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8 06 12 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in regular session at 6:30 p.m. on August 6, 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 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 Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE PROCLAMATION(S) Tour de Dubuque Ride for Hospice Day (August 18, 2012) was accepted by Gene Rouske, Kevin Vaassen, and Brian Meloccaro of Custom Riders, Inc. 2885 Davenport Street. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Resnick. Kelly Hingtgen, 3416 Foothill Road, re- quested No. 14 City Clerk's Salary Compensation be held for separate discussion. No. 18 Request to Accept Donation of 735 Caledonia Place was amended to correct a name change. No. 24 Tower Lease Agreement — Dubuque County 911 and Radio Dubuque was pulled from the agenda. Motion carried 7 -2. Minutes and Reports Submitted: Cable TV Commission of 6/6, City Council Proceed- ings of 7/16, Civic Center Advisory Commission of 3/5, Civil Service Commission of 7/12, Dubuque County Emergency Management Commission of 5/1, Historic Preserva- tion Commission of 7/19, Housing Commission of 6/26, Human Rights Commission of 6/18, Sister City Relationships Advisory Commission of 7/18, Zoning Advisory Commis- sion of 7/5, Proof of Publication for City Council Proceedings of 6/27 and 7/2. Upon mo- tion the documents were received and filed. Notice of Claims and Suits: Bill and Laura Merritt for vehicle damage, Jennifer Shel- don for property damage. Upon motion the documents were received, filed and referred to the City Attorney. Disposition of Claims: City Attorney advising that the following claims have been re- 1 ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Bill and Laura Merritt for vehicle damage, Jennifer Sheldon for property damage. Upon motion the documents were received, filed and concurred. Smarter Cities Pioneers: Correspondence from Janet Ang, Managing Director of IBM /Singapore, thanking Mayor Buol for his participation in the Evening with Smarter Cities Pioneers held July 3, 2012 in Singapore. Upon motion the document was re- ceived and filed. Bell Tower Theater: Correspondence from the Bell Tower Theater thanking the City Council for the 2013 Arts and Culture Grant award for Special Projects. Upon motion the document was received and filed. Civil Service Commission: Civil Service Commission submitting the certified lists for Golf Course Supervisor and Water Plant Operator. Upon motion the document was re- ceived, filed and made a Matter of Record. July 12, 2012 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Golf Course Supervisor was administered as a "take home" examination with a June 11, 2012 deadline. We hereby certify that the individuals listed below have passed this "take home" examination and the vacancy for this position should be made from this list and that this list is good for two (2) years from above date. Golf Course Supervisor Travis Dykstra Corey Goedken Tim Gallagher Gregg Mealiff Matthew Hancock Greg Wille Thomas Natzel Jason Barber Gerald Lange Robert Begey Michael Airoldi Katherine Eldrige- Hutton Steven St. James Respectfully Submitted, Daniel White, Chairperson Betty Takes Civil Service Commission July 3, 2012 Honorable Mayor and Members of the City Council In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Water Plant Operator was administered on June 12, 2012. We hereby certify that the individuals listed below have passed this written examination and the vacancy for this 2 position should be made from this list and that this list is good for two (2) years from above date. Water Plant Operator William Kass Jonathan JohII Steven Gerardy Blaine Telford Ann Everett Michael Atterberg Bret Stierman Manda Mattoon Rebecca Milum Larry Hoppman Justin Licht Jason Bickel Karl Steichen Garrett Sheldon Mary Sanders Adam Hermsen Richard Hebei Brian Cluff Ryan McTaggert Jerome Slusarksi Kevin Edwards Shaun Gilligan Eric Meyer Dan Guzzle Respectfully Submitted, Daniel White, Chairperson Betty Takes Civil Service Commission Cable TV Commission: Commissioner George Herrig submitting his resignation from the Cable TV Commission. Upon motion the document was received, filed and the res- ignation accepted. Community Development Advisory Commission: Commissioner Abbey Smith submit- ting her resignation from the Community Development Advisory Commission due to a change in residency. Upon motion the document was received, filed and the resignation accepted. 7th Street Retaining Wall Repair - Project Acceptance: City Manager recommending acceptance of the construction contract for the 7th Street Retaining Wall Reconstruction Project, as completed by Portzen Construction, Inc. Upon motion the documents were received and filed and Resolution No. 203 -12 Accepting the 7th Street Retaining Wall Reconstruction Project and authorizing the payment of the contract amount to the con- tractor was adopted. RESOLUTION NO. 203 -12 ACCEPTING THE 7th STREET RETAINING WALL RECONSTRUCTION PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CON- TRACTOR Whereas, the Public Improvement Contract for the 7th Street Retaining Wall Recon- struction Project (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. