12 17 12 City Council Proceedings Official_Special and RegularCITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
SPECIAL SESSION
OFFICIAL
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 Dubu-
que 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 & well-
ness
• 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.
/s /Kevin S. Firnstahl, CMC, City Clerk
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CITY OF DUBUQUE, IOWA
CITY COUNCIL PROCEEDINGS
REGULAR SESSION
OFFICIAL
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, Sut-
ton; 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 Cate-
gory to the Carnegie -Stout Public Library and the City Council.
Iowa American Planning Association (APA) Award for Historic Millwork District Com-
plete 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 dis-
pose of as indicated. Seconded by Braig. Motion carried 7 -0
Minutes and Reports Submitted: Cable TV Commission of 11/7, Catfish Creek Wa-
tershed Management Association of 10/24, City Council Proceedings of 12/3, Civil Ser-
vice 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.
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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. Up-
on 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 re-
ceived, 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.
RESOLUTION NO. 342 -12
APPROVING THE FINAL PLAT OF BRUNSKILL STREET PLACE NO.1 IN THE CITY
OF DUBUQUE, IOWA
Whereas, McDermott Brothers Construction, as owners, have filed with the City Clerk
the Final Plat of Brunskill Street Place No. 1 in the City of Dubuque, Iowa; and
Whereas, upon said final plat appear right -of -way for Brunskill Road (Lot B), together
with certain public utility, sanitary sewer and water main easements, and storm water
detention facilities (Lot A) which McDermott Brothers Construction by said final plat has
dedicated to the public forever; and
Whereas, said plat provides 0 feet of frontage for Lots 2 thru 6 , inclusive, and Lot A,
where 50 feet is required by Section 16- 11 -14(B) of the Unified Development Code; and
Whereas, the final plat has been examined by the Zoning Advisory Commission and
its approval has been endorsed thereon; and
Whereas, said final plat has been reviewed by the City Planner and her approval has
been endorsed thereon, subject to the owner's agreeing to the conditions specified
herein; and
Whereas, said final plat has been examined by the City Council and the City Council
find the final plat conforms to the applicable statutes and ordinances, except that the
streets and public utilities have not yet been completely constructed or installed.
3
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Brunskill Road right -of -way (Lot B), detention facili-
ties (Lot A) and the easements for sanitary sewer, as they appear on said final plat, be
and the same are hereby accepted; and
Section 2. That Section 16 -14 11(B) of the Unified Development Code, is waived to
allow Lots 2 through 6, inclusive, and Lot A to have 0 feet of frontage, where 50 feet of
frontage is required; and
Section 3. That the final plat of Brunskill Street Place No. 1 is hereby approved and
the Mayor and City Clerk are hereby authorized and directed to endorse the approval of
the City of Dubuque, Iowa upon said final plat, provided McDermott Brothers Construc-
tion execute their written acceptance of the attached conditions and further agree:
(a) To install sanitary sewer main and sewer service laterals into each individual
lot, private water main and water service laterals into each individual lot, and ero-
sion control devices all in accordance with the city of Dubuque standard specifi-
cations in a manner acceptable to the City Engineer and in accordance with con-
struction improvement plans approved by the City Engineer, and inspected and
approved by the City Engineer.
(b) To construct a storm water detention facility (Lot A) in a manner acceptable to
the City Engineer, in accordance with the City of Dubuque standard specifica-
tions approved by the City Engineer, and inspected by the City Engineer.
(c) To construct the improvements outlined in (a) and (b) above within two years
from the date of acceptance of this resolution, at the sole expense of McDermott
Brothers Construction, or future owner.
(d) To maintain the improvements outlined in (a) and (b) above for a period of
two (2) years from the date of the acceptance of those improvements by the City
Council of the City of Dubuque, Iowa, at the sole expense of the owners, or fu-
ture owner.
(e) To provide security for the performance of the foregoing conditions specified
in this Section in such form and with such sureties as may be acceptable to the
City Manager of the City of Dubuque, Iowa.
Section 4. The owner must continue to maintain Lot A and storm water detention fa-
cility until (1) the facility has been fully completed, (2) 80% of the platted lots have been
fully developed, and (3) adequate erosion control measures, as approved by the City
have been installed on the remaining 20% of the lots. Acceptance of the facility must be
by the City Council as required by the Subdivision Ordinance. Upon the City's ac-
ceptance of the detention facility, the inspection administrative and maintenance ex-
penses incurred by the City of Dubuque for the storm water detention facility (Lot A)
shall be assessed against the lot owners of all additions in Brunskill Street Place No. 1,
except the City, as indicated in the preliminary plat, in proportion to the acreage of each
lot. The City Manager shall certify such costs to the City Clerk, who in turn shall prompt-
ly certify such costs to the Dubuque County Treasurer, and such costs shall then be col-
lected with and in the same manner as general property taxes in accordance with provi-
sions of law.
Section 5. That the final acceptance of the public improvements shall only occur upon
certification of the City Engineer to the City Council that the public improvements have
4
been completed in accordance with the approved improvement plans and City stand-
ards and specifications and accepted by City Council resolution.
Section 6. That in the event McDermott Brothers Construction fails to execute the ac-
ceptance and furnish the guarantees provided hereof within 180 days after the date of
this Resolution, the provisions hereof shall be null and void and the acceptance of the
dedications and approval of the plat shall not be effective.
