Proof of Publication for City Council Proceedings of 1 22 13CITY OF DUBUQUE,'
IOWA
CITY COUNCIL
PROCEEDINGS
REGULAR SESSION
The Dubuque City
Council met in regular
session at 6:30 p.m. on
January 22, 2013 in the
Historic Federal Build
ing, 350 W. 6th Street
Present: Mayor Buol;
Council Members
Braig, Connors, Jones,
Lynch, Resnick, Sutton;
City Manager van'
Milligen (via phone),'
City Attorney Lindahl,
stant
SAssi MteinhauseCityr
Mayor Buol read Manager the
call and stated this is a
regular session of the
City, Council called for
the purpose: of con
dhucting such business
tat may
come before the City
Council
PLEDGE OF
MOMENT ALLEGIANCE
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 Lynch to'
receive and file the
documents, adopt the
resolutions, and dis
pose of as indicated
Seconded by' Resnick.
Motion carried 7 -0.
Minutes and Reports'
Submitted: City Coun
cil proceedings o 1/7,(
Civil Service Commis
sion of 1/14, Com -'
munity Development
Advisory Commission'
of i/2, Historic Pres-
ervation Commission
Education Task Force'
of 1/3, Human Rights
Commission of
12/10/12, Safe room_
munity Advisory Com
mittee of 1/9, Sister-
City Relationships
Advisory Commission`
of 1/9, Zoning Advisory'
Commission of 1/3,
Zoning Board of
Adjustment of
12/20/12, Proof of
publication for City'
Council proceedings of
12/17/12. Upon motion
the: documents were:
received and filed.
Notice of Claims and
Suits : Frank Ahibachr
for vehicle damage,
Amelia Brimeyer for
personal injury,
Richard Curiel Jr. for
loss of property, Albert; place No
1. Upon
Hoist for personal
injury, Roger ,Meyer for
Amendments: Corres-
pondence from the
Iowa Economic Devel-
opment Authority ad-
vising the City of
Amendment No. 2 to
CDBG contract number
008 -DRH -212 (Carad-
co), which extends the
contract date to March
31, 2013; and trans-
mitting an executed
copy of Amendment
No. 3 to CDBG contract
number 08- DRIFWP -203
(Watershed Manage-
ment), Upon motion
the documents were
received and filed.
QuadGraphics: Corres-
pondence from Gregg
Bolt, Executive Vice
President of Human
Resources and Admin-
istration for Quad -
Graphics, informing the
City of plans to
restructure certain
operations at ! its
facility located at 2470
Kerper Blvd. and the
positions effected.
Upon motion the
documents were
received and filed.
Revitalize Iowa's
Sound Economy (RISE) -
Grant Application: City
Manager recommend-
ing approval of a
resolution endorsing a
Revitalize Iowa's
Sound Economy (RISE)
grant application for a
new street to serve
approximately, 78 +acres
of new industrial
property located on the
former South Siegert
Farm. Upon motion the
documents were re-
ceived and filed and
Resolution No. 13 -13
Endorsing the sub -
mission of a Revitalize
Iowa's Sound Economy
(RISE) Application to
the Iowa Department
of Transportation for
the construction of a
new street in Dubuque
Industrial Center South
was adopted.
Civil' Service Com-
mission: Civil Service
Commission submit-
ting the certified list
for the position of
Police Corporal. Upon
motion the documents
were received and
filed.
Brunskill Street Place
No. 1: City Manager
recommending accept-
ance of the public
sanitary sewer im-
provements that the
developer, McDermott
Brothers Construction,
has recently completed
in Brunskili `Street
motion the documents
City Attorney recom-
mending approval of a
Co- Generation Agree-
ment between the City
and Jeld -Wen, Inc.
Upon motion the
documents were re-
ceived, filed and
approved.
Alcohol Compliance
Civil Penalty for
Alcohol License Hold-
ers - Beecher Bever-
age: City Manager
recommending appro-
val of the Acknow-
ledgment /Settlement
Agreement for an
alcohol compliance
violation for Beecher
Beverage, 1691 Asbury
Road. Upon motion the
documents were
received, filed and
approved.
Alcohol Compliance
Civil Penalty for
Alco License r
Holdeohrs l - Kwik Sta
#495: City Manager
recommending appro-
val of the Acknow-
ledgment /Settlement
Agreement' for an
alcohol compliance
violation for Kwik Star
#495, 2685 Dodge
Street. Upon motion
the documents were
received, filed and
approved.
