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10 01 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 October 1, 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 City Council. PLEDGE OF ALLEGIANCE MOMENT OF SILENCE May the spirit of wisdom keep our hearts and minds open as we endeavor to serve the common good. PROCLAMATIONS Crop Walk Day (October 7, 2012) was accepted by Dorothy Krayer, 1205 Park Street. Trick -or -Treat Night (October 31, 2012) was accepted by Mayor Buol; Arts and Humanities Month (October 2012) was accepted by Arts Commission Chair Marina O'Rourke, 2084 Mullin Road; Make a Will Month (October 2012) was accepted by Library Director Susan Henricks and Make a Will Month Committee Member Joan Ness. PRESENTATION(S) Iowa American Public Works Award - Historic Millwork District: Civil Engineer II Jon Dienst presented the American Public Works Association (APWA), Iowa Chapter, Pro- ject of the Year Award in Transportation for the Historic Millwork District Complete Streets Project. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Braig. Motion carried 7 -0. Minutes and Reports Submitted: City Council proceedings of 9/17; Housing Code Board of Appeals of 6/19; Housing Commission of 8/28; Sister City Relationships Advi- sory Commission of 9/5; Transit Advisory Board of 9/13; Proof of Publication for City Council proceedings of 8/28, 8/29, and 9/4. Upon motion the documents were received and filed. Notice of Claims and Suits: Dubuque Hose and Hydraulic for property damage; Janice Even for vehicle damage; Cindy Hedley for property damage; Frank Vlach, III, for vehicle 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- ferred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities As- surance Pool: Dubuque Hose and Hydraulics for property damage, Cindy Hedley for property damage. Upon motion the documents were received, filed and concurred. Iowa Great River Road Corridor Management Plan: City Manager recommending ap- proval of a $1,000 financial contribution to support the redevelopment of the Corridor Management Plan for the Iowa Great River Road. Upon motion the documents were re- ceived, filed and approved. Smart Planning Consortium Update: City Manager transmitting an update on the work of the Dubuque County Smart Planning Consortium on eight draft chapters of the Dubuque County Regional Smart Plan for sustainable development and upcoming pub- lic input meetings. Upon motion the documents were received and filed. Circles Initiative Grant Application: City Manager recommending approval of the grant applications for the Community Impact Grant and the Theisen's More for Your Commu- nity Grant for the Circles Initiative, as submitted to the Community Foundation of Great- er Dubuque. Upon motion the documents were received, filed and approved. East Central Iowa Intergovernmental Agency (ECIA) - Management Contract Amendment: City Manager recommending approval of an Amendment to the Manage- ment Agreement between the City of Dubuque and East Central Intergovernmental As- sociation to reflect the addition of the Urban Mobility Coordinator position. Upon motion the documents were received, filed and approved. Federal Emergency Management Agency (FEMA) - Buy -Out Program Demolition Bidding: City Manager recommending approval of the bid specifications and demolition agreement to allow re- bidding for the demolition of the flood damaged property at 1654 Manson Road. Upon motion the documents were received, filed and approved. Hillcrest Family Services - Murphy Park Agreement: City Manager recommending approval of an agreement with Hillcrest Family Services for use of Murphy Park from October 30th through January 10th to set up a holiday light display. Upon motion the documents were received, filed and approved. Eleventh Street Stair and Handrailing Repair Project Acceptance: City Manager rec- ommending acceptance of the public improvements for the 11th Street Stair and Hand- rail Repair Project, as completed by Drew Cook & Sons Excavating. Upon motion the documents were received and filed and Resolution No. 263 -12 Accepting the 11th Street Stair and Handrailing Repair Project, and authorizing the payment of the contract amount to the contractor was adopted. RESOLUTION NO. 263 -12 ACCEPTING THE 11TH STREET STAIR AND HANDRAILING REPAIR PROJECT, AND AUTHORIZING THE PAYMENT OF THE CONTRACT AMOUNT TO THE CON- TRACTOR Whereas, the Public Improvement Contract for the 11TH Street Stair and Handrailing 