Passed, approved and adopted this 17th day of December 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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 Reso-
lution No. 343 -12 Approving the Final Plat of Timber -Hyrst Estates No. 3 in the City of
Dubuque, Iowa, was adopted.
RESOLUTION NO. 343 -12
APPROVING THE FINAL PLAT OF TIMBER -HYRST ESTATES NO. 3 IN THE CITY
OF DUBUQUE, IOWA
Whereas, North Cascade Road Developers, LLC, as owners, have filed with the City
Clerk the Final Plat of Timber -Hyrst Estates No. 3 in the City of Dubuque, Iowa; and
Whereas, upon said final plat appears streets to be known as Creek Wood Drive (Lot
A) and Deer Creek Ridge (Lot B), together with certain public utility, storm sewer, sani-
tary sewer and water main and easements, which North Cascade Road Developers,
LLC by said final plat have dedicated to the public forever; and
Whereas, said Final Plat has been examined by the Zoning Advisory Commission
and had its approval endorsed thereon; and
Whereas, said Final Plat has been examined by the City Council and they find that it
conforms to the statutes and ordinances relating to it, except that no streets or public
utilities have yet been constructed or installed.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the dedication of Creek Wood Drive (Lot A) and Deer Creek Ridge
(Lot B), together with the easements for public utilities, sanitary sewer, storm sewer,
and water main, as they appear upon said final plat, be and the same are hereby ac-
cepted.
Section 2. That the Final Plat of Timber -Hyrst Estates No. 3 is hereby approved and
the Mayor and City Clerk are hereby authorized and directed to endorse the approval of
the City of Dubuque, Iowa upon said Final Plat, provided the North Cascade Road De-
velopers, LLC execute their written acceptance hereto attached agreeing:
(a) To reduce Creek Wood Drive (Lot A) and Deer Creek Ridge (Lot B) to grade
and construct asphaltic concrete pavement with concrete curb and gutter, or
PCC concrete paving with integral curb, all in accordance with the City of Dubu-
que standard specifications, all in a manner acceptable to the City Engineer, in
Resolution No. -12 Page 2 conformance with construction improvement
5
plans approved by the City Engineer, and inspected by the City Engineer.
(b) To install sanitary sewer main and sewer service laterals into each individual
lot, water main and water service laterals into each individual lot, storm sewers
and catch basins, street lighting and erosion control devices all in accordance
with the City of Dubuque standard specifications, all in a manner acceptable to
the City Engineer, and in accordance with construction improvement plans ap-
proved by the City Engineer, and inspected by the City Engineer.
(c) To construct the improvements outlined in (a) and (b) within two (2) years
from the date of acceptance of this resolution, at the sole expense of North Cas-
cade Road Developers, LLC, or future owner;
(d) To maintain the improvements outlined in (a) and (b), for a period of two (2)
years from the date of the acceptance of those improvements by the City Council
of the City of Dubuque, Iowa, at the sole expense of North Cascade Road Devel-
opers, LLC, or future owner;
(e) To provide security for the performance of the foregoing conditions specified
in this Section in such form and with such sureties as may be acceptable to the
City Manager of the City of Dubuque, Iowa.
Section 3. Sidewalk installation shall be the responsibility of each lot owner abutting
the public rights -of -way, including lots with multiple frontages, as required by City Code
Chapter 10 -1 -2 (Sidewalk Installation and Repair).
Section 4. That the final acceptance of all public improvements shall only occur upon
certification of the City Engineer to the City Council that all public improvements have
been completed in accordance with the approved improvement plans and City standard
specifications and accepted by City Council Resolution.
Section 5. That in the event North Cascade Road Developers, LLC fails to execute
the acceptance and furnish the guarantees provided hereof within 180 days after the
date of this Resolution, the provisions hereof shall be null and void and the acceptance
of the dedication and approval of the plat shall not be effective.
Passed, approved and adopted this 17th day of December 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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 As-
sessment Schedule for the Public Right -of -Way Sidewalk Repair Assessment Project
was adopted.
RESOLUTION NO. 344 -12
ADOPTING THE FINAL ASSESSMENT SCHEDULE FOR THE PUBLIC RIGHT -OF-
WAY SIDEWALK REPAIR ASSESSMENT PROJECT
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
After full consideration, the Final Schedule of Assessments as shown on the at-
tached sheet(s), Page 1 to Page 2 inclusive; is hereby approved for the Public Right -of-
Way Sidewalk Repair Assessment Project.
6
There is hereby assessed and levied as a special tax against and upon each of
the benefited properties, the respective sums indicated. The amounts shown in said Fi-
nal Schedule of Assessments as deficiencies are found to be proper and levied condi-
tionally against the respective properties benefited by the improvements as shown in
the Final Schedule of Assessments, subject to the provisions of Iowa Code § 384.63.
Said assessments against said lots are hereby declared to be in proportion to the spe-
cial benefits conferred and not in excess of twenty -five percent of the value of same.
The City Clerk be and is hereby directed to certify the Final Schedule of Assess-
ments to the County Treasurer of Dubuque County, Iowa, and to publish notice of said
certification once each week for two consecutive weeks in the manner provided in Iowa
Code § 362.3, the first publication of which shall be not more than fifteen days from the
date of filing of the Final Schedule of Assessments. On or before the date of the second
publication of the notice, the City Clerk shall also mail a copy of said notice to property
owners whose property is subject to assessment, as provided in Iowa Code § 384.60.
