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2 06 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 5:30 p.m. on February 6, 2012 in the Historic Federal Building. Present: Mayor Pro -Tem Jones, Mayor Buol (joined at 5:50 p.m.), Council Members Braig, Connors, Lynch, Resnick, Sutton; City Manager Van Milligen, City Attorney Lin - dahl Mayor Pro -Tem Jones read the call and stated this is a special session of the City Council to conduct a work session on the Dubuque Convention and Visitors Bureau. WORK SESSION Dubuque Convention and Visitors Bureau Convention and Visitors Bureau Director Keith Rahe provided a slide presentation on how tourism is working in Dubuque. Topics included: • Dubuque Area Chamber of Commerce Organizational Chart • Six Elements of the CVB o individual /family o convention delegate o group tour clients o sports competitor o family & military reunion o event attendee • Partners • Dubuque visitors statistics for 2011 • Tourism awards • Impact studies (local economy) • Welcome Center & Hospitality • Marketing o Collateral pieces o Visitors Guide o Meeting Planner Guide o Group Tour Manual o Web site and mobile site o Leisure Traveler o Markets o Billboards o Television o Radio o Print publications o e- Blasts o Public relations coverage and collaboration o Collaborative marketing o Social media • Convention & group sales • Festivals & events • Dubuque Regional Sports Commission • National & state sporting events • 2012 potential events • Budget • Introduction of staff There being no further business, upon motion the City Council adjourned at 6:21 p.m. /s /Kevin S. Firnstahl City Clerk 2 CITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on February 6, 2012 in the Historic Federal Building. Present: Mayor Buol, Council Members Braig, Connors, Jones, Lynch, Resnick, Sut- ton; City Manager Van Milligen, City Attorney Lindahl Mayor Buol read the call and stated this is a regular session of the City Council to act upon such business that may properly come before the Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PRESENTATION National Trust for Historic Preservation: Dubuque Main Street Executive Director Dan LoBianco presented the 2011 National Preservation Honor Award for the Roshek Build- ing Redevelopment to Mayor Buol and 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 Resnick. Motion carried 7 -0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 11/22/11, City Conference Board of 3/9/11 and 7/18/11, City Council proceedings of 1/17/12 and 1/30/12, Civic Center Commission of 12/5/11, Community Development Advisory Commission of 11/30/11, 12/14/11 and 1/11/12, Dubuque County Emergency Management Commission of 11/8/11, Historic Preservation Commission of 1/19/12, Housing Commission of 11/22/11, Human Rights Commission of 8/15/11, 10/10/11 and 12/3/11, Investment Oversight Advisory Commission of 1/25/12, Library Board of Trus- tees of 12/14/11, Proof of Publication for City Council meetings of 1/3/12 and 1/17/12, Proof of Publication for List of Claims and Summary of Revenues for Month Ending 12/31/11. Upon motion the documents were received and filed. Notice of Claims and Suits: Ira Dement for vehicle damage, Vern Eppler for vehicle damage, Michael and Betty Fishnick for property damage, Rene Rogerson /Dubuque Properties, LLC for property damage, Tony Rokusek for vehicle damage, William Taylor for vehicle damage, United Heartland for Rebecca Voss for personal injury. Upon mo- tion the documents were received, filed and referred to the City Attorney. 3 Disposition of Claims and Suits: City Attorney advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communi- ties Assurance Pool: Ira Dement for vehicle damage, Verne Eppler for vehicle damage, Michael & Betty Fishnick for property damage, Rene Rogerson /Dubuque Properties LLC, for property damage, Tony Rokusek for vehicle damage, William Taylor for vehicle damage. Upon motion the documents were received, filed, and concurred. Delinquent Grass and Weed Cutting and Garbage Collection Accounts: City Manager recommending adopting of a resolution authorizing the City Clerk to certify the grass and weed cutting and garbage collection charges to the Dubuque County Treasurer in order to establish real property liens for collection of such charges. Upon motion the documents were received and filed and Resolution No. 21 -12 Authorizing the City to collect delinquent grass and weed cutting and garbage collection charges in accordance with Title 6 -6- 3C2o; Title 6 -6 -4B3 & Title 6 -6B of the Code of Ordinances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 21 -12 AUTHORIZING THE CITY TO COLLECT DELINQUENT GRASS AND WEED CUT- TING AND GARBAGE COLLECTION CHARGES IN ACCORDANCE WITH TITLE 6 -6- 3C20; TITLE 6 -6-4B3 & TITLE 6 -6B OF THE CODE OF ORDINANCES OF THE CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered substandard if any conditions exist to an extent that endanger life, limb, health, property, safety or wel- fare of the public or the occupants thereof; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "pal- pably and indisputably such" exists which requires immediate action to protect the pub- lic health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent grass and weed cutting and garbage collection charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes; and Whereas, the assessments may be paid in full or in part without interest at the City Treasurer's Office, City Hall, 50 W. 13th Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are paya- ble at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set forth on the attached schedule. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons listed on the attached Grass/Weed /Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collec- tion charges: Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached GrasslWeed /Garbage Assessment Schedule are delinquent in the payment of grass and weed cutting and garbage collection charges in the amount set aside of the respec- tive names, and that said amounts shall be collected in the same manner as general 4 property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 6th day of February, 2012. Roy D Buol, Mayor Attest: Kevin S Firnstahl, City Clerk Schedule of Assessments Delinquent Grass and Weed Cutting and Garbage Collection Charges Delinquent Grass And Weed Cutting And Garbage Collection Charges: Dubuque Property Mgmt 8505 Southern Hills Court Dubuque IA 52003, Lots 46 -50 and Lot 2 of 51 Lennox Add, unknown, $450.00, grass, weeds and garbage Judith Ann Beecher 55 Milwaukee St. Dubuque IA 52001, 55 Milwaukee, 1 01 422801 3, $215.00, garbage Mark A Morrison 1825 Shoreline Drive #314 Alameda CA 94501, 1356 Elm St, 1024432007, $110.00, garbage Ryan Neuhaus 2535 Coates Street Dubuque IA 52003, 355 Kaufmann, 1024127031, $300.00, grass and weeds Janice Weis 400 E 22'd St Dubuque IA 52001, 400 E 22 "d, 1024211001, $1,120.00, grass, weeds and garbage Bryan R Glanz /Brianne S Roddick 1305 N Grandview Avenue Dubuque, IA 52003, 2995 Hillcrest, 1022338001, $105.00, garbage Kevin D and Sarah E Halfhill 1825 Wood St. Dubuque IA 52001, 1801 Lincoln, 1118133008, $205.00, grass and weeds Laird Properties Ltd 3960 Cedar Heights Court Dubuque IA 52002, 909 Rhomberg, 1 01 347701 5, $70.00, garbage Greg A Prehm 8505 Southern Hills Court Dubuque IA 52003, 574 Chestnut, 1024381006, $140.00, garbage JBM Enterprises LLC 14186 Dietz Drive Dubuque IA 52002, 625 Rhomberg, 1 01 348701 2, $175.00, garbage Jesse J Rans 125 Kayle Drive Manchester IA 52057, 2008 Foye, 1024177022, $250.00, grass and weeds Michael D Voss 1280 Cleveland Avenue Dubuque IA 52003, 1280 Cleveland, 1 025361 01 2, $930.37, garbage Andrew M and Shannon R Schneider 2065 Deborah Drive Dubuque IA 52001, 1821 Rhomberg, 1118134011, $265.00, grass and weeds Jody L Lenstra 817 7th Street Dike IA 50624, 1903 Grace, 1026210007, $120.00, grass, weeds and garbage High Performance Properties 8505 Southern Hills Court Dubuque IA 52003, 1592 Iowa, 1024403002, $1,030.00, grass, weeds and garbage Daniel J Seifker 1838 Central Avenue Dubuque IA 52001, 1838 Central, 1024256005, $100.00, garbage Michelle Scott 607 W 8t Street Dubuque IA 52001, 607 W 8th, 1025130023, $115.00, grass and weeds Dale B and Linda J Walker 1271 Lakeside Drive #3127 Sunnyvale CA 94085, 830 Valentine, 1035305004, $295.00, grass and weeds Secy Housing & Urban Dev 210 Walnut Street Des Moines IA 50309, 1603 Wash- ington, 1024268021, $205.00, grass and weeds Thomas J and Martha J Blake 115 Skyline Drive