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Proof of Publication_City Council Proceedings 12 17 12CITY OF DUBUpUE, 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, Con - nors, 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 Coor- dinator Cori Burbach and Smarter sustain- able' Dubuque Project Manager David Lyons provided a slide presentation on the history and progress of the Sustainable Dubu- I que Project. Highlights included: From the Project's Beginning • citizen /community engagement • strategic goals/ objectives: structure, planning, education and engagement • performance mea- I sures • collaboration, part- nerships, and mem- bership • mini grants program • 2013 indicators re- port • marketing and outreach • engage, retain, and expand business com- munity • workforce devel- opment Smarter Sustainable Dubuque • Smarter water, electricity,discard man- agement, transporta- tion, health & wellness • city in motion • energy conservation solution • energy portal • community engage - ment platform • use of data protocol There being no further business, upon motion the City Council adjourned at 6:21 p.m. /s /Kevin S. Firnstahl, CMC, City Clerk 1t 12/26 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 Certifi- cation: 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 Dis- trict Complete Streets Project: Planning Ser- vices Manager Laura Carstens presented the Iowa Chapter of the American Planning Association's Imple- mentation 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 dis- pose of as indicated. Seconded by Braig. Motion carried 7 -0 Minutes and Reports Submitted: Cable TV Commission of 11/7, Catfish Creek Water- shed Management Association of 10/24, City Council Proceed- ings of 12/3, Civil Service Commission of 12/10, Community De- velopment Advisory Commission of 11/28, Human Rights Com- mission 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 Proceed- ings 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 Schuel- ler 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 Mana- ger recommending' approval of the fiscal Year 2012 -2013 DARE Agreement between the City of Dubuque Police Department and the Dubuque Commun- ity 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 Wash- ington 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 Com- mission 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 Com- mission 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 recom- mending approval of the levy of special assessment for side- walk 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. Administrative Ser- vices ° Agreement ` for Workers' Compensa- tion Claims: City Man - ager ' recommending approval of the Worker's Compensa- tion Claims Adminis- trative Services Agree- ment with Alternative Service Concepts, LLC effective October 1, 2012, through Septem- ber 30, 2013. Upon motion the documents were received, filed and approved. White. Water Creek Bridge Relocation Pro - ject Phase i5 Fencing - Project Acceptance: City Manager is recommending accep- tance of the construc- tion contract for the Historic White Water Creek ;Bridge, Reloca- tion. Project, Phase 5 - Fencing, as completed by Giese Manufac- turing Company, Inc., and authorize payment of the contract. Upon STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: December 26, 2012, and for which the charge is $286.11. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this day of motion the documents were received and filed and Resolution No. 345 - 12 Accepting the Historic White Water Creek Bridge Reloca- tion Project, Phase 5 Fencing, and author- izing the payment of the contract amount to the contractor was adopted. VISTA Memorandum of Agreement for 3rd Grade Reading: City Manager recommend- ing approval . of an AmeriCorps VISTA Memorandum of Agreement with the Corporation of National and Community 'Ser- vice for four VISTA positions to assist with the third grade reading initiative. Upon motion the documents were received, filed and ,20 . Notary Public in and for Dubuque County, Iowa. approved. School Resource Officer (SRO) Agree- ment for Fiscal Year 2012 -2013: City Man- ager recommending approval of the Fiscal Year 2012/2013 School Resource Officer Agree- ment 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 submi- tting her resignation from the Safe Community Advisory Committee. Upon motion the documents were received, filed and the resignation accepted. Improvement Con- tracts / Performance, Payment and Mainte- nance Bonds: McDer- mott 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 Man- ager 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. 