The assessments may be paid in full or in part without interest at the office of the
City Treasurer, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days
after the date of the first notice of the Final Schedule of Assessments. Thereafter, un-
paid assessments of $500.00 or more are payable in 10 annual installments at the
County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubu-
que, Iowa, and will draw annual interest at nine percent (9 %) computed to December 1
next following the due dates of the respective installments as provided in Section
384.65 of the Code of Iowa. Each installment will be delinquent from October 1 following
its due date on July 1 of each year. However, when the last day of September is a Sat-
urday or Sunday, that amount shall be delinquent from the second business day of Oc-
tober. Delinquent installments will draw the same delinquent interest as ordinary taxes.
Property owners may elect to pay any annual installments semi - annually in advance.
Passed, approved and adopted this 17th day of December, 2012.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, CMC, City Clerk
CITY OF DUBUQUE, IOWA
2012 SIDEWALK REPAIR ASSESSMENTS FINAL SCHEDULE OF VALUATION AND
PROPOSED ASSESSMENTS - DATE: DECEMBER 17, 2012
The following schedule is hereby determined to show each lot proposed to be
assessed for the improvement shown in the title together with the amount proposed to
be assessed against each lot and the valuations shown opposite each lot are hereby
fixed as the true valuations of such lots by the City Council of the City of Dubuque.
Property Owner Name; Lot Description; Parcel Number; Mailing Address; City,
State, Zip; Street Address; Valuation With Improvement; Sidewalk Assessment;
Administrative Fee; Total Net Assessment
Dana B. Kisting; N 44' Lot 8 Wilsons Sub; 1025132008; 702 Wilson St; Dubuque,
IA 52001; 728 Wilson St.; $117,800.00; $970.00; $138.00; $1,108.00
7
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 mo-
tion the documents were received and filed and Resolution No. 345 -12 Accepting the
Historic White Water Creek Bridge Relocation Project, Phase 5 - Fencing and authoriz-
ing the payment of the contract amount to the contractor was adopted.
RESOLUTION NO. 345 -12
ACCEPTING THE HISTORIC WHITE WATER CREEK BRIDGE RELOCATION PRO-
JECT, PHASE 5 — FENCING AND AUTHORIZING THE PAYMENT OF THE CON-
TRACT AMOUNT TO THE CONTRACTOR
Whereas, the Public Improvement Contract for the Historic White Water Creek Bridge
Relocation Project, Phase 5 — Fencing (the Project) has been completed and the City
Engineer has examined the work and filed a certificate stating that the Project has been
completed according to the terms of the Public Improvement Contract and that the City
Engineer recommends that the Project be accepted; and
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The recommendation of the City Engineer is approved and the Project is
hereby accepted.
Section 2. The Finance Director is hereby directed to pay to the Contractor from the
Historic White Water Creek Bridge Restoration Project, Phase 5 - Fencing capital im-
provement appropriation for the contract amount of $19,800.00 less any retained per-
centage provided for therein as provided in Iowa Code chapter 573, and to pay such re-
tainage only in accordance with the provisions of Iowa Code chapter 573.
Passed, approved and adopted this 17th day of December, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC City Clerk
CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE HISTORIC
WHITE WATER CREEK BRIDGE RELOCATION PROJECT, PHASE 5 — FENCING
The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he
has inspected the Historic White Water Creek Bridge Relocation Project, Phase 5 —
Fencing, and that said Project has been performed in compliance with the terms of the
Public Improvement Contract, and that the total cost of the completed work is
$19,800.00.
Dated this 12th day of November, 2012.
Gus Psihoyos, City Engineer
Filed in the office of the City Clerk on the 12th day of November, 2012.
Kevin S. Firnstahl, CMC City Clerk
8
VISTA Memorandum of Agreement for 3rd Grade Reading: City Manager recom-
mending approval of an AmeriCorps VISTA Memorandum of Agreement with the Corpo-
ration 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 ap-
proved.
School Resource Officer (SRO) Agreement for Fiscal Year 2012 -2013: City Manager
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 submitting
her resignation from the Safe Community Advisory Committee. Upon motion the docu-
ments were received, filed and the resignation accepted.
Improvement Contracts / Performance, Payment and Maintenance Bonds: McDer-
mott Excavating for the Washington Street Parking Lot Project. Upon motion the docu-
ments were received, filed and approved.
Signed Contracts: 1) Iowa Communications Network (ICN) lease for the building be-
neath the 3rd Street Water Tower, 2) MWH America's Additional Service Request for
the Water & Resource Recovery Center Modifications Project, 3) Ted Stackis Construc-
tion contract for the Fire Hydrant Painting Program Phase 2. Upon motion the docu-
ments 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 Li-
cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses
and Permits was adopted.
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 LIQ-
UOR, BEER AND WINE LICENSES AND PERMITS
Whereas, applications for Beer, Liquor, and or Wine Permits have been submitted
and filed with the City Council for approval and the same have been examined and ap-
proved; and
Whereas, the premises to be occupied by such applicants were inspected and found
to comply with the Ordinances of the City and the applicants have filed the proper fees
and bonds and otherwise complied with the requirements of the Code of Ordinances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
9
Section 1. The City Clerk is hereby authorized and directed to cause to be issued the
following named applicants and permit types.