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 3 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 Curb & Catch Basin Replacements, Guardrail, Stone Retaining Walls and Sunset Ridge Sanitary appropriations for the contract amount of $426,576.72 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 6th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk City Engineer's Certificate of Final Completion of the 7th Street Retaining Wall Re- construction Project The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the 7th Street Retaining Wall Reconstruction Project, that the Project has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $463,005.56. Dated this 3rd day of August, 2012. /s /City Engineer Filed in the office of the City Clerk on the 3rd day of August, 2012. /s /Kevin S. Firnstahl, City Clerk Request for Proposals - 911 Center Needs Assessment: City Manager recommend- ing approval of the release of a Request for Proposal for the 911 Center Needs As- sessment. Upon motion the documents were received, filed, and approved. Dubuque Regional Airport T- Hangar Paving: City Manager recommending approval to transfer $3,100 in operating funds to the Dubuque Regional Airport T- Hangar Paving capital improvement project for the local 5% match in the event it is needed. Upon mo- tion the documents were received, filed, and approved. Mediacom: Correspondence from Lee Grassley, Senior Manager of Government Re- lation for Mediacom informing the City of rate adjustments to be implemented on or about September 1, 2012. Upon motion the document was received and filed. License Agreement - Stone Cliff Winery: City Manager recommending approval to renew the License Agreement with Stone Cliff Winery through August 31, 2015. Upon motion the documents were received, filed, and approved. City Clerk Salary Compensation: Fiscal Year 2012 City Clerk salary compensation submitted for approval. Motion by Braig to receive and file the document and approve. Seconded by Jones. Kelly Hingtgen, 3416 Foothill Road, questioned the salary increase as compared against the job posting and General Employees Wage Plan. Mayor Buol stated that Ms. Hingtgen would receive a written response. Motion carried 7 -0. 4 Dubuque Area Convention and Visitors Bureau: Dubuque Area Convention and Visi- tors Bureau (CVB) submitting the minutes from the CVB Advisory Board meeting of July 19, 2012. Upon motion the document was received and filed. Dubuque County Smart Planning Consortium Update: City Manager transmitting an update on the work of the Dubuque County Smart Planning Consortium on the draft Dubuque County Regional Smart Plan for sustainable development and upcoming pub- lic input meetings. Upon motion the documents were received and filed. Dubuque Jaycees / Radio Dubuque - 2013 Fireworks Request: Correspondence from Thomas Parsley, General Manager of Radio Dubuque, requesting permission to con- duct a fireworks display on Tuesday, July 3, 2013 from 9:00 p.m. to 10:30 p.m. on Vol- unteer Road between Hawthorne and Lime Streets with a rain date of July 4, 2013. Up- on motion the documents were received, filed, and approved. Request to Accept Donation of 735 Caledonia Place: City Manager recommending approval to accept the "as is" donation of 735 Caledonia Place from the James P. Lammers Estate, which will be used as an addition to Hilltop Park. Upon motion the documents were received, filed, and approved. Madison Street Retaining Wall Repair - Project Acceptance: City Manager is recom- mending acceptance of the construction contract for the Madison Street Retaining Wall Repair Project, as completed by McAuliffe Excavating, Inc. Upon motion the documents were received and filed and Resolution No. 204 -12 Accepting the Madison Street Re- taining Wall Repair Project and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 204 -12 ACCEPTING THE MADISON STREET RETAINING WALL REPAIR PROJECT AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CONTRAC- TOR Whereas, the Public Improvement Contract for the Madison Street Retaining Wall Repair Project (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. 