Alcohol and Tobacco
License Applications:
City Manager recom-
mending approval of
annual ;liquor, beer,
wine and tobacco
licenses applications
as submitted. Upon
motion the documents
were received and filed
and Resolution No. 19-
13 Approving applica-
tions 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; and Reso-
lution No. 20.13
Approving applications
for retail cigarette/
tobacco sales permits,
as required by Iowa
Code 453A.47A were
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.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow -
ing anyone present to
address the City
Council.
Request to Rezone -
900 Seippel Road: Proof
of publication on
notice of public
hearing to consider a
request by Joe and
Linda Delaney / JLD
Investments, LLC to
rezone property locat-
ed at 900 Seippel Road
(Lot I2 Seippel Road
Commercial Park #4)
from CS Commercial
Service and Wholesale
District with conditions
to AG Agricultural
District and the Zoning
Advisory Commission
recommending appro-
val. Motion by Lynch 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.
Planning Services Man -
ager Laura Carstens
provided a staff report.
Motion carried 7-0.
Motion by Lynch for
final, consideration and
passage of Ordinance
No. 1 -13 Amending
Title 16 of the City of
Dubuque Code of
Ordinances, Unified
Development Code, by
reclassifying herein-
after 'described pro-
perty located at 900
Seippel Road from CS
Commercial Service
and Wholesale' District,
with Conditions, to AG
Agricultural District.
Seconded by Braig.
Motion carried 7 -0.
Dubuque ` County
Regional Smart Plan:
Proof of publication on
notice of public
hearing to consider
adoption of the
Dubuque County
Regional Smart Plan
and the City Manager
recommending appro-
val. Motion by Jones to
receive and file the
documents including
correspondence re-
ceived from the Long
Range Planning Advi-
sory Commission and
adopt Resolution No.
23 -13 Adopting Dubu-
que County 'Regional
Smart Plan. Seconded
by Resnick. Resnick
stated that the entire
plan is available for
viewing by the public
expected that the
existing station will
service truck traffic
and the new station
will service standard
vehicles. Motion car-
ried 7 -0.
Warehouse Redevel-
opment, !,LLC - Parking
Agreement Amend-
ment: City Manager
recommending appro-
val of the First Amend-
ment to Purchase
Agreement (Offer to
Buy and Acceptance)
between the City of
Dubuque and Ware-
house Redevelopment,
LLC related to parking
for the Caradco
Project. Motion by
Connors to receive and
file the documents and
adopt Resolution! No.
26-13 Approving the
First Amendment to an
agreement for the
purchase of real estate
In the Historic Millwork
District, City of
Dubuque, Iowa, com-
the Alamo Site (Foun-
dry Building Area) from
Warehouse Redevelop-
ment, LLC. Seconded
by Jones. Responding
to questions from the
City Council, Economic
Development Director
Dave Heiar stated that
the surface parking lot
will remain until details
regarding the use of
the new facility can be
clarified with the
Federal Transit Admin
istration at an ` up-
coming meeting in
February. Motion car-
ried 7 -0.
Request for Proposals
- Indoor Aquatic Center
Study: City Manager
recommending appro-
val of a Request for
Proposal for an Indoor
Aquatic Center Study.
Motion by Jones to
receive and file the
documents and ap'
prove the recommen-
dation. Seconded by
Connors. Motion car-
ried 7 -0.
Smarter Sustainable
Dubuque Pilot Project
on Smarter Discards:
City Manager recom-
mending approval of a
Joint Development
Agreement with IBM to
test a Proof of Concept
related to developing
an Intelligent Discard
Management module
as part of IBM's
Smarter City suite of
software services.
Motion by Connors to
receive and file the
documents and ap-
prove the recommen-
It 1/30
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: January 30, 2013, and for which the charge is $311.02.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this jepo day of - ,., , 20 4 .
Notary Public in and for Dubuque County, Iowa.
K, WESTaiV ,`i
.;urilrtilim101 Pl!J t! .i I
CITY OF DUBUQUE,
IOWA
CCTV COUNCIL
personal injury, Lisa
and Chris Vogt for
property damage.
Upon motion the
documents were
received, filed and
referred to the City
Attorney.
Disposition of Claims:
Frank Ahlbach for
vehicle damage; Leroy
Benson for vehicle
damage; Amelia Bri-
meyer for personal
injury, Richard Curiel,
Jr. for loss of property,
Albert Hoist for
personal injury, Roger
Meyer for personal
injury. Upon motion the
documents were re-
ceived, filed and
cpmcirred.
Appeal of Claim by
Joseph Healey: Joseph
Healey, 2586 Crissy
Drive, submitting a
Letter of Appeal
regarding denial of his
claim against the City
from December 7, 2012
for sewer line damage.