Cue Masters Billiards
900 Central Ave.
Class C Liquor (Sunday)
Instant Replay
1602 Central Ave.
Class C Liquor (Sunday) (Living
Quarters)
Puff N Snuff
1101 Rhomberg Ave.
Class E Liquor, Class B Wine,
Class C Beer (Carryout Beer and
Wine) (Sunday)
Steve's Ace Home & Garden
3350 JFK Rd.
Class B Native Wine (Sunday)
The Screaming Eagle Bar
2600 Central Ave.
Class C Liquor (Outdoor) (Sunday)
Passed, approved and adopted this 17th day of December, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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 recom-
mending 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 Resolu-
tion No. 347 -12 Preliminary approval of plans, specifications, form of contract, and esti-
mated 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.
RESOLUTION NO.347 -12
WATER & RESOURCE RECOVERY CENTER COGENERATION FACILITIES PRE-
LIMINARY APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS SPECIFI-
CATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE
ADVERTISEMENT FOR BIDS WATER & RESOURCE RECOVERY CENTER CO-
GENERATION FACILITIES
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
the proposed plans, specifications, form of contract and estimated cost for the Water
& Resource Recovery Center Cogeneration Facilities, in the estimated amount
$2,500,000 are hereby preliminarily approved and ordered filed in the office of the City
Clerk for public inspection a public hearing will be held on the 7th day of January 2013,
at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested
persons may appear and be heard for or against the proposed plans and specifications,
10
form of contract and estimated cost of said Project, and the City Clerk be and is hereby
directed to cause the attached notice of the time and place of such hearing to be pub-
lished in a newspaper having general circulation in the City of Dubuque, Iowa, which
notice shall be published not less than four days nor more than twenty days prior to the
date of such hearing. At the hearing, any interested person may appear and file objec-
tions to the proposed plans, specifications, form of contract, or estimated cost of the
Project.
The City of Dubuque Water & Resource Recovery Center Cogeneration Facilities is
hereby ordered to be advertised for bids for construction.
The amount of the security to accompany each bid shall be in an amount which shall
conform to the provisions of the Notice to Bidders hereby approved.
The City Clerk is hereby directed to advertise for bids for the construction of the im-
provements herein provided, by publishing the attached Notice to Bidders to be pub-
lished in a newspaper having a general circulation in the City of Dubuque, Iowa, which
notice shall be published not less than four but not more than forty -five days before the
date for filing bids before 2:00 p.m. on the 5th day of February 2013. Bids shall be
opened and read by the City Clerk at said time and will be submitted to the City Council
for final action at 6:30 on the 18th day of February, 2013, in the Historic Federal Building
Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa.
Passed, adopted and approved this 17th day of December, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, CMC, City Clerk
SRF Loan for Water & Resource Recovery Center Cogeneration Facilities: City Man-
ager 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 mo-
tion 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 hear-
ing for a meeting to commence at 6:30 p.m. on January 7, 2013 in the Historic Federal
Building.
RESOLUTION 348 -12
FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A LOAN AND DIS-
BURSEMENT 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
Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa
should provide for the authorization of a Loan and Disbursement Agreement and the
issuance of Sewer Revenue Capital Loan Notes, in the amount of not to exceed
$2,400,000, as authorized by Sections 384.24A and 384.82, Code of Iowa, as amend-
ed, for the purpose of providing funds to pay costs as hereinafter described; and
Whereas, the City has applied for a loan through the Iowa Water Pollution Control
Works Financing Program pursuant to which the Iowa Finance Authority has agreed to
purchase the City's Notes and has requested that such Notes be issued as a single
11
Note in a denomination equal to the total amount of the issue as authorized by Chapter
384 Code of Iowa; and
Whereas, the Loan and Disbursement Agreement and Note shall be payable solely
and only out of the net earnings of the Municipal Sewer System and shall be a first lien
on the future net earnings of the Utility; and shall not be general obligations of the City
or payable in any manner by taxation and the City shall be in no manner liable by rea-
son of the failure of the net revenues to be sufficient for the payment of the Loan and
Disbursement Agreement and Note; and
Whereas, before a Loan and Disbursement Agreement may be authorized and Sew-
er Revenue Capital Loan Notes issued to evidence the obligation of the City thereunder,
it is necessary to comply with the provisions of the City Code of Iowa, as amended, and
to publish a notice of the proposal and of the time and place of the meeting at which the
Council proposes to take action for the authorization of the Loan and Disbursement
Agreement and Notes and to receive oral and /or written objections from any resident or
property owner of the City to such action.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That this City Council meet in the Historic Federal Building, 350 West 6th
Street, Dubuque, Iowa, at 6:30 o'clock P.M. on the 7th Day of January, 2013 for the pur-
pose of taking action on this matter of the authorizing of a Loan and Disbursement
Agreement and the issuance of not to exceed $2,400,000 Sewer Revenue Capital Loan
Notes to evidence the obligations of the City thereunder, the proceeds of which will be
used to provide funds to pay the costs of acquisition, construction, reconstruction, ex-
tending, remodeling, improving, repairing and equipping all or part of the Municipal
Sewer System, including those costs associated with the acquisition and installation of
microturbines, compression skid, heat recovery units and related mechanical, electrical
and site work at the Water & Resource Recovery Center to utilize anaerobic digester
gas in a combined heat and power facility.