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 Stone Retaining Walls appropriations for the contract amount of $71,359.20 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 6th day of August, 2012. Roy D. Buol, Mayor 5 Attest: Kevin S. Firnstahl, City Clerk Stipulation of Settlement - Property Tax Appeal: City Attorney recommending ap- proval of the Stipulation of Settlement for Oak Park Place, LLC for 2010 -2012 property tax appeals. Upon motion the documents were received, filed, and approved. Sister City Relationships Advisory Commission: Commissioner Jill Connors submit- ting her resignation from the Sister City Relationships Advisory Commission. Upon mo- tion the documents were received, filed and the resignation accepted. Project HOPE Core Committee: Correspondence from Eric Dregne, Vice President of Programs for the Community Foundation of Greater Dubuque, submitting the Project HOPE Core Committee meeting minutes of July 19, 2012. Upon motion the documents were received and filed. Purina Drive Weigh Scale House - Project Acceptance: City Manager recommending acceptance of the Purina Drive Weigh Scale House Project, as completed by Stumpf Construction. Upon motion the documents were received and filed and Resolution No. 205 -12 Accepting the Purina Drive Weigh Scale House Building Project and authorizing the payment of the final contract amount to the contractor was adopted. RESOLUTION NO. 205 -12 ACCEPTING THE PURINA DRIVE WEIGH SCALE HOUSE BUILDING PROJECT AND AUTHORIZING THE PAYMENT OF THE FINAL CONTRACT AMOUNT TO THE CONTRACTOR Whereas, the Public Improvement Contract for the Purina Drive Weigh Scale House Building Project (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. 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 the Contractor from the General Fund appropriation for the final contract amount $127,605.08 less any retained percentage provided for therein as provided in Iowa Code chapter 573, and to pay such retainage only in accordance with the provisions of Iowa Code chapter 573. Passed, approved and adopted this 6th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Tower Lease Agreement - Dubuque County 911 and Radio Dubuque, Inc.: City Man- ager recommending approval of a Tower Lease Agreement among the City of Dubuque, the Dubuque County Joint E911 Board and Radio Dubuque, Inc. to locate Emergency Communications radio and Police MCT radio equipment on the Radio Dubuque, Inc. 6 tower. (This item was removed from the agenda). 2012 Justice Assistance Grant (JAG) Application: City Manager recommending ap- proval of the 2012 Justice Assistance Grant (JAG) application. Upon motion the docu- ments were received, filed, and approved. InterCity Bus Grant Application: City Manager recommending approval to submit an application to the Iowa Department of Transportation Office of Public Transit for an In- terCity Bus Assistance Program grant to help with the build -out of the intercity bus por- tion of the Intermodal Center /Terminal. Upon motion the documents were received, filed, and approved. Beneficial Reuse Management, LLC - Handling Agreement: City Manager recom- mending approval of a storage and handling agreement with Beneficial Reuse Man- agement, LLC to store gypsoil in the industrial riverfront area. Upon motion the docu- ments were received, filed, and approved. Gavilon Grain, LLC - Salt Handling Contract: City Manager recommending approval of a salt handling contract with Gavilon Grain, LLC for the 2012 -2013 Season. Upon motion the documents were received, filed, and approved. Quarterly Investment Report: City Manager transmitting the June 30, 2012 Quarterly Investment Report. Upon motion the documents were received and filed. Request for Proposals - Dubuque Regional Airport Utilities Extension: City Manager recommending authorization to release a Request for Proposals for the design of the utility extensions to the Dubuque Regional Airport. Upon motion the documents were received, filed, and approved. Mentor Engineering, Inc. - Contract Amendment: City Manager recommending ap- proval of an amended contract with Mentor Engineering, Inc. for ITS equipment pur- chase and installation for The Jule. Upon motion the documents were received, filed, and approved. Improvement Contracts / Performance, Payment and Maintenance Bonds: Heiar Brothers Fencing contract for the Murphy Park Fencing Project. Upon motion the docu- ments were received and filed. Signed Contracts: Strand Associates Change Order No. 16 for the Water Pollution Control Plant Modifications Project, Ted Stackis Construction Quotation for the Fire Hy- drant Painting Program Phase II, Towing Services Contract Extension with Wenzel Towing. Upon motion the documents were received and filed. Alcohol License Applications: City Manager recommending approval of annual liquor, beer, and wine licenses applications as submitted. Upon motion the documents were received and filed and Resolution No. 206 -12 Approving applications for beer, liquor, 7 and /or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Busi- ness and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 206 -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. Holy Spirit Church Kwik Stop Food Mart Mandolin Inn, The National Mississippi River Museum & Aquarium Ron's Discount Smokes & Bev. Center # 1 Shannon's Bar & Grill Star Restaurant and Ultra Lounge Texas Roadhouse Bell Tower Productions The Lift Special Events American Legion Post #6 Clarke University Camp Albrecht Acres of the Midwest 2921 Central Ave. 2255 Kerper Blvd. 199 Loras Blvd. 350 E Third St. 3300 Asbury Rd. 521 E 22nd St. 600 Star Brewery Dr., Suite 200 845 Wacker Dr. 2728 Asbury Rd. 180 Main St. 1306 Delhi St. Right side of Kehl Center by tennis courts Alliant Amphitheatre - Port of Dubuque 8 Class C Beer (Sunday) Class C Beer, Class B Native Wine (Sunday) Class B Native Wine (Sunday) Class C Liquor (Catering) (Outdoor) (Sunday) Class C Beer, Class B Native Wine (Sunday) Class C Liquor (Sunday) Class C Liquor, Class B Wine (Car- ryout Wine) (Outdoor) (Catering) (Sunday) Class C Liquor (Outdoor) (Catering) (Sunday) Special Class C Liquor (Beer/Wine) (Sunday) Class C Liquor (Sunday) Class C Liquor (Outdoor) Class C Liquor (Outdoor) Special Class C Liquor (Beer/Wine) (Outdoor) Dubuque Jaycees, Inc. (Dubuque Bluegrass Fes- tival) Summer's Last Blast Dubuque Area Labor - Management Council Dubuque County Fine Arts Society A.Y. McDonald Park Town Clock Plaza Town Clock Plaza Voices From The Warehouse District Passed, approved and adopted this 6th day of August, 2012. Class B Beer, Class C Native Wine (On- Premise Native Wine)(Includes Wine Coolers)(Outdoor) (Sunday) Class B Beer (Outdoor) (Includes Wine Coolers) Class C Liquor (Outdoor) Special Class C Liquor (Beer/Wine) (Outdoor) (Sunday) Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS 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 Braig. Motion carried 7 -0 Downtown Urban Renewal District Amendment: City Manager recommending adop- tion of a Resolution of Necessity that begins the process of amending the Urban Re- newal Plan for the Greater Downtown Urban Renewal District to expand the District to include the area generally known as North Kerper Boulevard and that a public hearing on the proposed amendment be set for October 1, 2012. Upon motion the documents were received and filed and Resolution No. 207 -12 Resolution of Necessity finding that certain areas adjacent to the Greater Downtown Urban Renewal District meet the defini- tion of an Economic Development Area under the Urban Renewal Law, and that devel- opment of said areas is necessary in the interest of the residents of the City of Dubu- que, Iowa was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 1, 2012 in the Historic Federal Building. RESOLUTION NO. 207 -12 OF NECESSITY FINDING THAT CERTAIN AREAS ADJACENT TO THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT MEET THE DEFINITION OF AN ECO- NOMIC DEVELOPMENT AREA UNDER THE URBAN RENEWAL LAW, AND THAT DEVELOPMENT OF SAID AREAS IS NECESSARY IN THE INTEREST OF THE RES- IDENTS OF THE CITY OF DUBUQUE, IOWA. Whereas, the City Council of the City of Dubuque has heretofore approved the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District (the "District ") in order to provide redevelopment opportunities which will further the purposes and objectives of the foregoing Urban Renewal Plan; and Whereas, the City Council has found that certain areas adjacent to the District meet the definition of an economic development area as found in Chapter 403 "Urban Re- newal" of the Iowa Code; and Whereas, Chapter 403 of the Iowa Code requires that before urban renewal authority may be exercised, a City Council must adopt a resolution of necessity finding that the 9 area in question is a slum, blighted or economic development area, and that so desig- nating such area is necessary in the interest of the public health, safety or welfare of the residents of the municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the North Kerper Boulevard Sub -area generally described in Exhibit A to this Resolution, which is proposed to be added to the Greater Downtown Urban Re- newal District, is an economic development area as defined by Chapter 403 of the Iowa Code and is appropriate for an urban renewal project. Section 2. That the combination of the Greater Downtown and Quebecor Urban Re- newal Districts, under a single, comprehensive Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, and the development of such areas under said Amended and Restated Urban Renewal Plan, are necessary and ap- propriate to facilitate the proper growth and development of the community in accord- ance with sound planning and local community objectives. Section 3. That the City Manager is authorized and directed to prepare an Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to accomplish the foregoing purposes and objectives, to include in such Plan any appro- priate project activities and details, to forward said Plan to the City's Long Range Plan- ning Advisory Commission for review and comment, and to begin the consultation pro- cess required by law with affected taxing entities. Section 4. That the City Clerk