Guttenberg IA 52052, 215 E 22hd 1024203023, $140.00, grass and weeds 5 Nottingham Properties LLC 2115 Kennedy Road Dubuque, IA 52001, 1620 White, 1024267006, $350.00, grass, weeds and garbage Thomas E and Mona L Burbach 614 E 22" Street Dubuque IA 52001, 230 E 15th, 1024426004, $265.00, garbage BRP Properties LLC 8505 Southern Hills Court Dubuque IA 52003, 1118 White, 1024439006, $210.00, grass, weeds and garbage Henkels & Co Inc. Richard A Henkel 13912 Whistle Wind Lane Dubuque IA 52002, 1812 Central, 1024256008, $196.00, garbage Matthew J and Jeanne A Cottrell 1571 Washington Street Dubuque IA 52001, 1571 Washington, 1 024281 01 1, $175.00, grass and weeds Bon Vivant LLC c/o James /Kathy Bauerly 3500 Dodge Street #387 Dubuque IA 52003, 562 Almond, 1024177006, $150.00, garbage PNC LLC 2281 Hancock Avenue Eagle Grove IA 50533, 2512 Elm, 1 01 341 3009, $190.00, grass, weeds and garbage Wells Fargo Bank NA Trustee c/o American Home Mortg Sery 4600 Regent Blvd Ir- ving TX 75063, 1683 Wisconsin, 1027226015, $65.00, grass and weeds Jeffrey Welter 695 Kane Street Dubuque IA 52001, 695 Kane, 1014433014, $382.53, grass, weeds and garbage Cottage Estates LC 3500 Dodge Street #387 Dubuque, IA 52003, 752 Cottage, 1023236006, $88.84, garbage Federal Natl Mortg Assoc P 0 Box 650043 Dallas TX 75265, 749 Wilson, 1 0251 31 004, $305.00, grass and weeds Scott Volz 1449 Jackson Street Dubuque IA 52001, 1449 Jackson, 1024409011, $95.00, grass and weeds US Bank NA %Wells Fargo Real Estate 1 Home Campus Macx2302 -04d Des Moines IA 50328, 1530 Jackson, 1024281006, $135.00, grass and weeds Wells Fargo Bank NA Tr. c/o Ocwen Loan Srv. #705573384 Box 24737 West Palm Beach FL 33416, 556 Clarke, 1024155052, $185.00, grass and weeds Fed Home Loan Mortg Corp 5000 Plano Pkwy Carrollton TX 75010, 705 W 3rd, 1 0251 8201 2, $210.00, grass and weeds Maurice Kirchberg 1228 Jackson Street Dubuque IA 52001, 1228 Jackson, 1024435011, $400.00, garbage High Performance Properties 8505 Southern Hills Court Dubuque IA 52003, 1496 White, 1024409001, $230.00, garbage Ocean Rock Investments LC 1940 Amelia Drive Dubuque IA 52001, 4060 Peru, 1 01 21 76002, $260.00, garbage Dubuque Properties LLC 1805 State Street #103 Bettendorf IA 52722, 2076 Washington, 1024215001, $105.00, garbage Yankee 3 LLC 1664 Washington Street Dubuque IA 52001, 1527 Central, 1024403015, $85.00, garbage Property Investment Group LLC 605 Bluff Street #132 Dubuque IA 52001, 2134 Cen- tral, 1024207008, $150.00, garbage BRP Properties LLC 8505 Southern Hills Court Dubuque IA 52003, 1010 University, 1025106004, $250.00, garbage Larry E & Rhonda L Latham 1814 Jackson Street Dubuque IA 52001, 1814 Jackson, 1024258017, $95.00, grass and weeds Jackson Square Estates 3500 Dodge Street #387 Dubuque IA 52003, 1597 Wash- ington, 1024281008, $130.00, garbage 6 Federal Natl Mortg Assn 13455 Noel Road, Suite 600 Dallas TX 75240, 1103 Thom- as, 1013436009, $115.00, grass, weeds and garbage Scott Shaffer 502 E 15th Street Dubuque IA 52001, 2911 Jackson, 1013153017, $85.00, grass, weeds and garbage BM Properties LLC 8110 Southern Hills Circle Dubuque IA 52003, 765 Alpine, 1025105025, $160.00, garbage Teodoro Rubio 2630 Roosevelt Street Dubuque IA 52001, 836 Merz, 1013434008, $95.00, garbage Christopher Staebell 189 E 5th Sterling IL 61081, 693 Clarke, 1024108013, $95.00, grass and weeds Reed Ray & Rand LC c/o Bonjour Estates LC 3500 Dodge Street #387 Dubuque IA 52003, 925 Garfield, 1118353009, $70.00, garbage Thomas J & Martha J Blake 115 Skyline Drive Guttenberg IA 52052, 2301 White, 1 0241 3001 2, $280.00, garbage BRP Properties LLC 8505 Southern Hills Court Dubuque IA 52003, 1490 Cornell, 1024334001, $255.00, grass, weeds and garbage Cary A & Debra J Mandelka 2660 Greeley Street Dubuque IA 52001, 2660 Greeley, 1 01 331 2003, $95.00, grass and weeds Joseph E Healey 2586 Crissy Drive Dubuque IA 52001, 1010 Wilson, 1025104004, $215.00, garbage Antonio G Conley 2512 Broadway Street Dubuque IA 52001, 1104 Riverview, 1 01 3431 01 2, $70.00, grass and weeds Paul R & Kitty A George 710 Merz Street Dubuque IA 52001, 710 Merz, 1013454030, $100.00, grass, weeds and garbage Charles W & Lisa A Wehrspann 13150 Circle Ridge Road Sherrill IA 52073, 3870 Creston, 1021352001, $175.00, grass, weeds and garbage Bijou Estates LC c/o Bonjour Estates 3500 Dodge Street #387 Dubuque IA 52003, 3070 Westmore, 1015382010, $70.00, grass and weeds Thomas P & Julie M Kane 11020 Lakeview Drive Dubuque IA 52003, 2735 Asbury, 1022254003, $115.00, grass and weeds Queck Capital Management P 0 Box 762 Dubuque IA 52004 -0762, 2219 Washington, 1024203014, $80.00, garbage Daniel M & Keri L Keller 481 Sherwood East Dubuque IL 61025, 2162 Washington, 1024210002, $55.00, garbage Stuart G Hoover 850 White Street Dubuque IA 52001, 656 W 11th, 1024385007, $225.00, garbage William J Finn 1860 Heeb Street Dubuque IA 52001, 2010 Shelby, 1024134046, $85.00, grass and weeds Merlin J & Sandra L Meyer 340 Valley Street Dubuque IA 52001, 340 Valley, 1036202005, $95.00, grass and weeds Leroy P & Carol Ruden 412 4th Avenue SE Dyersville IA 52040, 1808 Grace, 1026251005, $70.00, grass and weeds Nathan B & Jennifer M Boyes 14130 Cypress Point Dubuque IA 52002, 977 Cleve- land, 1025378004, $70.00, grass and weeds Curtis J Prado 2230 Francis Street Dubuque IA 52001, 2230 Francis, 1024129011, $75.00, grass, weeds and garbage Sec Housing & Urban Dev c/o Michaelson, Connor & Boul 4400 Will Rogers Pkwy #300 Oklahoma City OK 73108, 2224 Francis, 1 0241 2901 2, $120.00, grass, weeds and garbage 7 Grand Estates LC c/o Bonjour Estates 3500 Dodge Street #387 Dubuque IA 52003, 145 S Grandview, 1026476026, $70.00, grass and weeds Richard Henry Then Testamentary Trust 4812 Then Road Bernard IA 52032, 2062 White, 1024213001, $85.00, garbage US Bank NA ° %Wells Fargo Real Estate 1 Home Campus Macx2302 -04d Des Moines IA 50328, 1494 Jackson, 1024426002, $120.00, grass and weeds OHP 17 LC 2920 Harrison Street Davenport IA 52803, 326 W Locust, 1024329018, $65.00, grass and weeds Garden District Estates LC 3500 Dodge Street #387 Dubuque IA 52003, 75 W 24th 1013377049, $115.00, garbage Stacy L Rhone 2412 White Street Dubuque IA 52001, 2412 White, 1013379010, $290.00, grass, weeds and garbage Residential Funding Co c/o GMAC Mortgage LLC 1100 Virginia Drive Fort Washing- ton PA 19034, 1576 Locust, 1024336003, $190.00, grass and weeds Larry P & Cheryl A Conley 2512 Broadway Street Dubuque IA 52001, 2512 Broad- way, 1013377008, $245.00, grass, weeds and garbage Helicon Resources LLC 800 Spring Street Suite 101 Galena IL 61036, 2404 White, 1 01 337901 3, $115.00, garbage Queck Properties LLC P 0 Box 762 Dubuque IA 52004 -0762, 2410 White, 1 01 337901 1, $70.00, grass, weeds and garbage John F Fazio & Alicia K Hall 1469 Marjorie Circle Dubuque IA 52002, 1794 Delhi, 1026211002, $185.00, grass, weeds and garbage Mark W Quade 1122 Center Place Dubuque IA 52001, 1118 Center, 1024357006, $230.00, grass, weeds and garbage F28 LLC c/o Jeffrey K Bair 514 Loras Boulevard Dubuque IA 52001, 514 Loras, 1024340001, $65.00, grass and weeds Christopher F Curfman 765 Kelly Lane Dubuque IA 52003, 82 Alpine, 1025303003, $80.00, grass and weeds William J Kelly Jr 911 Tressa Street Dubuque IA 52003, 1711 W 3rd, 1026252025, $75.00, grass and weeds Mark P & Deborah A McDonough 10946 Mockingbird Drive Peosta IA 52068, 855 W 5th, 1025176005, $35.00, grass and weeds Aaron D & Brianna L Locke 321 Monroe Street Dubuque IA 52001, 321 Monroe, 1013310005, $205.00, garbage West Locust Properties LLC 800 Spring Street #101 Galena IL 61036, 460 W Lo- cust, 1024179004, $70.00, grass and weeds GNP LLC 1700 Auburn Street Dubuque IA 52001, 1480 Cornell, 1024334003, $100.00, grass and weeds Tri -State Property Mgmt 485 Locust Street Dubuque IA 52001, 641 W 11th, 1 024381 01 8, $95.00, grass and weeds Robert J & Maribeth P Devereaux P 0 Box 684 Elk Grove Village IL 60009, 2850 Burlington, 1014428006, $331.00, garbage David A & Kathy M Dickey 2088 Hummingbird Drive Dubuque IA 52002, 1866 Jack- son, 1024258003, $85.00, garbage 14th Street Properties LLC 800 spring Street #101 Galena IL 61036, 232 E 14th, 1024430002, $100.00, garbage Nicholas J & Leann S May 910 Lincoln Avenue Dubuque IA 52001, 910 Lincoln, 1013477005, $75.00, garbage 8 Mardi Gras Estates LC 3500 Dodge Street #387 Dubuque IA 52003, 2586 Central, 1013376002, $65.00, garbage Nottingham Properties LLC 2115 Kennedy Road Dubuque IA 52002, 2006 Hum- boldt, 1 01 347701 8, $75.00, garbage PNC LLC 2281 Hancock Avenue Eagle Grove IA 50533, 1029 W 5th, 1025108018, $135.00, garbage