Section 2. That the Clerk is hereby directed to cause at least one publication to be
made of a notice of said meeting, in a legal newspaper, printed wholly in the English
language, published at least once weekly, and having general circulation in said City,
said publication to be not less than four clear days nor more than twenty days before
the date of said public meeting on the issuance of the Notes.
Section 3. The notice of the proposed action shall be in substantially the [Provided]
form
Passed and approved this 17th day of December, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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 (Ex-
piring term of Twining). Applicant: Connie Twining, 421 N Booth St. Ms. Twining spoke
in support of her appointment.
12
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. Mo-
tion 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 (Expir-
ing 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. Second-
ed 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
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 lo-
cated 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 Commis-
sion 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 deter-
mined 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 Amend-
ing 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 Dis-
trict. Seconded by Connors. Motion carried 7 -0.
OFFICIAL PUBLICATION
ORDINANCE NO. 63 -12
AMENDING TITLE 16 OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNI-
FIED DEVELOPMENT CODE, BY RECLASSIFYING HEREINAFTER DESCRIBED
PROPERTY LOCATED AT 390 AND 444 NORTH GRANDVIEW AVENUE FROM OR
OFFICE RESIDENTIAL AND OS OFFICE SERVICE DISTRICTS TO ID INSTITU-
TIONAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
13
Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel-
opment Code, is hereby amended by reclassifying the hereinafter described property
from OR Office Residential and OS Office Service Districts to ID Institutional District, to
wit:
Lots 2 and 3 of Sidonia Hosfords Subdivision, the south 25 feet of Lot 4 of Sido-
nia Horsfords Subdivision, and the north 105 feet of Lot 5 of Sidonia Hosfords
Subdivision, and to the centerline of the adjoining public right -of -way, all in the
City of Dubuque, Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the Zoning
Advisory Commission of the City of Dubuque, Iowa.
Section 3. This Ordinance shall take effect upon publications, as provided by law.
Passed, approved and adopted this 17th day of December 2012.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 21st day of December,
2012.
/s /Kevin S. Firnstahl, City Clerk
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 docu-
ments, approve the recommendation and adopt Resolution No. 349 -12 (1) Approving
the minimum requirements, competitive criteria, and offering procedures for the devel-
opment and the lease of certain real property and improvements in the Greater Down-
town Urban Renewal District; (2) Determining that the lease submitted by Rainbo Oil
Co. satisfies the offering requirements with respect to the real property and improve-
ments 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 compet-
ing proposals. Seconded by Jones. Motion carried 7 -0.
RESOLUTION NO. 349 -12
(1) APPROVING THE MINIMUM REQUIREMENTS, COMPETITIVE CRITERIA, AND
OFFERING PROCEDURES FOR THE DEVELOPMENT AND THE LEASE OF CER-
TAIN 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) SOLICIT-
ING COMPETING PROPOSALS.
Whereas, the City Council of Dubuque, Iowa, did on October 1, 2012 adopt an
Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal
14
District ( "the Plan ") for the Urban Renewal Area described therein; and
Whereas, the Plan provides, among other things, for the disposition of properties for
private development purposes as a proposed economic development action; and
Whereas, Rainbo Oil Co. ( "Lessee ") has submitted to the City a proposal for the leas-
ing of certain real property hereinafter described for the operation and management of a
portion of the 16th Street Bee Branch Project area as described therein ( "the Lease
Agreement "), together with the request that this property be made available for lease as
rapidly as possible; and
Whereas, in order to establish reasonably competitive bidding procedures for the dis-
position of the property in accordance with the statutory requirements of Iowa Code
Chapter 403, specifically, Section 403.8, and to assure that the City extends a full and
fair opportunity to all developers interested in submitting a proposal, a summary of
submission requirements and minimum requirements and competitive criteria for the
property offering is included herein; and
Whereas, said Developer has tendered the Lease Agreement with the City, attached
hereto as Exhibit "A "; and
Whereas, to recognize both the firm proposal for lease of the real property and im-
provements already received by the City, as described above, and to give full and fair
opportunity to other developers interested in submitting a proposal for the use of the
property, this Council should by this Resolution:
1) Set the fair market value of the real property for uses in accordance with the
Plan;
2) Approve the minimum requirements and competitive criteria included herein;
3) Approve as to form the Lease Agreement attached hereto as Exhibit "A ";
4) Set a date for receipt of competing proposals and the opening thereof;
5) Declare that the proposal submitted by Developer satisfies the minimum re-
quirements of the offering, and that in the event no other qualified proposal is
timely submitted, that the City Council intends to approve such proposal and au-
thorize the City Manager to sign the Lease Agreement; and direct publication of
notice of said intent;
6) Approve and direct publication of a notice to advise any other person of the
opportunity to compete for lease of the real property on the terms and conditions
set forth herein; and
7) Declare that in the event another qualified proposal is timely submitted and
accepted, another and future notice will be published on the intent of the City to
enter into the resulting contract, as required by law; and
Whereas, the City Council believes it is in the best interest of the City and the Plan to
act as expeditiously as possible to lease the real property as set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the real property shown on Exhibit "B" attached hereto located along
the south side of 16th Street and adjacent to Kerper Boulevard ( "the 16th Street Proper-
ty") shall be offered for lease in accordance with the terms and conditions contained in
this Resolution.