Upon motion the
document was re-
ceived, filed and
referred to the City
Attorney.
Human Rights
Commission - Fiscal
Year 2012 Annual
Report: City Manager
transmitting the Hu-
man Rights Commis-
sion's Fiscal Year 2012
Annual Report. Upon
motion the documents
were received and
filed.
Request for Proposals
- Chaplain Schmitt
Island Master Plan:
City Manager recom-
mending approval of
the Request for
Proposal and planning
process for the
Chaplain Schmitt
Island Master Plan.
Upon motion the
documents were
received, filed and
approved.
Public, Educational
and Government (PEG)
Capital Expenditure
Request: City Manager
recommending appro-
val of the Cable TV
Commission's request
for up to $50,000 from
the Public, Educational,
and Government (PEG)
Capital Grant on behalf
of the local access
community to ensure
the on -air playback
operations at our four
local access origination
sites. Upon motion the
documents were
received, filed and
approved.
Workers' Compen-
sation Settlement
Agreement: City Attor-
ney recommending
approval of an
Agreement for Settle-
ment regarding a
Workers' Compensa-
tion claim that was
filed against the City
by Jim Melloy. Upon
motion the documents
were received, filed
and approved.
Plat of Survey - Wild
Rose Place No. 2:
Zoning Advisory Com-
mission recommending
approval of the Plat of
Survey for Wild Rose
Place No. 2 as
requested by WMK
Investment Properties,
LLC. Upon motion the
documents were
received and filed and
Resolution No.11 -13
Approving the Plat of
Survey of Wild Rose
Place No. 2 in Dubuque
County, Iowa, was
adopted.
Plat of Survey - 251-
253 W. 17th Street:
Zoning Advisory Com-
mission recommending
approving of the Plat of
Survey for property
located at 251 -253 W.
17th Street as
requested by the City
of Dubuque. Upon
motion the documents
were received and filed
and Resolution No. 12-
13 Approving the Plat
of Survey of Lot 1 and
Lot 1A of Dorgan's
Subdivision No. 2 in
Dubuque, Iowa, was
adopted.
Iowa Economic
Development Authority
- CDBG Contract
Amendments: Corres-
pondence from the
Iowa Economic Devel-
opment Authority ad-
vising the City of
Am■nrlmnnt Aln ') +n
were received and filed
and Resolution No. 14-
13 Accepting Public
mprovements in
Brunskill Street Place
No. 1 was adopted.
English Ridge
Subdivision: City Man-
ager recommending
acceptance of the
public improvements,
with the exception of
the stormwater deten-
tion facilities, that the
developer, English
Ridge, LLC has recently
completed in English
Ridge Subdivision.
Upon motion the
documents were
received and filed and
Resolution No. 15 -13
Accepting public im-
provements in English
Ridge Subdivision was
adopted.
Loras Estates -
Sanitary Sewer and
Watermain Improve-
ments: City Manager
recommending accept-
ance of the sanitary
sewer and watermain
improvements that the
developers, Ronald L.
and Janice M. Smith,
have recently com-
pleted in Loras Estates.
Upon motion the
documents were
received and filed and
Resolution No. 16 -13
Accepting sanitary
sewer and watermain
improvements in Loras
Estates was adopted.
Harvest View Estates -
Vacate of Sanitary
Sewer Easement: City
Manager recommend-
ing approval of a
resolution acknow-
ledging the vacation of
the sanitary sewer
easement in Harvest
View Estates First
Addition. Upon motion
the documents were
received and filed and
Resolution No. 17 -13
Acknowledging the
vacation of a sanitary
sewer easement in Lot
1 of Lot 1 of Lot 1 of the
east half of the
southwest quarter of
Sect•on 16, T89N, R2E
of the Fifth Principal
Meridian in the City of
Dubuque, Dubuque
County, Iowa, was
adopted.
Seippel Road -
Dedication of Right -of-
Way: City Manager
recommending accept-
ance of a Quit Claim
Deed for Seippel Road
right -of -way from JLD
Investments, LLC. Upon
motion the documents
were received and filed
and Resolution No. 18-
13 Accepting .a con-
veyance of property
was adopted.
Stipulation of Settle-
ment - Property Tax
Appeal: City Attorney
recommending appro-
val of the Stipulation of
Settlement for Kohl's
Department Store, 2595
NW Arterial, property
tax protest. Upon
motion the documents
were received, filed
and approved.
Dubuque Jaycees -
Veterans' Memorial
Park Lease: City Man-
ager recommending
approval of a one -year
agreement with the
Dubuque Jaycees to
operate a community
garden at Veterans'
Memorial Park. Upon
motion the documents
were received, filed
and approved.