Meyer Brothers of Dubuque LLP 205 Kaufmann Avenue Dubuque IA 52001, 2631 Washington, 1013330031, $170.00, grass and weeds Vacant and Abandoned Building and Problem Property Assessments: City Manager recommending adoption of a resolution authorizing the City Clerk to certify the vacant and abandoned building and problem property charges to the Dubuque County Treas- urer in order to establish real property liens for collection of such charges. Upon motion the documents were received and filed and Resolution No. 22 -12 Authorizing the City to collect delinquent vacant and abandoned building and problem property charges in ac- cordance with Title 6 -6 -3B1 h; Title 6 -6 -4B3 & Title 6 -6B of the Code of Ordinances of the City of Dubuque, Iowa, was adopted. RESOLUTION NO. 22 -12 AUTHORIZING THE CITY TO COLLECT DELINQUENT VACANT AND ABANDONED BUILDING AND PROBLEM PROPERTY CHARGES IN ACCORDANCE WITH TITLE 6- 6 -3B1H; TITLE 6 -6 -4B3 & TITLE 6 -6B OF THE CODE OF ORDINANCES OF THE - CITY OF DUBUQUE, IOWA Whereas, residential properties in the City of Dubuque are considered hazardous or unsanitary remises if vacant and abandoned buildings and problem properties are al- lowed to deteriorate according to 6 -6 -3B1 h; and Whereas, whenever in the judgment of the Housing Officer, a nuisance that is "pal- pably and indisputably such" exists which requires immediate action to protect the pub- lic health, safety or welfare of the public, the Housing Officer may order the emergency abatement of such; and Whereas, delinquent vacant and abandoned building and problem property charges shall be certified by the City Clerk to the Dubuque County Treasurer for collection with, and in the same manner as general property taxes; and Whereas, the assessments may be paid in full or in part without interest at the City Treasurer's Office, City Hall, 50 W. 13 h Street, Dubuque, Iowa, at any time within 30 days after the date of the first publication of the notice of the filing of the Schedule of Assessments with the County Treasurer. After 30 days, unpaid assessments are paya- ble at the County Treasurer's Office, Dubuque County Courthouse, 720 Central Avenue, Dubuque, Iowa, and charges shall be collected in the same manner as general property taxes against the respective parcels of the property set forth on the attached schedule. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the persons listed on the attached VAB /Problem Property Assess- ment Schedule are delinquent in the payment of vacant and abandoned building and problem property charges. Section 2. That the City Clerk be and is hereby ordered and directed to certify to the County Treasurer of Dubuque County, Iowa, that the persons named on the attached VAB /Problem property Assessment Schedule are delinquent in the payment of vacant and abandoned building and problem property charges in the amount set aside of the 9 respective names, and that said amounts shall be collected in the same manner as general property taxes against the respective parcels of property set opposite the names of the owners. Passed, approved and adopted this 6th day of February, 2012. Roy D Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Schedule of Assessments Delinquent Vacant and Abandoned Building and Problem Property Charges Janice Weis 400 E 22nd St Dubuque IA 52001, 400 E 221-1d, 1024211001, $3,025.00, deconstruct garage, steps and porch Barbara Travis 700 English Lane Dubuque IA 52003, 517 Rhomberg, 1024229009, $2,020.00, remove 1/2 garage, rebuild gable end Stuart Hoover 850 White Street Dubuque IA 52001, 656 W. 11th, 1024385007, $170.00, remove back porch and secure door State Consolidated Funding - Jule Transit Authorizing Resolution: City Manager rec- ommending approval of the Consolidated Funding application and Authorizing Resolu- tion that was submitted to the Iowa Department of Transportation for Fiscal Year 2012 funding for The Jule. Upon motion the documents were received, filed, and approved. Hendricks Feed and Seed Co., Inc. - Easement Acceptance: City Manager recom- mending acceptance of an Easement from Hendricks Feed and Seed Co., Inc. for storm sewer, underground electric, fiber optic cable, traffic signals and other appurtenances at 880 Central Avenue. Upon motion the documents were received and filed and Resolu- tion No. 23 -12 Accepting the grant of an easement for storm sewer, underground elec- tric, fiber optic cable, traffic signals and other appurtenances through, under and across a part of City Lot 328 in the City of Dubuque (880 Central Avenue) was adopted. RESOLUTION NO. 23 -12 ACCEPTING THE GRANT OF AN EASEMENT FOR STORM SEWER, UNDER- GROUND ELECTRIC, FIBER OPTIC CABLE, TRAFFIC SIGNALS AND OTHER AP- PURTENANCES THROUGH, UNDER AND ACROSS A PART OF CITY LOT 328 IN THE CITY OF DUBUQUE Whereas, Hendricks Feed and Seed Co., Inc. has executed an Easement for Storm Sewer, Underground Electric, Fiber Optic Cable, Traffic Signals, and Other Appurte- nances through, under and across a part of City Lot 328 in the City of Dubuque, Dubu- que County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Council of the City of Dubuque, Iowa, hereby approves of, ac- cepts and consents to the grant of Easement for Storm Sewer, Underground Electric, Fiber Optic Cable, Traffic Signals, and Other Appurtenances through, under and across a part of City Lot 328 in the City of Dubuque, Dubuque County, Iowa, from Hendricks Feed and Seed Co., Inc., a copy of which is attached hereto. Section 2. The Mayor is hereby authorized and directed to execute and acknowledge on behalf of the City of Dubuque any instruments in connection herewith. Passed, approved and adopted this 6th day of February, 2012. Roy D. Buol, Mayor 10 Attest: Kevin S. Firnstahl, City Clerk Collective Bargaining Agreement - Dubuque Police Protective Association: City Man- ager recommending approval of the Collective Bargaining Agreement between the City of Dubuque and the Dubuque Police Protective Association for a two year period begin- ning July 1, 2012. Upon motion the documents were received and filed and Resolution No. 24 -12 Approving the agreement between the City of Dubuque, Iowa, and the Dubu- que Police Protective Association and authorizing the Mayor to sign the Agreement was adopted. RESOLUTION NO. 24 -12 APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE DUBUQUE POLICE PROTECTIVE ASSOCIATION AND AUTHORIZING THE MAYOR TO SIGN THE AGREEMENT Whereas, the Sixty -Fifth General Assembly adopted the Public Employment Rela- tions Act, Chapter 20, Code of Iowa; and Whereas, the City of Dubuque is public employer within the meaning of Section 3 (1) of the Public Employment Relations Act; and Whereas, the Dubuque Police Protective Association is an employee organization within the meaning of Section 3 (4) of the Public Employment Relations Act; and Whereas, the Dubuque Police Protective Association submitted a request to bargain collectively on behalf of the employees within its representation; and Whereas, bargaining between the parties has occurred and an agreement has been concluded. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the terms of the agreement be approved and the Mayor authorized and directed to sign the collective bargaining agreement. Passed, approved and adopted this 6th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Improvement Contracts / Performance, Payment and Maintenance Bonds: Grand River Center Carpet Replacement Project. Upon motion the documents were received and filed. Mines of Spain Master Plan Process - Bottoms Property: City Manager transmitting information on the Mines of Spain Master Plan process to be undertaken by the Iowa Department of Natural Resources for the Bottoms property, a planned expansion of the state park. Upon motion the documents were received and filed. Green Alley Permeable Pavers (17th - 18th, Between Jackson and Washington Streets) - Project Award: City Manager recommending award of the contract for the Green Alley Permeable Pavers Project to the low bidder, McDermott Excavating, in the amount of $148,847.05. Upon motion the documents were received and filed and Reso- lution No. 25 -12 Awarding public improvement contract for the Green Alley Permeable Pavers Project (17th - 18th, Between Jackson and Washington Streets) was adopted. 