Section 2. That it is hereby determined that in order to qualify for consideration for se-
lection, any person must submit a proposal which meets these minimum requirements:
15
a) Contains an agreement to lease the 16th Street Property at not less than fair
market value established herein;
b) Contains a commitment to lease at least 3.25 acres of the 16th Street site for
uses allowed a C -4 Zoning classification;
c) Sets out or provides to the satisfaction of the City Council the experience of
the principals and key staff who are directly engaged in the performance of con-
tract obligations in carrying out projects of similar scale and character; and
d) Meets, at a minimum, the terms and conditions of the Lease Agreement sub-
mitted by the Developer including an agreement to invest not less than
$5,000,000 and a plan to develop, construct and pay for a bike path /pedestrian
walkway on the East and South sides of the leased site.
Section 3. That the Lease Agreement by and between the City and the Developer be
and is hereby approved as to form for the purposes hereinafter stated.
Section 4. That for the purpose of defining the offering of the 16th Street site for
lease, said Lease Agreement shall be deemed to be illustrative of the terms acceptable
to the City with respect to:
a) Annual lease payments;
b) Construction of leasehold improvements;
c) Developer obligations; and
d) General terms and conditions.
Section 5. That the Lease Agreement submitted by the Developer satisfies the re-
quirements of this offering and, in the event that no other qualified proposals are timely
submitted, that the City Council intends to accept and approve the Lease Agreement.
Section 6. That it is hereby determined that the Developer possesses the qualifica-
tions, financial resources and legal ability necessary to lease the 16th Street site and to
manage and operate the site in the manner proposed by this offering in accordance with
the Plan.
Section 7. That the annual lease payments for the site offered by the Developer are
hereby found and determined to be the fair market value of the leasehold interest being
conveyed.
Section 8. That the City Clerk shall receive and retain for public examination the at-
tached Lease Agreement submitted by the Developer and, in the event no other quali-
fied proposals are timely submitted, shall resubmit the Lease Agreement to the City
Council for final approval and execution upon expiration of the notice hereinafter pre-
scribed.
Section 9. That the action of the City Council be considered to be and does hereby
constitute notice to all concerned of the intention of this Council, in the event that no
other qualified proposals are timely submitted, to accept the proposal of the Developer
to lease the 16111 Street site and to approve the Lease Agreement by and between City
and Developer.
Section 10. That the official notice of this offering and of the intent of the City, in the
event no other qualified proposals are timely submitted, to approve the Lease Agree-
ment, shall be a true copy of this Resolution, but without the attachments referred to
herein.
Section 11. That the City Clerk is authorized and directed to secure immediate publi-
cation of said official notice in the Telegraph Herald, a newspaper having a general cir-
16
culation in the community, by publication of the text of this Resolution without attach-
ments on or before the 21 st day of December, 2012.
Section 12. That written proposals for the lease of the 16th Street site will be received
by the City Clerk at or before 10:00 a.m., January 22, 2013 in the Office of the City
Clerk, located on the first floor at City Hall, 50 West 13th Street, Dubuque, Iowa 52001.
Each proposal will be opened at the hour of 10:00 a.m. in City Hall, Dubuque, Iowa on
January 22, 2013. Said proposals will then be presented to the City Council at 6:30
p.m., January 22, 2013, at a meeting to be held in the City Council Chambers, Historic
Federal Building at 350 West 6th Street, Dubuque, Iowa.
Section 13. That such offering shall be in substantial conformance with the provisions
of Iowa Code Section 403.8, requiring reasonable competitive bidding procedures as
are hereby prescribed, which method is hereby determined to be the appropriate meth-
od for development of the 16th Street property.
Section 14. That the required documents for the submission of a proposal shall be in
substantial conformity with the provisions of this Resolution.
Section 15. That the City Clerk is hereby nominated and appointed as the agent of
the City of Dubuque, Iowa to receive proposals for the lease of the 16th Street on that
date and according to the procedure hereinabove specified for receipt of such proposals
and to proceed at such time to formally acknowledge receipt of each of such proposal
by noting the receipt of same in the Minutes of the Council; that the City Manager is
hereby authorized and directed to make preliminary analysis of each such proposal for
compliance with the minimum requirements established by this Council hereinabove.
For each proposal that satisfies these requirements, the City Council shall judge the
strength of the proposal by the competitive criteria established hereinabove. The City
Council shall then make the final evaluation and selection of the proposals.
Section 16. Each proposal submitted which satisfies the foregoing minimum require-
ments, as determined by the City Manager, shall be reviewed on the basis of the
strength of such proposal following Competitive Criteria:
Quality of the Proposed Development:
(1) The total cost of the project.
(2) The types of materials to be used in the construction of the project.
(3) Overall project amenities.
Architectural Design of the Proposed Development:
(1) The compatibility of the design with adjacent structures, vistas, pedestrian
traffic, vehicular activities, and future development of adjacent properties.
(2) The functional design of the site, the structures, and all public spaces.
(3) The aesthetic quality of the development and its sensitivity to the use and fu-
ture development of adjacent properties.
(4) The type, size and arrangement of facades or signage along each street
frontage.
Economic Feasibility of the Proposed Development:
(1) The economic return to the City provided by the proposed development, in-
cluding but not limited to, the amount of lease revenue generated, the property
and sales taxes generated, the number of jobs provided, and the encouragement
of related development in the area.
(2) The ability of the prospective developer to finance and complete the project
17
as proposed.