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; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The recommendation of the City Engineer is approved and the Project is hereby accepted. Section 2. The Finance Director is hereby directed to pay to the Contractor from the Steps, Railing, Fencing CIP appropriation for the contract amount of $20,462.84 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 1st day of October, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk CITY ENGINEER'S CERTIFICATE OF FINAL COMPLETION OF THE 11TH STREET STAIR AND HANDRAILING REPAIR PROJECT The undersigned City Engineer of the City of Dubuque, Iowa, hereby certifies that he has inspected the, that the 11TH Street Stair and Handrailing Repair Project, has been performed in compliance with the terms of the Public Improvement Contract, and that the total cost of the completed work is $20,462.84. Dated this 26th day of September, 2012. /s /Gus Psihoyos, City Engineer Filed in the office of the City Clerk on the 26th day of September, 2012. /s /Kevin S. Firnstahl, CMC, City Clerk Drainage Basin Master Plan Update: City Manager recommending approval to enter into a professional services agreement with HDR Engineering to update the Drainage Basin Master Plan to include current and planned undertakings. Upon motion the doc- uments were received, filed and approved. Iowa DOT Title VI Assurances and Nondiscrimination Agreement: City Manager rec- ommending approval of the Title VI Assurances and Title VI Nondiscrimination Agree- ment between the Iowa Department of Transportation (IDOT) and the City of Dubuque related to local projects that are eligible for federal aid funding, and appointing City En- gineer Gus Psihoyos as the Title VI Coordinator. Upon motion the documents were re- ceived, filed and approved. Environmental Stewardship Advisory Commission: Commissioner Gayle Walter sub- mitting her resignation from the Environmental Stewardship Advisory Commission. Up- on motion the documents were received, filed and the resignation accepted. Civil Service Commission: Civil Service Commission submitting the certified lists for the positions of Cashier and Confidential Account Clerk. Upon motion the documents were received, filed and made a Matter of Record. August 27, 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 Cashier was administered on August 7, 2012. We hereby certify that the individuals listed below have passed this written 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. Cashier Vickie Wilwert Amanda Bickel Kate Schwager Jessica Fitzgibbons Alicia LeGrand Rob Onken Alessandra Engels Kathy Lent Tricia Tranel Sherry Driscoll Ellen Ernst Jennifer Long Amy Sieverding Kyleen Thill Benjamin Hansen Gail McMahon Cheryl Pregler Christine Selchert Annette Arnold Matthew Houselog Anne Link Michelle Monner Rifat Sufi Honorable Mayor and Members of the City Council Joseph Gonzalez Kris Erickson Karen Behnke Paula Hardin Bryan Oldaker Angela Weltzin Carrie Hannan Matthew Stagman Maggie Brenner Sarah Dunne Jennifer Haile Marilyn Mulligan Mandy Splinter Julie DeMoss Thomas Jarrard Meggan Miller Daniel Sedgwick Janelle Wilwert Ashley Buchholtz Brenda Lewis Gloria Luckey Sara Sroka Lynne Wagner Respectfully submitted, Dan White, Chairman Betty Takes Civil Service Commission August 27, 2012 In accordance with Chapter 400 of the Code of Iowa, an examination for the position of Confidential Account Clerk — Parking Division was administered on August 1, 2012. We hereby certify that the individuals listed below have passed this written 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. Confidential Account Clerk — Parking Division Grace Mendez Jason Cauley James Meisenburg Jeffrey Zapf Gail McMahon Joseph Gonzalez Monica Kilgore Connie Meyer Danielle Bockenstedt Jane Glennon Kathleen Reekie Tricia Tranel Anne Ernst Shelley Atchison Kathryn Hannan Amanda Bickel Abagail Butcher Kris Erickson Jennifer Beecher Sherry Driscoll Amber Gulick Melissa Hillebrand Kathy Lent Cheryl Pregler Gina Hodgsen Marsha Rauch Juanita Soppe Casie Trimble Heather Claussen Dave Hanson Molly Meloy Connie Mueller Jessica Oberbroeckling Melissa Ware Gloria Luckey Kathryn Rupp Rifat Sufi Angela Weltzin Janelle Wilwert Kate Schwager Mandy Splinter Lynne Wagner Sara Winner Respectfully submitted, Dan White, Chairman Betty Takes Civil Service Commission Catfish Creek Watershed Management Plan - Grant Application: City Manager rec- ommending submittal of a grant application