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