is directed to publish notice of a public hearing on the adoption of the proposed Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District to be held on October 1, 2012 at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa 52001 and that said no- tice shall generally identify the areas covered by the Amended and Restated Plan, the areas proposed to be added to the District, and the general scope of the urban renewal activities planned for such areas, and that said notice shall be published and available to the public not less than four days nor more than twenty days before the date of said meeting. A copy of the notice of public hearing shall be sent by ordinary mail to the af- fected taxing entities. Section 5. That the City Clerk is further directed to send by ordinary mail a copy of said Plan and notice of public hearing to the Dubuque Community School District and the County Board of Supervisors, as the affected taxing entities. Passed, approved and adopted this 6th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk Sale of Property - 1777 Washington Street: City Manager recommends setting a pub- lic hearing be set for August 20, 2012, on the sale of 1777 Washington Street to Alberto Luna. Upon motion the documents were received and filed and Resolution No. 208 -12 Resolution of Intention to Dispose of City -owned property, specifically, Lot 2 of Lot 2 of the East'% of Lot 90; and Lot 1 of Lot 1 of the East 1/2 of Lot 91; in East Dubuque Addi- tion, in the City of Dubuque, Iowa, according to the recorded plat thereof - 1777 Wash- ington Street, was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 20, 2012 in the Historic Federal Building. 10 RESOLUTION NO. 208 -12 INTENTION TO DISPOSE OF CITY -OWNED PROPERTY, SPECIFICALLY, LOT 2 OF LOT 2 OF THE EAST 1/2 OF LOT 90; AND LOT 1 OF LOT 1 OF THE EAST ' /2 OF LOT 91; IN EAST DUBUQUE ADDITION, IN THE CITY OF DUBUQUE, IOWA, ACCORD- ING TO THE RECORDED PLAT THEREOF — 1777 WASHINGTON STREET Whereas, the City of Dubuque, implementing the Washington Neighborhood Revitali- zation Strategy, has acquired certain properties for the purpose of their rehabilitation and re -sale to income - qualifying owner - occupants; and Whereas, the Historic Washington Row Houses were acquired for this purpose; and Whereas, by accepting an offer to purchase for this property the City's objective for providing first -time home ownership to a qualifying buyer can be achieved. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, intends to dispose of its interest in the fol- lowing legally- described property: Lot 2 of Lot 2 of the East % of Lot 90; and Lot 1 of Lot 1 of the East % of Lot 91; in East Dubuque Addition. Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above - described real property to Alberto Luna, for the sum of $85 000. Section 3. That the City Clerk is hereby authorized and directed to cause this Resolu- tion and a notice to be published as prescribed by Iowa Code Section 364.7 for a public hearing on the City's intent to dispose of the above - described property, to be held on August 20, 2012, at 6:30 pm at the Federal Building, 350 West 6t St., Dubuque, Iowa. Passed, approved and adopted this 6th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Sale of Property - 2312 Washington Street: City Manager recommending setting a public hearing for August 20, 2012, on the sale of 2312 Washington Street to Judie E. Root. Upon motion the documents were received and filed and Resolution No. 209 -12 Resolution of intention to dispose of City -owned property, Lot 1 Bee Branch Sub. No. 4, in the City of Dubuque, Iowa according to the recorded plat thereof - 2312 Washington Street, was adopted ssetting a public hearing for a meeting to commence at 6:30 p.m. on August 20, 2012 in the Historic Federal Building. RESOLUTION NO. 209 -12 INTENTION TO DISPOSE OF CITY -OWNED PROPERTY, LOT 1 BEE BRANCH SUB. NO. 4, IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF — 2312 WASHINGTON STREET Whereas, the City of Dubuque, has acquired certain real properties in connection with the Bee Branch Creek Re- Alignment Project; and Whereas, THE City has received an offer to purchase this property from Judie E. Root; and Whereas, by accepting an offer to purchase for this property the City's objective for providing homeownership to a qualifying buyer can be realized. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 11 DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, intends to dispose of its interest in the fol- lowing legally- described property: "Lot 1 Bee Branch Sub. No. 4 in the City of Dubuque, Iowa, according to the recorded plat thereof." Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above - described real property to Judie E. Root, for the sum of $75 000. Section 3. That the City Clerk is hereby authorized and directed to cause this Resolu- tion and a notice to be published as prescribed by Iowa Code Section 364.7 for a public hearing on the City's intent to dispose of the above - described property, to be held on 20th day of August, 2012, at 6:30 pm at the Federal Building, 650 West Locust, Dubu- que, Iowa. Passed, approved and adopted this 6th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Vacating Petition - 2500 Kerper Blvd.: City Manager recommending approval of a re- quest to vacate a portion of Kerper Blvd abutting Key City Plating at 2500 Kerper Blvd. for a purchase price of $3,915, plus platting, publication and filing fees, and recom- mends that a public hearing be set for August 20, 2012, on the disposal of this property. Upon motion the documents were received and filed and Resolution No. 210 -12 Ap- proving a plat of the proposed vacating of a portion of Kerper Boulevard; and Resolution No. 211 -12 Resolution of intent to vacate and dispose of city interest in a portion of Kerper Boulevard, to be known as Lot 2A of McGraw -Hill Key City Plating Re -Plat in the City of Dubuque, Dubuque, County, Iowa were adopted setting a public hearing for a meeting to commence at 6:30 p.m. on August 20, 2012 in the Historic Federal Building. RESOLUTION NO. 210 -12 APPROVING A PLAT OF THE PROPOSED VACATING OF A PORTION OF KERPER BOULEVARD Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated July 23, 2012 prepared by Schneider Land Surveying & Planning, Inc., de- scribing a proposed vacated portion of Kerper Boulevard to be known as Lot 2A of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Dubuque, County, Iowa; and Whereas, said plat conforms to the laws and statutes pertaining thereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the plat dated July 23, 2012 prepared by Schneider Land Surveying & Planning Inc., relative to the real estate hereinabove described be and the same is hereby approved, and the Mayor and City Clerk be and they are hereby authorized and directed to execute said plat for and on behalf of the City of Dubuque, Iowa. Section 2. The City of Dubuque reserves unto itself a perpetual easement including the right of ingress and egress thereto, for the purpose of erecting, installing, construct- ing, reconstructing, repairing, owning, operating, and maintaining a storm sewer, as may be authorized by the City of Dubuque, Iowa as shown on the plat of Lot 2A of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Dubuque, County, Iowa 12 Section 3. That the City Clerk be and is hereby authorized and directed to file said plat and certified copy of this resolution in the office of the Recorder in and for Dubuque County, Iowa. Passed, approved and adopted this 6th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 211 -12 INTENT TO VACATE AND DISPOSE OF CITY INTEREST IN A PORTION OF KERPER BOULEVARD, TO BE KNOWN AS LOT 2A OF MCGRAW -HILL KEY CITY PLATING REPLAT IN THE CITY OF DUBUQUE, DUBUQUE, COUNTY, IOWA Whereas, Rich Conlon has requested the vacating and disposal of a portion of Kerper Boulevard; and Whereas, Schneider Land Surveying & Planning, Inc. has prepared and submitted to the City Council a plat showing a proposed vacated portion of Kerper Boulevard and assigned a lot number thereto, which hereinafter shall be known and described as Lot 2A of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Dubuque, County, Iowa 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 City of Dubuque intends to vacate and dispose of its interest in Lot 2A of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Dubuque, Coun- ty, Iowa. Section 2. That the conveyance of Lot 2A of McGraw -Hill, Key City Plating Replat in the City of Dubuque, Dubuque, County, Iowa to Rick Conlon, L.L.C. be contingent upon the payment of $3915.00, plus platting, publication, and filing fees. Section 3. That the City Clerk be and is hereby authorized and directed to cause a notice of intent to vacate and dispose of said real estate to be published in the manner as prescribed by law. Passed, approved and adopted this 6th day of August, 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; applicant appointments will be made at the next City Council meeting. Airport Commission: One 4 -year term through September 14, 2016 (Expiring term of Wagner). Applicants: Amy Wagner, 4555 Camelot Dr.; Robert J. Blocker, 880 Kane St. Mr. Blocker spoke in support of his appointment. Historic Preservation Commission: Three 3 -year terms: One Architect At -Large term (vacant term of Wand effective September 1, 2012) through July 1, 2014; One At -Large term (expired term of Krueger) through July 1, 2015; One Cathedral District term (va- cant interim term of Krey) through July 1, 2014. Applicants: Otto Krueger, 2521 Wheat- land Drive (qualifies for At -Large or Interim Cathedral District); Julie Schlarman, 1599 13 Bluff St. (qualifies for At -Large or Interim Cathedral District); Benjamin Beard, 1854 Churchill St. (qualifies for all three positions). Ms. Schlarman, Mr. Beard, and Ms. Monk spoke in support of their respective appointments. Housing Commission: Three 3 -year terms through August 17, 2015 (Expiring terms of Culbertson and Holz and vacant term of Ronek). Applicants: Dorothy Culbertson, 2095 University Ave.; Anna S. Fernandes, 2191 Broadlawn Rd.; Jim Holz, 3010 Indiana Court PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. 