liens for collection of such charges. Upon
motion the documents were received and filed and Resolution No. 2 -13 Authorizing the
City to collect delinquent vacant and abandoned building and problem property charges
in accordance with Title 6 -6 -3B1 h; Title 6 -6 -4B3 & Title 6 -6B of the Code of Ordinances
of the City of Dubuque, Iowa, was adopted.
2012 Brick Manhole Replacement Project, Bid Pkg. 2 Project Acceptance: City
Manager recommending acceptance of the public improvements and authorizing final
payment to the contractor for the 2012 Brick Manhole Replacement Project, Bid
Package 2, as completed by Tschiggfrie Excavating. Upon motion the documents were
received and filed and Resolution No. 3 -13 Accepting the 2012 Brick Manhole
Replacement Project Bid Package 2 and authorizing payment of the contract amount to
the contractor was adopted.
Fiscal Year 2014 County Tax Increment Financing (TIF) Report: City Manager
transmitting the Annual Tax Increment Financing (TIF) Report for Fiscal Year 2014,
which has been filed with Dubuque County Auditor Denise Dolan. Upon motion the
documents were received and filed.
Sustainable Dubuque Project Monthly Status Report: City Manager transmitting the
monthly Sustainable Dubuque Project Status Update for December 2012. Upon motion
the documents were received and filed.
Safe Community Advisory Committee: Committee Member Diane Callahan
submitting her resignation from the Safe Community Advisory Committee. Upon motion
the documents were received and filed and the resignation accepted.
2
Catfish Creek Watershed Management Plan - Public Education Signs: City Manager
transmitting information on the Catfish Creek Watershed Stream Crossings signs. Upon
motion the documents were received and filed.
IBM - Amendment to Joint Development Agreement: City Manager recommending
approval of Amendment No. 6 to the IBM Joint Development Agreement No. W0954778
that will allow IBM to include data obtained from Dubuque as sample information in IBM
products and services. Upon motion the documents were received, filed and approved.
Improvement Contracts / Performance, Payment and Maintenance Bonds: Price
Industrial Electric for the Eagle Point Well Fields Electrical Upgrade 2012 Project. Upon
motion the documents were received, filed and approved.
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. 4 -13 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.
ITEMS TO BE SET FOR PUBLIC HEARING
Motion by Jones 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 Connors. Motion carried 6 -0. (Temporarily lost phone connection with
Mayor Buol.)
Dubuque County Regional Smart Plan: City Manager recommending that a public
hearing be set for January 22, 2013, on the final draft of the Dubuque County Regional
Smart Plan. Upon motion the documents were received and filed and Resolution No. 5-
13 Setting a public hearing on the Dubuque County Regional Smart Plan was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on January 22, 2013 in
the Historic Federal Building.
Rousselot, Inc. - Development Agreement: City Manager recommending setting a
public hearing for January 22, 2013 to approve a Development Agreement with
Rousselot, Inc. for a 9,000 square foot expansion to its facility at 2350 Kerper
Boulevard. Upon motion the documents were received and filed and Resolution No. 6-
13 Fixing the date for a public hearing of the City Council of the City of Dubuque, Iowa,
on the proposed issuance of Urban Renewal Tax Increment Revenue Grant Obligations
and the approval of a Development Agreement with Rousselot, Inc., and providing for
the publication of notice thereof was adopted setting a public hearing for a meeting to
commence at 6:30 p.m. on January 22, 2013 in the Historic Federal Building.
3
Community Development Block Grant (CDBG) - Annual Action Plan: City Manager
recommending that a public hearing be set for February 21, 2013, on the Fiscal Year
2014 Annual Action Plan. Upon motion the documents were received and filed and
Resolution No. 7 -13 Setting a public hearing on the Fiscal Year 2014 (Program Year
2013) Community Development Block Grant (CDBG) Annual Action Plan was adopted
setting a public hearing for a meeting to commence at 6:30 p.m. on February 21, 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:
Community Development Advisory Commission: Two 3 -Year terms through February
1, 2016 (Expiring terms of Caldwell and Maloy). Applicants: Theresa M. Caldwell, 1633
Elm St.; and Paula Maloy, SVM, 2950 Kaufmann Ave.
Safe Community Advisory Committee: Nine 1 -Year terms through December 31,
2013 (Expiring terms of Allen, Bragg, Callahan, Cheatham, Daack, Ernst, Stillings,
Stork, and Welch). Applicants: Anthony Allen, 1725 Delhi St.; Mary Rae Bragg, 350
Kaufmann Ave. Apt 1; Ann Ernst, 899 Mt. Carmel Rd.; Shaunel Evans, 925 Rhomberg
Ave.; Doug Stillings, 1255 Locust St.; Susan Stork, 2115 Golden Eagle Dr.; and
Christopher Welch, 164 Main St. Ms. Ernst and Mr. Stillings spoke in support of their
respective appointments.