(3) The financial impact of the proposed development upon the City's operating
budget and capital improvement plan, particularly as it relates to the construction
and maintenance of any required public improvements.
Section 17. If, and only if, competing proposals are received and determined by the
Council to meet the minimum requirements described herein, the Lessee shall be al-
lowed to amend its proposal in response thereto and to deliver same to the City Manag-
er, by no later than a date determined by the City Council. In such event, the Council
shall schedule a subsequent meeting to be held by the City Manager at which there
shall be a bid -off conducted by the City Manager. During such bid -off, each competing
bidder shall bid against the other, starting with the second proposal received and con-
tinuing until such time as each bidder shall decline to improve its proposal to acquire
and redevelop thel6th Street Property in response to the last bid of the other bidder or
bidders. The period of time to be allowed for such bid -off shall be determined by the City
Manager. The rules of such bid -off shall be as determined by the City Manager at or be-
fore such bid -off period and shall be absolute.
Section 18. That in the event another qualified proposal is timely submitted and ac-
cepted by the City, another and further notice shall be published of the intent of the City
of Dubuque, Iowa, to enter into the resulting agreement, as required by law.
Passed, approved and adopted this 17th day of December, 2012.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
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
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 recom-
mendations 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 submit-
ted by the six responding firms for design services for the 5th and Bluff Restroom Pro-
ject 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 car-
ried 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 recommend-
ing approval of the FY 2013 Annual Action Plan- Amendment 1 for the Community De-
velopment Block Grant (CDBG) Program. Motion by Braig to receive and file the docu-
ments 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
18
RESOLUTION NO. 350 -12
APPROVING FISCAL YEAR 2013 (PROGRAM YEAR 2012) ANNUAL ACTION PLAN
AMENDMENT 1 FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
FUNDS.
Whereas, the City of Dubuque prepared and filed Annual Action Plans for Fiscal
Years 2012 and 2013; and
Whereas, the City of Dubuque now desires to amend said Annual Plans by incorpo-
rating them into one amended FY 2013 Annual Plan as per the attached Exhibit A; and
Whereas, said amendment is a substantial amendment as provided in the City's Citi-
zen Participation Plan and therefore must be approved by resolution of the City Council
after a public hearing by the Community Development Advisory Commission; and
Whereas, the City advertised a 30 day public comment period beginning October 22,
2012; and
Whereas, the Community Development Advisory Commission reviewed the proposed
amendment at a public hearing on November 28, 2012 and has voted to approve said
amendments and to recommend approval by the City Council.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Annual Action Plans for Fiscal Years 2012 and 2013 are hereby
rescinded and the balance of funds from these plans are incorporated into a Fiscal Year
2013 (Program Year 2012) Annual Action Plan- Amendment 1, attached hereto as Ex-
hibit A.
Section 2. That said Fiscal Year 2013 (Program Year 2012) Annual Action Plan -
Amendment 1 attached hereto as Exhibit A is hereby approved.
Section 4. That the City Manager is hereby authorized and directed to submit a copy
of this resolution and Plan to the U.S. Department of Housing and Urban Development.
Passed, approved and adopted this 17th day of December, 2012.
Roy D. Buol, Mayor
Attest: Kevin Firnstahl, City Clerk
Code of Ordinances - Liquor Control Amendment: City Manager recommending ap-
proval 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 consid-
ered 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 Regula-
tions, Chapter 2 Liquor Control, Article A Alcoholic Beverages, Section 4 -2A -3 Prohibit-
ed 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 Re-
quirements 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 car-
ried 7 -0.
19
OFFICIAL PUBLICATION
ORDINANCE NO. 64 -12
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND
LICENSE REGULATIONS, CHAPTER 2 LIQUOR CONTROL, ARTICLE A ALCOHOL-
IC BEVERAGES, SECTION 4 -2A -3 PROHIBITED SALES AND ACTS BY ADJUST-
ING 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
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 4 -2A -3 of the City of Dubuque Code of Ordinances is amended to
read as follows:
4 -2A -3: PROHIBITED SALES AND ACTS:
A person or club holding a liquor license or retail wine or beer permit under this
chapter, and the person's or club's agents or employees shall not do any of the
following:
G. Keep on premises covered by a liquor control license any alcoholic liq-
uor in any container except the original package purchased from the divi-
sion and except mixed drinks or cocktails mixed on the premises for im-
mediate consumption on the licensed premises or as otherwise provided
by Iowa Code, Section 123.49(2)(d). This prohibition does not apply to
common carriers holding a class D liquor control license;
Section 2. Section 4 -2B -6 of the City of Dubuque Code of Ordinances is amended to
read as follows:
4 -2B -6: REQUIREMENTS FOR PREMISES:
B. Requirements: In addition to any other requirements, the premises for which a
beer permit, wine permit, or liquor control license is sought shall meet the follow-
ing requirements:
3. The premises for which a retail beer permit is sought shall be located
within a business district or an area now or hereafter zoned to permit such
business and shall conform to the zoning requirements of the city.
Section 3. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 17th day of December, 2012.
/s /Roy D. Buol, Mayor
Attest: /s/ Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 21st day of December,
2012.