5 Points Signal Reconstruction Project Rebid: Proof of publication on notice of public hearing to consider approval of the plans and specifications, form of contract and esti- mated cost for the 5 Points Traffic Signal Reconstruction Project and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 212 -12 Approval of plans, specifications, form of contract, and es- timated cost for the 5 Points Traffic Signal Reconstruction Project — Rebid. Seconded by Lynch. Connors expressed concerns to Traffic Engineer Dave Ness about increased traffic on Elm Street approaching the 5 Points intersection resulting from redevelopment of the Historic Millwork District. Motion carried 7 -0. RESOLUTION NO. 212 -12 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE 5 POINTS TRAFFIC SIGNAL RECONSTRUCTION PROJECT - REBID NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, form of contract and estimated cost for the 5 Points Traffic Signal Reconstruction Project, in the estimated amount $180,215.30, are hereby approved. Passed, adopted and approved this 6th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ARC Transfer Center Phase I Project: Proof of publication on notice of public hearing to consider the approval of the plans, specifications, form of contract and the estimated cost for the ARC Transfer Center Phase I Canopy — 2012 Project and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 213 -12 Approval of plans, specifications, form of contract, and es- timated cost for the ARC Transfer Center Phase I Canopy - 2012 Project. Seconded by Braig. Motion carried 7 -0. 14 RESOLUTION NO. 213 -12 ARC TRANSFER CENTER PHASE I CANOPY — 2012 PROJECT APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST FOR THE ARC TRANSFER CENTER PHASE I CANOPY — 2012 PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNICL OF THE CITY OF DUBUQUE, IOWA: The proposed plans, specifications, form of contract and estimated cost for the ARC Transfer Center Phase I Canopy - 2012 Project, in the estimated amount of $223,516, are hereby approved and ordered filed in the office of the City Clerk for public inspec- tion. Passed, adopted and approved this 6th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS Automated Traffic Enforcement (Second Reading): City Manager recommending ap- proval of Automated Traffic Enforcement for the City of Dubuque. Mayor Buol read from a prepared statement. Motion by Braig to table indefinitely a proposed ordinance amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic by adding a New Chapter 17 Au- tomatic Traffic Enforcement, Providing for Automatic Traffic Enforcement and Establish- ing Penalties for Violations. Seconded by Jones. Responding to questions from City Council, City Attorney Lindahl stated that while this item is tabled to a date uncertain, a Council Member may request that it be brought back before the Council at any time. Motion carried 7 -0. Meter District Amendment - Historic Millwork District: City Manager recommending approval of an ordinance expanding the Downtown Meter District to include White Street from 5th Street to 11th Street on both sides, 8th Street both sides White Street to Washington, 9th Street both sides White Street to Elm Street, 10th Street both sides from White Street to Elm Street, 11th Street both sides from White Street to Elm Street, Jack- son Street both sides from 8th Street to 11th Street, and Washington Street both sides from 8th Street to 11th Street. 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 Braig. Mo- tion failed 5 -2 with Lynch and Sutton voting nay. Motion by Connors to consider the first reading of a proposed ordinance amending City of Dubuque Code of Ordinances Title 9 Motor Vehicles and Traffic, Chapter 14 Parking, Section 9 -14- 321.666 Municipal Parking Meter District Established by Expand- ing the Downtown Meter District. Seconded by Braig. Motion carried 5 -2 with Lynch and Sutton voting nay. 15 Request for Proposals - Financial Advisor: City Manager recommending approval of Piper Jaffray for financial advisor services for City of Dubuque in connection with issuing bonds for future projects, bond refundings, and debt capacity, debt structuring and cashflow analysis. Motion by Connors to receive and file and approve the recommenda- tion. Seconded by Braig. Responding to questions from City Council, Budget Director Jenny Larson stated that the City's previous financial advisor was PFM whose contract expired in May. Motion carried 7 -0. Iowa Economic Development Authority (IEDA) and Rousselot, Inc. Contract: City Manager recommending approval of the submission of a Financial Assistance Applica- tion to the Iowa Economic Development Authority (IEDA) on behalf of Rousselot, Inc. Motion by Jones to receive and file the documents and adopt Resolution No. 214 -12 Authorizing the filing of an application for state financial assistance on behalf of Rousselot, Inc. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 214 -12 AUTHORIZING THE FILING OF AN APPLICATION FOR STATE FINANCIAL ASSIS- TANCE ON BEHALF OF ROUSSELOT, INC. Whereas, Rousselot, Inc. has proposed a $16 million expansion of its Dubuque facili- ty; and Whereas, the City Council of Dubuque, Iowa has considered said proposal and has determined that the proposed project will contribute to the local economy through the creation of 10 additional jobs; and Whereas, the Iowa Economic Development Authority's Financial Assistance Program was designed to assist in the economic development efforts of local jurisdictions; and Whereas, the City of Dubuque, Iowa is eligible to apply for funding from the Iowa Economic Development Authority's Financial Assistance Program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the filing of an application for participation in the Iowa Economic De- velopment Authority's Financial Assistance Program on behalf of Rousselot, Inc. is hereby approved. Section 2. That a ten year tax increment financing local match identified in the appli- cation will be provided, subject to approval by the Iowa Economic Development Authori- ty and further action by the City Council. Section 3. That the Mayor is hereby authorized to execute and the City Manager is hereby directed to submit said application to the Iowa Economic Development Authority together with such documents as may be required. Passed, approved, and adopted this 6th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Intermodal Transportation Design Award: City Manager recommending authorization to contract with Neumann Monson for the final design and for construction oversight of the Intermodal Transportation Campus. This item was removed from the agenda. 16 REAP Annual Plan, Representative, and Grant Application: City Manager recom- mending approval of the City of Dubuque's Fiscal Year 2013 update to the Dubuque County Resource Enhancement and Protection (REAP) Plan and grant application for development of the E.B. Lyons Interpretive Area Addition at the Mines of Spain. Motion by Connors to receive and file the documents and adopt Resolution No. 215 -12 Author- izing REAP grant application to the Iowa Department of Natural Resources for E. B. Ly- ons Interpretive Area Addition at the Mines of Spain. Seconded by Jones. Motion car- ried 7 -0. RESOLUTION NO. 215 -12 AUTHORIZING REAP GRANT APPLICATION TO THE IOWA DEPARTMENT OF NATURAL RESOURCES FOR DEVELOPMENT OF E. B. LYONS INTERPRETIVE AREA ADDITION AT THE MINES OF SPAIN Whereas, the Iowa Department of Natural Resources (IDNR) has allocated grant funds in the REAP (Resource Enhancement and Protection) Program for the develop- ment of recreational areas; and Whereas, the City of Dubuque 2008 Comprehensive Plan includes an objective for expansion of the E.B. Lyons Interpretive Area and the Mines of Spain. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign and the Planning Services Manag- er is hereby authorized to submit an application to the IDNR for REAP funds for devel- opment of the E. B. Lyons Interpretive Area Addition at the Mines of Spain. Section 2. That in the event said application is approved, the City Council hereby provides its written assurance that the completed project will be adequately maintained for its intended use in accordance with state requirements. Passed, approved and adopted this 6th day of August, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Mullen Road Name Change: Citizen correspondence related to changing the spelling of Mullen Road to Mullin Road. Motion by Jones to receive and file the documents and proceed with changing the name and street signs. Seconded by Lynch. Motion carried 7 -0. PUBLIC INPUT Mike Heitz, 2891 North Ridge Road; Laura Bies, 17136 Cedar Cross Road; and Shane Duggan, 2005, Simpson Street, each spoke in support of updating the current skate park at McAleece Park and adding more parks around the city. They believed that the current park is outdated and unsafe and should be updated with technology which has improved since the park opened. They asked that the expense be considered in the upcoming budget process and Council goal setting. Leo Broughton, Tour Dubuque, 195 Main Street, provided information on Tour Dubu- que's green form of Trikke transportation asking that it be considered for use by other 17 entities in the City including government. There being no further business, upon motion the City Council adjourned at 7:27 p.m. Kevin S. Firnstahl, CMC City Clerk 18