Sister City Relationships Advisory Commission: Two 3 -Year Terms through February
1, 2016 (Expiring terms of Phillips and Thurn) Applicants: Betty J. Phillips, 3047 Kane
Ct.; and Louise Thurn, 3037 Kaufmann Ave. Ms. Thurn spoke in support of her
reappointment.
Appointment was made to the following Board /Commission:
Mediacom Charitable Foundation: One 1 -Year term through December 31, 2013
(Expiring term of Twining). Applicants: Connie Twining, 421 N Booth St. Motion by Braig
to appoint Connie Twinning to a one -year term through December 31, 2013. Seconded
by Resnick. Motion carried 7 -0.
PUBLIC HEARINGS
Upon motion the rules were suspended allowing anyone present to address the City
Council.
Water & Resource Recovery Center Cogeneration Project: Proof of publication on
notice of public hearing to consider approval of plans, specifications, form of contract
and estimated costs for the Water & Resource Recovery Center Cogeneration Project
and the City Manager recommending approval. Motion by Braig to receive and file the
documents and adopt Resolution No. 8 -13 Approving the plans, specifications, form of
contract, and estimated cost for the Water & Resource Recovery Center Cogeneration
Project. Seconded by Connors. City Manager Van Milligen and Water & Resource
Recovery Center Manager Jonathan Brown responded to questions from the City
Council regarding the project costs, bidding process, local and regional markets for by-
4
products, turbine efficiency and maintenance, potential for grant monies and, and
generating electricity and additional revenues. Motion carried 6 -1 with Lynch voting nay.
Sewer Revenue Capital Loan Notes: Proof of publication on notice of public hearing
to consider the issuance of not to exceed $2,400,000 Sewer Revenue Capital Loan
Notes from the Iowa Water Pollution Control Works Financing Program and the City
Manager recommending approval. Motion by Jones to receive and file the documents
and adopt Resolution No. 9 -13 Instituting proceedings to take additional action for the
authorization of a Loan and Disbursement Agreement and the issuance of not to exceed
$2,400,000 Sewer Revenue Capital Loan Notes. Seconded by Resnick. Motion carried
6 -1 with Lynch voting nay.
Upon motion the rules were reinstated limiting discussion to the City Council.
ACTION ITEMS
Greater Dubuque Development Corporation - Quarterly Update: President and CEO
Rick Dickinson presented the quarterly update on the activities of the Greater Dubuque
Development Corporation. Highlights included information on achieving or surpassing
goals in the areas of low unemployment, increased job growth, increased new
commercial and residential construction, an increased average wage, and creating a
talented workforce. Motion by Connors to receive and file the information. Seconded by
Resnick. Motion carried 7 -0.
City Hall HVAC Project Acceptance: City Manager recommending acceptance of the
2012 City Hall HVAC Project, as completed by Tricon Construction. Motion by Braig to
receive and file the documents and adopt Resolution No. 10 -13 Accepting the 2012 City
Hall HVAC Project and authorizing the payment of the contract amount to the
contractor. Seconded by Connors. Motion carried 7 -0.
Comprehensive Annual Financial Report (CAFR): City Manager transmitting the
Fiscal Year 2012 Comprehensive Financial Report (CAFR), Auditor's Communication
with Those Charged with Governance Letter, along with the City Finance staffs
response. Motion by Connors receive and file the documents. Seconded by Braig.
Finance Director Ken TeKippe and Dave Kale of Eide Bailly provided information
regarding the preparation of the report and responses to the auditors. Motion carried 7-
0.
City Council Appointments to Boards and Commission: Correspondence from M.
Thomas Stovall, Executive Director of Operation: New View Community Action Agency,
requesting that the City make appointments to the Board of Directors at the first meeting
in January 2013 (currently City Council Members Lynn Sutton and David Resnick), and
a representative appointed by the City Manager (currently Alvin Nash).
Mayor and City Council appointments to various Boards and Commissions.
Motion by Connors to receive and file the documents; adopt the changes as indicated
to the City Clerk; reappoint Council Members Sutton and Resnick and the City
5
Manager's representative Alvin Nash, and that staff be directed to draft a letter to
Operation: New View regarding amendment of the Agency's bylaws as they relate to
membership and City representation. Seconded by Braig. Motion carried 7 -0.
COUNCIL MEMBER REPORTS
Council Member Connors reported on the attendance of the Wahlert High School
Debate Club at tonight's meeting and indicated that she will contact them about the
youth commissioner vacancy on the Environmental Stewardship Advisory Commission.
Council Member Jones reported on the death of City Conference Board Member Fritz
(John) Ganshirt.
CLOSED SESSION
Motion by Jones to convene in closed session at 7:51 p.m. to discuss pending
litigation and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa.
Upon motion, the City Council reconvened in open session at 8:20 p.m. stating that
staff had been given proper direction.
There being no further business, upon motion the City Council adjourned at 8:21 p.m.
1t 1/16
/s /Kevin S. Firnstahl, CMC
City Clerk
6