11 RESOLUTION NO. 25 -12 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE GREEN ALLEY PER- MEABLE PAVERS PROJECT (17TH — 18TH, BETWEEN JACKSON AND WASHING- TON STREETS) Whereas, sealed proposals have been submitted by contractors for the Green Alley Permeable Pavers Project (17th — 18th between Jackson and Washington Streets) (the Project) pursuant to Resolution No. 432 -11 and Notice to Bidders published in a news- paper published in the City of Dubuque, Iowa on the 19th day of December, 2011; and Whereas, said sealed proposals were opened and read on the 19th day of January, 2012, and it has been determined that McDermott Excavating of Dubuque, Iowa, with a bid in the amount of $148,847.05, is the lowest responsive, responsible bidder for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That a Public Improvement Contract for the Project is hereby awarded to McDermott Excavating and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 6th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk National Register Historic District Update - Cathedral Historic District: City Manager recommending approval of an update and amendment of the existing National Register of Historic Places designation for the Cathedral Historic District. Upon motion the docu- ments were received, filed, and approved. 7th Street Retaining Wall Reconstruction - Project Award: City Manager recommend- ing that the award for the 7th Street Retaining Wall Emergency Repairs Project be offi- cially recorded in the minutes of the City Council. Upon motion the documents were re- ceived, filed and made a Matter of Record. Madison Street Retaining Wall Repair - Project Award: City Manager recommending that the award for the 7th Street Retaining Wall Emergency Repairs Project be officially recorded in the minutes of the City Council. Upon motion the documents were received, filed and made a Matter of Record. PEG Capital Expenditure Request: City Manager recommending approval of the Ca- ble TV Tele- Programming Commission recommendation for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities in the amount of $15,500 for the City of Dubuque to replace the playback server in the CityChannel8 TV Control Room. Upon motion the documents were received, filed, and approved. Request to Vacate - 2125 Kerper Blvd.: Correspondence from Thomas Giese of Giese Companies requesting that the City vacate a portion of a City street /alley abutting their property at 2125 Kerper Blvd. for use as additional parking and storage. Upon mo- tion the documents were received, filed and refer to the City Manager. 12 Fiscal Year Ended June 30, 2011 Comprehensive Annual Financial Report (CAFR): City Manager submitting the Fiscal Year 2011 Comprehensive Financial Report (CAFR), Auditor's Communication with Those Charged with Governance Letter, along with the City Finance staffs response. Upon motion the documents were received and filed. SW Arterial / Highway 20 Interchange - Competitive RISE Application: City Manager recommending approval of a resolution endorsing the support for the City's RISE Grant application for the development of the proposed Dubuque Industrial Center South - US Highway 20 Interchange. Upon motion the documents were received and filed and Res- olution No. 26 -12 Endorsing the Submission of a Revitalize Iowa's Sound Economy (RISE) Application to the Iowa Department of Transportation for the construction of the proposed US Highway 20 and Seippel Road Interchange was adopted. RESOLUTION NO. 26 -12 ENDORSING THE SUBMISSION OF A REVITALIZE IOWA'S SOUND ECONOMY (RISE) APPLICATION TO THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF THE PROPOSED US HIGHWAY 20 AND SEIPPEL ROAD INTERCHANGE Whereas, the City of Dubuque believes that economic development opportunities re- quire developable industrial land with adequate public infrastructure in order to retain and attract new job creating businesses and industries to this community; and Whereas, the City of Dubuque is working with local and national industries in the de- velopment of industrial properties in the new Dubuque Industrial Center South; and Whereas, the Iowa Department of Transportation, through its Revitalize Iowa's Sound Economy (RISE) Competitive Project Funding, has monies available for the develop- ment of public roadways and infrastructure to support economic development opportuni- ties. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby endorses the application to the Iowa De- partment of Transportation for RISE grant funding to provide roadway and interchange access to new industrial sites in the Dubuque Industrial Center South. Section 2. That the City of Dubuque hereby certifies that said roadway improvements will be and shall remain dedicated for public use and that funding will be available to fi- nance the City's portion of project costs. Section 3. That the City of Dubuque hereby agrees to discuss with the Iowa Depart- ment of Transportation the responsibility for and ongoing maintenance of said roadway improvements to ensure that the roadway will be adequately maintained in the future. Section 4. That the City Manager is authorized to sign, on behalf of the City Council, the application for RISE grant funding. Passed, approved and adopted this 6th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Mines of Spain Lease - Temporary and Approval Agreement for Railroad Contract Work Area: City Manager recommending approval of two agreements with the Iowa De- partment of Natural Resources related to the Mines of Spain and construction work on the railroad bridge on Julien Dubuque Drive. Upon motion the documents were re- ceived, filed, and approved. 13 Master Consulting Services Agreement Second Amendment - The Iowa Institute and David Lyons: City Manager recommending approval of an extension of the Smarter Sustainable Dubuque Project Management contract through June 30, 2013. Upon mo- tion the documents were received, filed, and approved. Quarterly Investment Report: City Manager transmitting the Quarterly Investment Report for the quarter ending December 31, 2011. Upon motion the documents were received and filed. Fiscal Year 2013 Budget Transmittal: City Manager submitting the Fiscal Year 2013 Budget Transmittal. Upon motion the documents were received and filed. Crescent Ridge Open Space Name Recommendation: City Manager recommending naming the land donation of 12.93 acres of property located in the water way south of Target and Center Grove Drive as Center Grove Open Space. Upon motion the docu- ments were received, filed, and approved. Substance Abuse Services Center: City Manager transmitting the Second Quarter Report from the Substance Abuse Services Center. Upon motion the document was re- ceived and filed. Signed Contracts: A) MSA Professional Services Agreement for Eagle Point Park Washout Repair, B) IIW Agreement for Engineering Services for Intermodal Transporta- tion Center Project, C) Short Form Contract with Vorwald Log and Lumber for decon- struction of 2242 Washington Street, D) IIW Contract Oversight of the Construction of ARC Transfer Center, E) Ted Stackis Construction Contract for Deconstruction of Prop- erties on East 22nd Street Upon motion the documents were received and filed. Tobacco Compliance - Civil Penalty for Tobacco License Holders: City Manager rec- ommending approval of the Acknowledgement /Settlement Agreements for a first of- fense tobacco compliance violation for Let's Roll Tobacco, 3430 Dodge Street. Upon motion the documents were received, filed, and approved. Alcohol Compliance - Civil Penalty for Alcohol License Holders: City Manager rec- ommending approval of the Acknowledgement /Settlement Agreement for an alcohol compliance violation for Accessorize Me, 474 Bluff Street. Upon motion the documents were received, filed, and approved. Alcohol and Tobacco License Applications: City Manager recommending approval of annual liquor, beer, wine and tobacco licenses as submitted. Upon motion the docu- ments were received and filed and Resolution No. 27 -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; and Resolution No. 28 -12 Approving a permit as a tobacco products retailer as provided by Iowa Code Section 453A.47A were adopted. 