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 Cogen- eration Facilities: City Manager recommend- ing 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 advertise- ment 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 publi- cation 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 Decem- ber 31, 2013 (Expiring term of Twining). Applicant: ConnieTwin- ing, 421 N Booth St. Ms. Twining spoke in support of her appointment. Appointments to the following Boards /Com- missions: Community Develop- ment Advisory Com- mission: 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 car- ried 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 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 allow- ing 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 Grand- view Avenue from OS Office Service District and OR Office Resi- dential District to ID Institutional District and the Zoning Advisory Commission recommending appro- val. 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. Sec -; onded by Connors. President and CEO for Finley Hospital David Brandon spoke in favor of the rezoning and provide some project details. Planning Ser- vices -- 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 - herein- after described pro- perty located at 390 and 444 North Grand- view 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 limit- ing discussion to the City Council. ACTION ITEMS Sixteenth Street Lease Agreement: City Manager recommend- ing authorization of a 30 -day public notice on the competitive dis- position of an approx- imately 3.25 acre site of City -owned property on 16th' Street. Motion by Connors to receive and file the documents, approve the recom- mendation and adopt Resolution No. 349 -12 (1) - 'Approving the minimum require- ments, competitive criteria, and offering procedures I'Or the development and the lease of certain real property and improve- ments in the Greater Downtown Urban Renewal District; (2) Determining that the lease submitted by Rainbo 00 Co. satisfies the offering require- ments 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 Applica- tions for Fiscal Year 2014: (Resubmitted from the December 3, 2012 Meeting). City Manager and the Community Develop- ment Advisory Com- mission submitting re- vised recommenda- tions for the Fiscal Year 2014 Purchase of Service Grant funding to be made through the Fiscal Year 2014 Budget process. Mo- tion by Connors to receive and file the documents and sup- port the recommen- dations submitted by the City Manager and the Community Devel- opment Advisory Com- mission. Seconded by Braig. Motion carried 7 -0. Fifth and Bluff Streets Restroom Project De- sign Recommendation: (Tabled from the December 3, 2012 meeting.) City Man- ager transmitting a summary, of the fees submitted by the six responding firms for design services for the 5th and Bluff Restroom Project and recom- mending 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 recom- mendation. Seconded by Resnick. Motion carried 7 -0. Annual Action Plan for Fiscal Year 2013 - Amendment 1: City Manager recommend- ing approval of the FY 2013 Annual Action Plan- Amendment 1 for the Community Devel- opment bock Grant (CDBG) Program. Mo- tion 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 Develop- ment Block Grant (CDBG) funds. Sec- onded by Lynch. Motion carried 7 -0. Code of Ordinances - Liquor Control Amend- ment: City Manager recommending appro- val 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 -28- 6 Requirements for Premises, eliminating outdated language and adding language that is consistent with the Iowa Code and the City's Unified Develop- ment Code. Motion by Connors to receive and file the documents and that the requirement that a proposed ordinance be consi- dered 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 Pro- hibited 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 Pre - mises 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 recommend- ing approval to purchase software and services for Neptune IQ with NWWS /Ferguson Group and Neptune Technology for the "early adopter" dis- counts. Motion by Braig to receive and file the documents and approve , the recom- mendation. Seconded by Jones. Motion carried 7 -0. 40 Main, LLC - Fifth Amendment to Devel- opment Agreement: City Manager recom- mending approval of the Fifth Amendment to the. Development Agreement with 40 Main, LLC that modifies the repay- ment 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 ques- tions 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 appro- val 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 recommend- ing approval to decline the Department of Energy Smart Grid Data Access Grant. Motion by Jones to receive and file and approve the recommendation. Sec- onded by Resnick. Motion carried 7 -0. Safe Community Advisory Committee Continuation: City Man- ager recommending approval to extend the existence of the Safe Community Advisory Committee until De- cember 31, 2013. Motion by Connors to receive and file the aocuments 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. Sec- onded 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 extend- ing 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. Sec- onded by Braia. Motion carried 7 -0. PUBLIC INPUT Louis Mihalakis, 1212 Miller Road, stated that he believes bids for projects for the Housing and Com- munity 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. /s /Kevin S. Firnstahl, CMC, City Clerk 1t 12/26