North Fork Con-
tainment Wall Project:
City Manager recom-
mending that the
award for the North
Fork Containment Wall
Project be officially
recorded in the
minutes of the City
Council. Upon motion
the documents were
received, filed and
made a Matter of
Record.
AmeriCorps 2013 -2014
Grant Application: C ty
Manager requesting
approval to submit the
2013 -2014 AmeriCorps
grant application. Upon
motion the documents
were received, filed
and approved.
Jeld -Wen, Inc. - Co-
Generaton Agreement:
City Attorney recom-
mending approval of a
Co- Generation Agree-
ment between the City
and Jeld -Wen, Inc.
I Innn mn +inn +,e.
Asbury Tank Recon-
ditioning Project: City
Manager recommend-
ing initiation of the
bidding process for the
Asbury Tank Recon-
ditioning Project and
further recommends
that a public hearing
be set for February 4,
2013. Upon motion the
documents were
received and filed and
Resolution No. 21 -13
Preliminary approval of
the specifications,
form of contract, and
estimated cost; setting
date of public hearing
on the specifications,
form of contract, and
estimated cost; and
ordering the adver-
tisement for bids
(Asbury Tank Recondi-
tioning Project) was
adopted setting a pub-
lic hearing for a meet-
ing to commence at
6:30 p.m. on February
4, 2013 in the Historic
Federal Building.
Weaver Castle, LLC -
Development Agree-
ment: City Manager
recommending that
public hearing be set
for February 4, 2013, to
approve a Develop-
ment Agreement with
Weaver Castle, LLC to
redevelop property
located at 407 -409
Loras Boulevard. Upon
motion the documents
were received and filed
and Resolution No. 22-
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
Obligations and the
execution of a
Development Agree-
ment relating thereto
with Weaver Castle,
LLC, and providing for
the publication of
notice thereof was
adopted setting a pub-
lic hearing for a meet-
ing to commence at
6:30 p.m. on February
4, 2013 in the Historic
Federal Building.
BOARDS/
COMMISSIONS
Appointments were
made to the following
Boards /Commission to
be made at this
meeting:
Community Develop-
ment Advisory Commis-
sion: Two 3 -Year terms
through February 1,
2016 (Expiring terms of
Ca dwell and Maloy)
App icants: Theresa M.
Ca dwell, 1633 Elm St.;
and Paula Maloy, SVM,
2950 Kaufmann Ave.
Motion by Lynch to
appoint Theresa Cald-
well and Paula Maloy
to 3 -year terms
through February 1,
2016. Seconded by
Jones. Motion carried 7 -0.
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. Motion by
Connors to appoint all
7 applicants to 1 -year
terms through Decem-
ber 31, 2013. Seconded
by Jones. Motion
carried 7 -0.
Sister City Rela-
tionship Advisory Com-
mission: Two 3 -Year
Terms through Febru-
ary 1, 2016 (Expiring
terms of Phillips and
Thurn) Applicants: Bet-
ty J. Phillips, 3047 Kane
Ct.; and Louise Thurn,
3037 Kaufmann Ave.
Motion by Lynch to
appoint Betty Phil -lips
and Louise Thurn to 3-
year terms through
February 1, 2016.
Seconded by Brag.
Motion carried 7 -0.
PUBLIC HEARINGS
Upon motion the rules
were suspended allow-
ing anyone present to
address the City
.nn.
from the City's web
page. Motion carried 7 -0.
Rousselot, Inc. -
Development Agree-
ment: Proof of Publi-
cation on notice of
public hearing to
consider approval of a
Development Agree-
ment with Rousselot,
Inc., for a 9,000 square -
foot expansion to its
facility at 2350 Kerper
Blvd. and the City
Manager recommend-
ing approval. Motion
by Lynch to receive
and file the documents
and adopt Resolution
No. 24 -13 Approving
issuance of Urban
Renewal Tax Increment
Revenue Obligations
and the execution of a
Development Agree-
ment relating thereto
with Rousselot, Inc.
Seconded by Jones.
Motion carried 7 -0.
Upon motion the rules
were reinstated limit-
ing discussion to the
City Council.
ACTION ITEMS
Five Flags Center
Annual Report Presen-
tation: Five Flags
Center Manager Joyce
White of SMG gave a
presentation on the
current fiscal year
activities and future
plans for the Five Flags
Center, which included
information on positive
budget numbers since
the elimination of
revenue from ice
events, percentages of
usage in the categories
of performing arts,
community events, and
entertainment; the use
of social media
services and marketing
assessments; and the
web site redesign.