14 RESOLUTION NO. 27 -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: Section 1. The City Clerk is hereby authorized and directed to cause to be issued the following named applicants and permit types. Awn Stop Mart, Inc. Baymont Inn & Suites Big 10 Mart Cedar Cross AMOCO El Paisano Grocery Hartig Drug Company #8 Pusateris The Richards House B &B Town Clock Inn 1998 Jackson St. 4025 McDonald Dr. 2100 J.F.K. Rd. 1200 Cedar Cross Rd. 1543 Central Ave. 1600 University Ave. 2400 Central Ave. 1492 Locust St. 799 Town Clock Plaza Class C Beer Permit (Sunday) Class B Liquor License (LB) (Ho- tel /Motel) Class C Beer, B native Wine Permit (Sunday) Class B Native Wine Permit (Sunday) Class C Beer Permit (Sunday) Class E Liquor, C Beer, B wine carryout (Sunday) Class C Liquor License Class B Native Wine Permit (Sunday) Class C Liquor License Passed, approved and adopted this 6th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 28 -12 APPROVING A PERMIT AS A TOBACCO PRODUCTS RETAILER AS PROVIDED BY IOWA CODE SECTION 453A.47A Whereas, an application for a permit as a tobacco products retailer has been submit- ted and filed with the City Council for approval and the same has been examined and approved; and Whereas, the applicant has complied with the provisions of law relating to the sale of cigarettes within the City of Dubuque, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is hereby authorized and directed to issue a permit as a to- bacco products retailer to the following named applicant: Hy -Vee C Store #1, 3270 Dodge Street, Expiration Date June 30, 2012 Passed, approved and adopted this 6th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk 15 ITEM TO BE SET FOR PUBLIC HEARING Motion by Connors 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 Lynch. Motion carried 7 -0. Theisen Supply- Development Agreement: City Manager recommending that a public hearing be set for February 20, 2012, to consider disposition of approximately 5.7 acres to Leo Theisen. Upon motion the documents were received and filed and Resolution No. 29 -12 Resolution of Intent to dispose of an interest in City of Dubuque real estate and 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 Agreement relating thereto with Leo A. Theisen and Theisen Supply, Inc., and providing for the publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on February 20, 2012 in the Historic Federal Building. RESOLUTION NO. 29 -12 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE AND 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 DEVEL- OPMENT AGREEMENT RELATING THERETO WITH LEO A. THEISEN AND THEISEN SUPPLY, INC AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property); Lot 2 of 2 Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa; and Whereas, City and Leo A. Theisen and Theisen Supply, Inc. have entered into a De- velopment Agreement, subject to the approval of the City Council, a copy of which is now on file at the Office of the City Clerk, City Hall, 13th and Central Avenue, Dubuque, Iowa, pursuant to which City will convey the Property to Leo A. Theisen and Theisen Supply, Inc. as shown on Exhibit B attached hereto; and Whereas, the City Council has tentatively determined that it would be in the best in- terests of the City to approve the Development Agreement, including the conveyance of the Property to Leo A. Theisen; and Whereas, it is deemed necessary and advisable that City should authorize Urban Renewal Tax Increment Revenue obligations, as provided by Chapter 403 of the Code of Iowa, and to enter into the Development Agreement relating thereto for the purpose of carrying out an Urban Renewal Plan as hereinafter described; and Whereas, before said obligations may be approved, Chapter 403 of the Code of Iowa requires that the City Clerk publish a notice of the proposal and of the time and place of the meeting at which the City Council proposes to take action thereon and at which meeting the City Council shall receive oral and /or written objections from any resident or property owner of said City to such proposed action. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City of Dubuque intends to dispose of its interest in the foregoing - described Property by Deed to Leo A. Theisen. 16 Section 2. The City Clerk is hereby authorized and directed to cause this Resolution and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing9 on the City's intent to dispose of the foregoing- described Property, to be held on the 20t day of February, 2012, at 6:30 o'clock p.m. in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Section 3. The City Council will also meet at said time and place for the purpose of taking action on the matter of authorizing Urban Renewal Tax Increment Revenue obli- gations and the execution of the Development Agreement relating thereto with Leo A. Theisen and Theisen Supply, Inc. the proceeds of which obligations will be used to car- ry out certain of the special financing activities described in the Urban Renewal Plan for the Dubuque Industrial Center Economic Development District, consisting of the funding of economic developments grants to Leo A. Theisen pursuant to the Development Agreement under the terms and conditions of said Urban Renewal Plan. It is expected that the aggregate amount of the Tax Increment Revenue obligations will be approxi- mately $375,000. Section 4. The Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a newspaper, printed wholly in the English language, pub- lished at least once weekly, and having general circulation in said City, said publication to be not less than four days nor more than twenty days before the date of said meeting on the issuance of said obligations. Section 5. That the notice of the proposed action to issue said obligations shall be in substantially the form attached hereto. Passed, approved and adopted this 6t" day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk BOARDS /COMMISSIONS Appointment to the following board /commission: Community Development Advisory Commission. Three 3 -year terms: One low /moderate- income area term (vacant term of Stubben) through February 15, 2015; One low /moderate- income area term (vacant term of Craddieth) through February 15, 2014; One at -large term (expired term of Wain- wright) through February 15, 2015. Applicants: Adam Rathje, 299 Main St., Apt. #45 (Low /Moderate- Income Area) (Additional Applicant), Abagail Smith, 1780 Central Ave- nue 2A (Low /Moderate- Income Area) (Additional Applicant), Thomas Wainwright, 1788 Lori Street (At- Large). Motion by Jones to appoint Thomas Wainwright to the Communi- ty Development Advisory Commission to a 3 -year term through February 15, 2015, Ad- am Rathje through February 15, 2015, and Abagail Smith through February 15, 2014. Seconded by Connors. Motion carried 7 -0. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to address the City Council. Caradco Landlord, LLC and Warehouse Development, LLC - Grant of Easement: Proof of publication on notice of public hearing to consider granting an easement across Washington Street to accommodate private service lines for fiber, television, power, tel- ephone, cable, and future needs for the Caradco Landlord, LLC & Warehouse Devel- 17 opment, LLC property, which is in the process of renovation at 900 Jackson Street and the City Manager recommending approval. Motion by Lynch to receive and file the doc- uments and adopt Resolution No. 30 -12 Granting easement for private utility to Caradco Landlord, LLC & Warehouse Development, LLC of Dubuque for an underlying portion of Washington Street; and Resolution No. 31 -12 Disposing of City interest by Grant of Easement to Caradco Landlord, LLC & Warehouse Development, LLC of Dubuque for an underlying portion of Washington Street. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 30 -12 GRANTING EASEMENT FOR PRIVATE UTILITY TO CARADCO LANDLORD LLC & WAREHOUSE DEVELOPMENT LLC OF DUBUQUE FOR AN UNDERLYING POR- TION OF WASHINGTON STREET Whereas, Caradco Landlord LLC & Warehouse Development LLC has requested a "Grant of Easement" for Private Utility for an underlying portion of Washington Street for the fiber, television, power, telephone, cable and future needs; and Whereas, Buesing & Associates, Inc. has prepared and submitted to the City Council an exhibit showing the underlying portion of Washington Street, running between Lot 1 of Caradco Place and Lot 2 -1 of Center City Place #3 for the proposed private service utilities; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the por- tion of underlying Washington Street can be utilized for this private utilities services crossing of Washington Street, as shown on the Exhibit A, in the City of Dubuque, Dubuque County, Iowa, should be approved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the "Grant of Easement" for Private Utility for fiber, television, power, telephone, cable and future needs to the Caradco Landlord LLC & Warehouse Devel- opment LLC, 900 Jackson Street be and the same is hereby approved. Passed, approved and adopted this 