/s /Kevin S. Firnstahl, City Clerk
Neptune IQ - Smarter Water Transition: City Manager recommending approval to
purchase software and services for Neptune IQ with NWWS /Ferguson Group and Nep-
tune Technology for the "early adopter" discounts. Motion by Braig to receive and file
20
the documents and approve the recommendation. Seconded by Jones. Motion carried
7 -0.
40 Main, LLC - Fifth Amendment to Development Agreement: City Manager recom-
mending 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 Resolu-
tion No. 351 -12 Approving the Fifth Amendment to the Development Agreement be-
tween the City of Dubuque, Iowa, and 40 Main, LLC. Seconded by Connors. Respond-
ing 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.
RESOLUTION NO 351 -12
APPROVING THE FIFTH AMENDMENT TO THE DEVELOPMENT AGREEMENT BE-
TWEEN THE CITY OF DUBUQUE, IOWA AND 40 MAIN LLC.
Whereas, a Development Agreement (the Agreement), dated January 15, 2009, was
entered into by and between the City of Dubuque, a municipal corporation of the State
of Iowa (City), and 40 Main LLC (Developer); and
Whereas, the Agreement was amended (First Amendment) on May 18, 2009;
Whereas, the Agreement was further amended (Second Amendment) on August 3,
2009; and
Whereas, the Agreement was further amended (Third Amendment) on October 13,
2010; and
Whereas, the Agreement was further amended (Fourth Amendment) on November 7,
2011; and
Whereas, the Agreement provides for an Economic Development Loan with a balloon
payment when the developer received state Historic Tax Credits associated with this
project; and
Whereas, Developer desires to revise the Economic Development Loan repayment
as set forth in the proposed Fifth Amendment attached hereto; and
Whereas, the City Council finds that it is in the best interests of the City of Dubuque
to approve the Fifth Amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Fifth Amendment to the 40 Main LLC Development Agreement is
hereby approved.
Section 2. The Mayor is hereby authorized and directed to execute said Fifth
Amendment on behalf of the City of Dubuque and the City Clerk is authorized and di-
rected to attest to his signature.
Section 3. The City Manager is authorized to take such actions as are necessary to
implement the terms of the Fifth Amendment as herein approved.
Passed, approved and adopted this 17th day of December 2012
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
21
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.
RESOLUTION NO.352 -12
STATING THE PREFERENCE FOR THE NUMBER, ALIGNMENT AND COATING
PREFERENCE OF POWER LINE POLES TO BE CONSTRUCTED IN DOVE HAR-
BOR.
Whereas, ITC Midwest, LLC, a subsidiary of ITC Holdings Corp. out of Novi, Michi-
gan, owns and operates electrical transmission lines in the Dubuque area; and
Whereas, currently ITC has two lattice tower structure poles, at the southeast and
southwest corners of Dove Harbor, that are currently located within an easement from
the City of Dubuque; and
Whereas, increased energy demand and the planned decommission of the nearby
Alliant Power Plant has resulted in the need to increase the capacity of the transmission
line, and as such, require new towers; and
Whereas, regulations by the Army Corps of Engineers require that new construction
take place at least 15 feet from the base of the slope leading to the floodwall; and
Whereas, ITC has asked the City, as the owner of the land, to provide a preference
on one of two pole alignments that will satisfy the requirements of the Army Core of En-
gineers and increase the capacity of the transmission line; and
Whereas, the City has received the input of Flint Hills Resources, the current active
tenant on the southeast corner of the Dover Harbor peninsula, and Dubuque Terminals,
Inc. southwest corner of the peninsula.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the stated preference for the transmission line alignment is the option
that will utilize one structure at the south central portion of Dove Harbor, subject to ne-
gotiation of a new easement and the abandonment of the previously existing easement
on the site.
Section 2. That the coating preference for the structure is a galvanized steel pole.
Section 3. That ITC is asked, to the best of its ability, to return the construction site
back to its original state after the placement of the structure.
Passed, approved and adopted this 17th day of December, 2012.
Roy D. Buol, Mayor
Attest: Kevin S. Firnstahl, City Clerk
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 car-
ried 7 -0.
22
Safe Community Advisory Committee Continuation: City Manager 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 documents and that the re-
quirement 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. Se-
conded 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 Commit-
tee by extending the sunset of the Committee from December 31, 2012 to December
31, 2013. Seconded by Jones. Motion carried 7 -0.
OFFICIAL PUBLICATION
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
Whereas, Ordinance No. 55 -10 created the Safe Community Advisory Committee
which ceases to exist on December 31, 2012; and
Whereas, the City Council deems it in the public interest to extend the existence of
the Committee and the terms of the Committee members.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Ordinance No. 55 -10, Sec. 2 -9 -6 is amended to read as follows:
2 -9 -6: Terms: The term of office for members of the Safe Community Advisory
Committee ends on December 31, 2013.
Section 2. Ordinance No. 55 -10, Sec. 2 -9 -13 is amended to read as follows:
2 -9 -13: Sunset of Safe Community Advisory Committee: The Safe Community Ad-
visory Committee will cease to exist on December 31, 2013.
Section 3. This Ordinance takes effect on publication.
Passed, approved and adopted the 17th day of December, 2012.
/s /Roy D. Buol, Mayor
Attest: /s /Kevin S. Firnstahl, City Clerk
Published officially in the Telegraph Herald newspaper on the 21st day of December,
2012.
/s /Kevin S. Firnstahl, City Clerk
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. Mo-
tion carried 7 -0.
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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 Con-
struction 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
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