Motion by Jones to
receive and file the
documents and infor-
mation. Seconded by
Resnick. Motion car-
ried 7 -0.
Automated Vehicle
Location (AVL) System
Presentation: Street
and Sewer Mainte-
nance Supervisor John
Klostermann gave a
slide presentation
regarding the City of
Dubuque's Automatic
Vehicle Location (AVL)
system equipment
installed in the Public
Works Department's
snow and ice control
trucks and heavy
equipment, which
a lows the City to
e ectronically track its
p owing operations.
Klostermann described
the new plowing oper-
ations map now avai -
able on the City's web
page that enables cit'-
zens to monitor plow-
ing progress and his-
tory through color -cod-
ed, user - friendly map-
ping connected to the
AVL system. Motion by
Connors to receive and
file the documents and
information. Seconded
by Jones. Motion car-
ried 7 -0.
Rainbo Oil Lease
Agreement - 16th Street
Corridor: City Manager
recommending utiliza-
tion of the attached
proceedings (1) if a
competitive proposal is
submitted prior to the
posted dead ine; or, (2)
if no competitive
proposal is submitted,
recommends approval
of the resolution
accepting the proposal
submitted by Rainbo
Oil Co. DBA Kwik Stop
C- Stores. Motion by
Braig to receive and
file the documents and
adopt Resolution No.
25 -13 Approving dis-
posal of an interest in
real property owned by
the City of Dubuque by
ease agreement with
Rainbo Oil Co. DBA
Kwik Stop C- Stores.
Seconded by Jones.
Mayor Buol stated that
no proposals had been
received. Responding
to questions from the
City Council, Economic
Development Director
Dave Heiar stated that
due to the relationship
between Rainbo Oil
and Mulgrew Oil, it is
expected that the
existing station will
service truck traffic
and the new station
will service standard
nom._
dation. Seconded by
Braig. Responding to
questions from the City
Council, Resource Man-
agement Coordinator
Paul Schultz stated
that this action
approves the devel-
opment agreement and
that information
regarding the budget
detail will come to the
Council at a future
meeting. He added that
there is funding
available and that
hardware purchases
will remain property of
the City. Motion car-
ried 7 -0.
Fiscal Year 2014
Budget Policy Guide-
lines: City Manager
recommending adop-
tion of the Fiscal Year
2014 Budget Guide-
lines. Motion by Braig
to receive and file the
documents and ap-
prove the FY 2014
Budget Policy Guide-
lines. Seconded by
Connors. Responding
to questions from the
City Council, City
Manager Van Milligen
discussed the reason-
ing behind excluding a
property tax rate figure
due to the impact of a
number of components
that cannot be
determined at this
time, such as the
Federal Affordable
Care Act, Municipal
Fire and Police Retire-
ment pensions, and
new laws governing
Tax Increment Financ-
ing. Motion carried 7 -0.
Every Child / Every
Promise: City Manager
recommending setting
a work session for
March 4, 2013 at 5:30
p.m. regarding the
progress made on
Every Child / Every
Promise objectives as
requested by the
Community Foundation
of Greater Dubuque.
Motion by Jones to
receive and file the
document and set the
work session as
recommended. Sec-
onded by Braig. Motion
carried 7 -0.
COUNCi L MEMBER
REPORTS
Mayor Buol reported
on his attendance at
the recent U.S.
Conference of Mayors
in Washington D.C.
stating that cities
across the nation are
dealing with a
multitude of issues
ncluding infrastruc-
ture, educated work-
force and low grad-
uation rates, sustain -
ability, and specifically
gun violence perspec-
tives. Buol also noted
that Indianapolis, Indi-
ana, received a
sustainability award
for completely convert-
ing its city's fleet from
oil -based fuel.
Council Member Braig
reported on grass roots -
level discussions on
violence organized by
the Sisters of St.
Francis at Mt. Carmel.
The next meeting will
be held on February 3,
2013 at St. Mark
Community Center.
Council Member
Connors reported on
her visit with Senator
Pam Jochum at the last
Cracker Barrel discus-
sion and encouraged
attendance at future
discussion, which are
held monthly. The next
Cracker Barrel will be
held on February 2,
2013 at the Diamond Jo
Casino and the topic is
expected to be
property tax changes.
PUBLIC INPUT
Jeff Lenhart, 1711
Clarke Drive, addres-
sed the City Council
about an event on the
evening of February 22,
2013 at the Diamond Jo
Casino where author
Will Bowen will discuss
his book "A Complaint
Free World."
There being no
further business, upon
motion the City Council
adjourned at8:05 p.m.
/s /Kevin S.•Firnstahl,
CMC, City Clerk
it 1/30