6th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 31 -12 DISPOSING OF CITY INTEREST BY GRANT OF EASEMENT TO CARADCO LAND- LORD LLC & WAREHOUSE DEVELOPMENT LLC OF DUBUQUE FOR AN UNDER- LYING PORTION OF WASHINGTON STREET Whereas, pursuant to resolution and published notice of time and place of hearing, published in the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, Iowa on this 20th day of January, 2012, the City Council of the City of Dubuque, Iowa met on the 6th day of February, 2012, at 6:30 p.m. in the Historic Feder- al Building, 350 W. 6th Street, Dubuque, Iowa, to consider the proposal for the granting of easement described as: Washington Street, north of the intersection of East 9th Street, in the City of Dubuque, Dubuque County, Iowa Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposed granting of easement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: 18 Section 1. That the Grant of Easement for private utility by the City of Dubuque for underlying portion of Washington Street described as under and across right -of -way north of East 9th Street between Lot 1 of Caradco Place and Lot 2 -1 of Center City Place #3 in the City of Dubuque, Iowa, be and the same is hereby approved for the sum of $500.00, plus mapping costs. Section 2. The City of Dubuque reserves unto itself a perpetual easement of this same described area for the purpose of erecting, installing, constructing, reconstructing, repairing, owning, operating and maintaining all public utilities. Section 3. That the Mayor be authorized and directed to execute the Grant of Ease- ment for private utility and the City Clerk be and is hereby authorized and directed to deliver said Grant of Easement to the Caradco Landlord LLC & Warehouse Develop- ment LLC upon receipt of the $500.00 payment. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this Grant of Easement for private utility in the offices of the City Asses- sor, Dubuque County Recorder and Dubuque County Auditor. Passed, approved and adopted this 6th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Historic White Water Bridge: Proof of publication on notice of public hearing to con- sider the Historic White Water Creek Bridge landmark nomination and the Historic Preservation Commission recommending approval. Motion by Connors 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 Resnick. Planning Services Manager Laura Carstens provided a staff report. Motion carried 7 -0. Motion by Connors for final consideration and passage of Ordinance No. 4 -12 Amending Title 16 Chapter 10 (Historic Preservation) of The City of Dubuque Code of Ordinances, Unified Development Code, by adding a new Section 16- 10- 7(B)(10) Des- ignating the White Water Creek Bridge as a Landmark. Seconded by Resnick. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 4-12 AMENDING TITLE 16 CHAPTER 10 (HISTORIC PRESERVATION) OF THE CITY OF DUBUQUE CODE OF ORDINANCES, UNIFIED DEVELOPMENT CODE, BY ADDING A NEW SECTION 16- 10- 7(B)(10) DESIGNATING THE WHITE WATER CREEK BRIDGE AS A LANDMARK Whereas, the Historic Preservation Commission has recommended an amendment to Title 16 Chapter 10 (Historic Preservation) of the City of Dubuque Code of Ordinanc- es designating the White Water Creek Bridge as a landmark; and Whereas, the City Council concurs with the designation of the White Water Creek Bridge as a landmark in accordance with the provisions of Title 16 Chapter 10. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That Title 16 of the City of Dubuque Code of Ordinances, Unified Devel- opment Code, Chapter 10 is hereby amended by adding the following new section: Sec. 16- 10- 7(B)(10) White Water Creek Bridge: 19 The property hereinafter described is hereby designated as a landmark, accord- ing to the provisions of this chapter: The span of bridge situated on Lot H Dubuque Industrial Center West Final Plat, commonly known as the Bergfeld Recreation Area, 7600 Chavenelle Drive. Section 2. This ordinance shall take effect immediately upon publication, as provided by law. Passed, approved and adopted this 6th day of February, 2012. /s/Roy D. Buol, Mayor Attest: /s/Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald Newspaper on the 10th day of February, 2012. /s /Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Greater Dubuque Development Corporation - Quarterly Report: Executive Director Rick Dickinson provided a verbal update and the activities of the Greater Dubuque De- velopment Corporation. Responding to questions from the City Council regarding Dubu- que's cooperative environment, Mr. Dickinson cited three things the city has done, 1) hired talent in public office, 2) Hired talent in the community, and 3) supported the talent hired. Motion by Jones to receive and file the information. Seconded by Braig. Motion carried 7 -0. Sale of General Obligation Urban Renewal Bonds Series 2012A and General Obliga- tion Bonds Series 2012B: City Manager advising that the results of the sale of $4,380,000 General Obligation Urban Renewal Bonds Series 2012A and $7,495,000 General Obligation Bonds Series 2012B will be brought to the February 6, 2012 City Council meeting for approval. Motion by Braig to receive and file the documents and adopt Resolution No. 32 -12 Directing the sale of General Obligation Urban Renewal Bonds Series 2012A; Resolution No. 33 -12 Directing the sale of General Obligation Bonds Series 2012B; and Resolution No. 34 -12 Authorizing the Redemption of out- standing General Obligation Capital Loan Notes Series 2010F dated September 20, 2010. Seconded by Connors. PFM Senior Managing Consultant Tionna Pooler provided a summary of the bond sale. Motion carried 7 -0. RESOLUTION NO. 32 -12 DIRECTING SALE OF GENERAL OBLIGATION URBAN RENEWAL BONDS, SE- RIES 2012A Whereas, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follows and the best bid received is determined to be the following: GENERAL OBLIGATION URBAN RENEWAL BONDS, SERIES 2012A: Bidder: Robert W. Baird & Co., Inc., et al of Milwaukee, Wisconsin the terms of said bid being: Purchase Price:$4,360,912.95 Principal Amount:$4,380,000 True Interest Rate:2.5444% 20 True Interest Cost:$1,274,992.74 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Series 2012A Bonds as above set out is hereby de- termined to be the best and most favorable bid received and, said Series 2012A Bonds are hereby awarded based on said bid. Section 2. That the form of contract for the sale of said Series 2012A Bonds is hereby approved and the Mayor and City Clerk are authorized to execute and attest the same on behalf of the City. Section 3. That the notice of the sale of the Series 2012A Bonds heretofore given and all acts of the City Clerk and Finance Officer done in furtherance of the sale of said Series 2012A Bonds are hereby ratified and approved. Passed and approved, this 6th day of February, 2012. Roy D. Duol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 33 -12 DIRECTING SALE OF GENERAL OBLIGATION BONDS, SERIES 2012B Whereas, pursuant to notice as required by law, bids have been received at public sale for the Bonds described as follows and the best bid received is determined to be the following: GENERAL OBLIGATION BONDS, SERIES 2012B: Bidder: Robert W. Baird & Co, Inc. et al of Milwaukee, Wisconsin the terms of said bid being: Purchase Price: $7,428,195.75 Principal Amount: $7,495,000 True Interest Rate: 2.7031 % True Interest Cost: $2,291,394.39 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the Series 20128 Bonds as above set out is hereby de- termined to be the best and most favorable bid received and, said Series 2012B Bonds are hereby awarded based on said bid. Section 2. That the form of contract for the sale of said Series 2012B Bonds is hereby approved and the Mayor and City Clerk are authorized to execute and attest the same on behalf of the City. Section 3. That the notice of the sale of the Series 20128 Bonds heretofore given and all acts of the City Clerk and Finance Officer done in furtherance of the sale of said Series 2012B Bonds are hereby ratified and approved. Passed and approved, this 6th day of February, 2012. Attest: Kevin S. Firnstahl, City Clerk 21 Roy D. Buol, Mayor RESOLUTION NO. 34 -12 AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION CAPITAL LOAN NOTES, SERIES 2010F, DATED SEPTEMBER 20, 2010, OF THE CITY OF DUBUQUE, IOWA, AND DIRECTING NOTICE OF REDEMPTION Whereas, the City has heretofore authorized the issuance of $2,850,000 General Ob- ligation Capital Loan Notes, Series 2010F, dated September 20, 2010 (the "Series 2010F Notes "); and Whereas, the Series 2010F Notes may be called for redemption and paid before ma- turity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, upon giving notice in the manner provided in the foregoing resolution authorizing the issuance of the Series 2010F Notes; and Whereas, it is deemed necessary and advisable that the Series 2010F Notes be so redeemed and notice of redemption be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the outstanding General Obligation Capital Loan Notes, Series 2010F, dated September 20, 2010, in the principal amount of $1,900,000, be and the same are hereby redeemed as of March 15, 2012. Section 2. The Finance Director, as Registrar and Paying Agent for the Series 2010F Notes, is hereby authorized and directed to cause notice of such redemption to be given not less than ten (10) days prior to the redemption date. Section 3. The Finance Director is hereby authorized and directed to cause to be de- posited in a separate fund, from the proceeds of the General Obligation Bonds, Series 2012B, an amount sufficient to pay all principal and interest on the redeemed Series 2010F Notes to the date of redemption. Section 4. That the form of such notice be substantially as [provided]: Passed and approved this 6th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk High Impact Service Plan - Cities of Service /AARP Recognition Grant: City Manager recommending approval of the High Impact Service Plan as part of the requirements of the Cities of Service /AARP Initiative and Recognition Grant. Motion by Connors to re- ceive and file the documents and approve the recommendation. Seconded by Braig. Motion carried 7 -0. Pre - Annexation Agreement - 10924 Key West Drive: City Manager recommending approval of a pre- annexation agreement that provides for extension of City water to the property in exchange for the property to be annexed in the future. Motion by Lynch to receive and file the documents and approve the recommendation. Seconded by Jones. City Attorney Lindahl stated that the exchange transfers with the deed. Motion carried 7- 0. Green Dubuque - Community Climate Action Plan Proposal: City Manager is recom- mending staff be authorized to negotiate and execute a contract with Green Dubuque, Inc., as outlined in their proposal. Motion by Braig to receive and file the documents and approve the recommendation. Seconded by Jones. Motion carried 7 -0. 22 Comprehensive Plan - Format Recommendation: City Manager transmitting two op- tions for how the icons for the 11 Sustainability Principles can be incorporated in the Comprehensive Plan's Elements and requests City Council direction on the desired format for the Comprehensive Plan Update. Restated motion by Braig to receive and file the documents and select Option #2. Seconded by Connors. Motion carried 7 -0. Cable TV Commission Proposal: City Manager recommending retiring the Cable Tele- Programming Commission and the Cable Regulatory Commission and combining their duties in a single new entity, the Cable TV Commission. Motion by Jones to re- ceive 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. Motion carried 7 -0. Motion by Jones for final consideration and passage of Ordinance No. 5 -12 Repeal- ing City of Dubuque Code of Ordinances Title 11 Rights of Way, Chapter 3 Cable Tele- vision, Article B Community Regulatory Commission and Article C Cable Regulatory Commission and Adopting Title 2 Boards and Commissions, Article 11 Cable Television Commission Establishing the Cable Television Commission. Seconded by Braig. Motion carried 7 -0. OFFICIAL PUBLICATION ORDINANCE NO. 5-12 REPEALING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 11 RIGHTS OF WAY, CHAPTER 3 CABLE TELEVISION, ARTICLE B COMMUNITY TELE- PROGRAMMING COMMISSION AND ARTICLE C CABLE REGULATORY COMMIS- SION AND ADOPTING TITLE 2 BOARDS AND COMMISSIONS, ARTICLE 11 CABLE TELEVISION COMMISSION ESTABLISHING THE CABLE TELEVISION COMMIS- SION Whereas, City of Dubuque Code of Ordinances Title 11, Article 3B provides for the Community Tele- Programming Commission; and Whereas, Title 11, Article 3C provides for the Cable Regulatory Commission; and Whereas, the city council finds that it is in the best interest of the City of Dubuque to merge the two previously established commissions to form one commission to be known as the Cable Television Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. City of Dubuque Code of Ordinances Articles 11 -3B and 11 -3C of are re- pealed. Section 2. The following new Title 2, Article 11 is hereby adopted: ARTICLE 11 CABLE TELEVISION COMMISSION 2 -11 -1. Commission Created. There is hereby created a Cable Television Commis- sion. 2 -11 -2. Purpose. The purposes of the Commission are as follows: 1. To develop, in respect to community programming and cable regulation, poli- cies that will govern: a. The use and protection of equipment and facilities; b. All training programs; c. The priorities and scheduling for use of channel time; 23 d. The daily regulation and administration of the cable franchise; e. The resolution of subscriber complaints which could not be resolved satisfactorily by the cable manager; and, f. Other matters pertaining to community programming or cable services in Dubuque which may arise. 2. To develop policies and procedures regarding the public community program- ming channels that will promote its nondiscriminatory, first come, first served and equitable use in conformity with all applicable regulations and requirements and limit such use to residents of Dubuque and their own productions. 3. To encourage interest in and development of decidedly local community pro- gramming. 4. To encourage cooperation and cordial relations between community pro- grammers, cable subscribers, and the local cable manager and the local cable manager's staff. 5. To identify and support organization of subcommunities to be responsible for the channels reserved for public, education, and government programming. 6. To advise the following: a. The city manager or the city manager's designee (collectively "the city manager ") on matters relating to community programming and the regula- tion of the cable system; b. The city council on expenditure of any funds designated by a franchise for PEG equipment and facilities; and, c. The city council on any matter relating to the cable franchise or system. 7. To promulgate and administer through the city manager all policies, rules, and procedures relating to community programming. 8. To keep abreast of developments in cable technologies, services, and pro- gramming and to become competent in cable regulation, finances, and standards of operation. 9. To act through the city manager as the local regulatory agent of the cable franchise and to monitor the operation of the cable system. 10. To consult with the local cable manager on the best updating of the cable system, services, and programming and to advise the city council on expending the updating funds. 11. To evaluate its own proceedings and actions and all community programming and cable related activities. 12. To provide any cable user in Dubuque the opportunity to voice a complaint regarding the user's cable service. 2 -11 -3. Internal Organization and Rules. The Commission may adopt rules and regu- lations to govern its organizational procedures as may be necessary and which are not in conflict with city or state code. 2 -11 -4. Procedures for Operation. All administrative, personnel, accounting, budget- ary, and procurement policies of the city govern the Commission in all its operations. 2 -11 -5. Membership. 1. The Commission consists of seven (7) residents of the city, appointed by the city council. The mayor must publish notice of the names of persons selected for ap- pointment no less than thirty (30) days prior to a vote by the city council. 2. Residents must be eighteen (18) years of age or older. 3. Special Qualifications. 24 a. In its appointments, the city council will endeavor to achieve a broad represen- tation of the subcommunities and public interests which can take advantage of dedicated channels to benefit the residents of Dubuque and to develop a Com- mission versed and competent in telecommunication administration, finances, and regulation. The city council will attempt to give preference to applicants who are actively interested in promoting community cable programming who possess, or are willing to acquire, video production background, and who will relate to the spectrum of informational and cultural needs of cable viewers of Dubuque and applicants who possess professional or experiential backgrounds in law, financ- es, administration, public relations, or telecommunication technologies. b. Members of the Commission who represent subcommunities utilizing dedicat- ed channels are not be deemed to have a conflict of interest in the use of the equipment and facilities provided for that purpose solely because of their mem- bership on the Commission. 2 -11 -6. Oath. Each person, upon appointment or reappointment to the Commission, must execute an oath of office at the first meeting of the Commission following the ap- pointment or reappointment or at the city clerk's office any time prior to or within ten (10) days following the first meeting of the Commission. 2 -11 -7. Term. The term of office for commissioners is three (3) years. 2 -11 -8. Vacancies. Vacancies caused by death, resignation, or otherwise must be promptly filled by the city council for the unexpired term of office. 2 -11 -9. Officers /Organization. The Commission must choose annually, at the first meeting of each calendar year, from its own members, a chairperson and vice chairper- son, each to serve a term of one (1) year. The Commission must fill vacancies among its officers for the remainder of the unexpired term. 2- 11 -10. Meetings. 1. Regular Meetings. The Commission must meet not less than once each quarter. 2. Special Meetings. Special meetings may be called by the chairperson or at the written request of a majority of the commissioners. 3. Open Meetings. All meetings must be called and held in conformance with the Io- wa Open Meetings Law. 4. Attendance. a. In the event a commissioner has been absent for three (3) or more consecu- tive meetings of the Commission, without being excused by the chairperson, such absence will be grounds for the Commission to recommend to the city council that the position be declared vacant and a replacement appointed. b. Attendance must be entered in the meeting minutes. 5. Minutes. A copy of the minutes of all regular and special meetings of the Commis- sion must be filed with the city council within ten (10) working days after the next Commission meeting. 6. Quorum. Four (4) members of the Commission constitute a quorum for the trans- action of business. The affirmative vote of a majority of the commissioners present and voting is necessary for the adoption of any motion or resolution. 2- 11 -11. Compensation. Commissioners serve without compensation, provided that they may receive reimbursement for necessary travel and other expenses while on offi- cial Commission business within the limits established in the city administrative policies and budget. 2- 11 -12. Removal. The city council may remove any commissioner as provided in the Iowa Code. 25 2- 11 -13. Powers. The Commission has the following powers, duties, and responsibili- ties: 1. To assure that cable channels, equipment, and resources dedicated and reserved for community programming are used effectively, efficiently, and economically to af- ford subcommunities and individuals of Dubuque the opportunity to express opinions and provide information to cable users, and that such programming is characterized by appropriateness, quality, and continuity; and, 2. To assure full compliance with any franchises authorizing cable or video service in the City, that the franchises be interpreted and applied to the benefit of the City and its residents, that quality and updated services be delivered throughout the City, and that the public interest be protected in all matters related to the cable services deliv- ery systems. Section 3. This Ordinance shall take effect upon publication. Passed, approved, and adopted this 6th day of February 2012. /s /Roy D. Buol, Mayor Attest: /s /Kevin S. Firnstahl, City Clerk Published officially in the Telegraph Herald Newspaper the 9th day of March, 2012. /s /Kevin S. Firnstahl, City Clerk Special Event Permit Process: City Manager recommending changes to the Special Event Permit application process. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Resnick. Responding to questions from City Council, Assistant City Manager Cindy Steinhauser stated that groups new to the permit process will learn through information sent to points of contact, the City's web site, phone inquiries, and word of mouth. Motion carried 7 -0. Iowa Department of Transportation - North Cascade Road Bridge Agreement: City Manager recommending authorization for the Mayor to execute the Iowa Department of Transportation (Iowa DOT) Federal Aid Funding Agreement for the North Cascade Road Bridge Replacement Project in Dubuque County. Motion by Connors to receive and file the documents and adopt Resolution No. 35 -12 Approving the Iowa Department of Transportation Federal Aid Funding Agreement (Agreement No. 6 -11- STPU -21) for the North Cascade Road Bridge Replacement Project, Iowa DOT Project No. STP -U- 2100 (671)-- 70 -31. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 36 -12 APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION FEDERAL AID FUNDING AGREEMENT (AGREEMENT NO. 6- 11- STPU -21) FOR THE NORTH CAS- CADE ROAD BRIDGE REPLACEMENT PROJECT, IOWA DOT PROJECT NO. STP - U -2100 (671) -70 -31 Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the use of Dubuque Metropolitan Area Transportation Study (DMATS) Surface Transportation Program (STP) funds, East Central Intergovernmental Association Transportation Im- provement Program (TIP) funds and Statewide Transportation Improvement Program (STIP) funds for the North Cascade Road Bridge Replacement Project in Dubuque County, Iowa DOT Project No. STP -U -2100 (671)- 70 -31. Whereas, the DMATS STP funds will be utilized for eligible bridge and roadway im- provements deemed not eligible for the Federal Emergency Repair (ER) funding. Said 26 DMATS STP funds shall be used for such project activities as construction, engineering, inspection, and right -of -way property acquisition. Whereas, the DMATS STP federal aid appropriated funds will be eligible as per the terms of said funding agreement to complete said bridge and roadway improvements for the North Cascade Road Bridge Replacement Project in Dubuque County, Iowa DOT Project No. STP -U -2100 (671)- 70 -31. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Iowa DOT Federal Aid Funding Agreement (Agreement No. 6- 11-STPU-21) between the City of Dubuque and the Iowa Department of Transportation be hereby approved for the North Cascade Road Bridge Replacement Project in Dubu- que. Section 2. That the Mayor be authorized and directed to execute two copies of Iowa DOT Federal Aid Funding Agreement (Agreement No. 6 -11- STPU -21) for the North Cascade Road Bridge Replacement Project in Dubuque. Passed, approved and adopted this 6th day of February, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Southwest Arterial - US 20 / US 151 -61 Interchange Enhancements: City Manager recommending to proceeding with bridge enhancement Option No. 1 for the US 20 In- terchange and the US 151 -61 Interchange and support of the proposed bridge en- hancement design elements to be incorporated into the final design phase of the Southwest Arterial project. Restated motion by Braig to receive and file the documents and select Option #1. Seconded by Connors. Assistant City Engineer Bob Schiesl pro- vided a slide presentation illustrating the design concepts. Motion carried 7 -0. 2012 National Citizens Survey: City Manager recommending approval to enroll the City of Dubuque in the 2012 National Citizen Survey. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Resnick. Motion carried 7 -0. COUNCIL MEMBER REPORTS Mayor Buol reported on his trip to Taiwan for the Smart City Mayors Summit in De- cember, the U.S. Conference of Mayors meeting in January, and the Chamber of Com- merce delegation to Washington, DC. Connors also reported on the success of the Chamber of Commerce delegation. PUBLIC INPUT Chip Piekenbrock, 1155 Pamela Court, requested that the City Council consider completing the street work on the north portion of Ramona Street from Adeline Street to Bryant Street as it has been delayed for several years. City Manager Van Milligen add- ed that this project is included in the Fiscal Year 2013 Recommended budget and that Mr. Peikenbrock is welcome to attend the February 29 and March 7 budget hearings, which will relate to this item. There being no further business, upon motion the City Council adjourned at 8:19 p.m. /s /Kevin S. Firnstahl, City Clerk 27