to the Iowa Department of Natural Re- sources for the Catfish Creek Watershed Management Plan. Upon motion the docu- ments were received and filed and Resolution No. 264 -12 Authorizing grant application to Iowa Department of Natural Resources for creation of a Watershed Plan for the Cat- fish Creek Watershed Management Authority was adopted. RESOLUTION NO. 264 -12 AUTHORIZING GRANT APPLICATION TO IOWA DEPARTMENT OF NATURAL RE- SOURCES FOR CREATION OF A WATERSHED PLAN FOR THE CATFISH CREEK WATERSHED MANAGEMENT AUTHORITY Whereas, the Iowa Department of Natural Resources has grant funds for creation of watershed plans for watershed management authorities; and Whereas, the City of Dubuque has signed the 28E agreement forming the Catfish Creek Watershed Management Authority that includes an objective for creation of a wa- tershed plan for the Authority. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Planning Services Manager hereby is authorized to sign and the City Engineer is hereby authorized to submit an application to the Iowa Department of Natu- ral Resources for "Developing a Smarter Watershed Plan for the Catfish Creek Water- shed". 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 1st day of October 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk St. Mary's Condominiums - Housing Enterprise Zone Agreement: City Manager rec- ommending approval of the Housing Enterprise Zone Program Agreement for St. Mary's Condominiums, LLC for redevelopment of the former St. Mary's School Building located at 1501 Jackson Street into 10 multi - family housing units. Upon motion the documents were received and filed and Resolution No. 265 -12 Approving a Housing Enterprise Zone Program Agreement by and among the Iowa Economic Development Authority, the City of Dubuque and St. Mary's Condominiums, LLC was adopted. RESOLUTION NO. 265 -12 APPROVING A HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT BY AND AMONG THE IOWA ECONOMIC DEVELOPMENT AUTHORITY, THE CITY OF DUBUQUE AND ST MARY'S CONDOMINIUMS, LLC Whereas, the City of Dubuque has established two Enterprise Zones and an Enter- prise Zone Commission; and Whereas, the Enterprise Zone Commission on July 5, 2012 approved the application of St. Mary's Condominiums, LLC for Housing Enterprise Zone benefits; and Whereas, St. Mary's Condominiums, LLC application was approved by the Iowa Economic Development Authority on July 9, 2012; and Whereas, the Iowa Economic Development Authority has prepared and submitted for City Council approval an agreement relating to Housing Enterprise Zone benefits for St. Mary's Condominiums, LLC, a copy of which is attached hereto and by this reference made a part hereof; and Whereas, the City Council finds that the proposed agreement is acceptable and nec- essary to the growth and development of the city. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Iowa Economic Development Authority Housing Enterprise Zone Program Agreement, Number 13 -HEZ -001, is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Agree- ment on behalf of the City of Dubuque and forward the executed copy to the Iowa Eco- nomic Development Authority for their approval. Passed, approved and adopted this lst day of October, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Dubuque Convention and Visitors Bureau: Keith Rahe, President of the Dubuque Convention and Visitors Bureau (CVB) submitting information from the September 20, 2012 CVB Advisory Board meeting. Upon motion the documents were received and filed. Request for Proposals - 5th and Bluff Street Public Restroom Design: City Manager recommending approval of the Request for Proposals for the 5th and Bluff Street Public Restroom Project Design. Upon motion the documents were received, filed and ap- proved. Alcohol License Renewals: City Manager recommending approval of annual liquor, beer, and wine licenses as submitted. Upon motion the documents were received and filed and Resolution No. 266 -12 Approving applications for beer, liquor, and /or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and Li- cense Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits was adopted. RESOLUTION NO. 266 -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. Aldi, Inc. #30 Carlos O'Kelly's Mexican Cafe Hy -Vee Gas #2 Dubuque Angie's Bar RENEWALS 2160 Holliday Dr. 1355 Associates Dr. 2435 NW Arterial 1401 Elm St. Class C Beer, Class B Wine (Carryout Wine) (Sunday) Class C Liquor (Sunday) (Catering) Class C Beer (Sunday) Class C Liquor (Sunday) Denny's Lux Club Grand River Center Hilton Garden Inn / Houlihan Restaurant The Copper Kettle, Inc. The District Bar 3050 Asbury Rd. 500 Bell St. 1795 Greyhound Park Dr NEW 2987 Jackson St. 1700 Central Ave. Class C Liquor (Sunday) Class C Liquor (Sunday) (Catering) Class B Liquor (Ho- tel /Motel) (Sunday) (Out- door) Class C Liquor, Class B Native Wine, (Carryout Wine) (Catering) (Living Quarters) (Outdoor) (Sun- day) Class C Liquor (Brew Pub) SPECIAL EVENT Knicker's Saloon 2186 Central Adding Outdoor 10 -13 -20 Passed, approved and adopted this 1st day of October, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Jones 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 Resnick. Motion carried 7 -0. General Obligation Bonds Series 2012E: City Manager recommending that a public hearing be set for October 15, 2012, on the proposition of selling not to exceed $700,000 in General Obligation Bonds, the proceeds of which will be used to pay costs of projects in the City budget previously approved by the City Council. Upon motion the documents were received and filed and Resolution No. 267 -12 Fixing date for a meeting on the proposition of the issuance of not to exceed $700,000 of General Obligation Bonds, Series 2012E (for General Corporate Purposes) and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 15, 2012 in the Historic Federal Building. RESOLUTION NO. 267 -12 FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $700,000 OF GENERAL OBLIGATION BONDS, SERIES 2012E (FOR GENERAL CORPORATE PURPOSES) AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa, is in need of funds to carry out general corpo- rate purpose projects as hereinafter described; and, it is deemed necessary that it should issue General Obligation Bonds, Series 2012E, to the amount of not to exceed $700,000 as authorized by Section 384.26 of the Code of Iowa, for the purpose of providing funds to pay costs thereof; and Whereas, the City has a population of more than 5,000, but not more than 75,000, and the amount of the proposed bond issue is not more than $700,000; and Whereas, before the bonds may be issued, it is necessary to comply with the provi- sions of Chapter 384 of the Code of Iowa, and to publish a notice of the proposal to is- sue such bonds and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the 15th day of October, 2012, for the purpose of taking action on the matter of the issuance of not to exceed $700,000 of General Obligation Bonds, Series 2012E, the proceeds of which bonds will be used to provide funds to pay costs of the acquisition, construction, reconstruction, enlargement, improvement, and equipping of community center houses, recreation grounds, recrea- tion buildings, juvenile playgrounds, swimming pools, recreation centers, parks, and golf courses, and the acquisition of real estate therefor, including the Granger Creek Trail, Creek Wood Park, Westbrook Park Phase II, roof replacement at McAleece Park, Park Maintenance Headquarters improvements and, Veteran's Memorial 32nd storage; and the construction, reconstruction, enlargement, improvement, and equipping of libraries, including Library exterior repairs, renovation and repair and replacement of windows; and any other purpose which is necessary for the operation of the City or the health and welfare of its citizens, including the acquisition and installation of Marshall School play- ground equipment and shall bear interest at a rate not exceeding the maximum speci- fied in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting in a legal newspaper, printed wholly in the English lan- guage, published at least once weekly, and having general circulation in the City. The publication to be not less than ten clear days before the date of the public meeting on the issuance of the bonds. Section 3. The notice of the proposed action to issue bonds shall be in substantially the [provided] form: Passed and approved this 1st day of October, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Essential Corporate Purpose General Obligation Bonds Series 2012E: City Manager recommending that a public hearing be set for October 15, 2012 on the proposition of selling not to exceed $4,000,000 in General Obligation Bonds, the proceeds of which will be used to pay costs of projects in the City budget previously approved by the City Council. Upon motion the documents were received and filed and Resolution No. 268- 12 Fixing date for a meeting on the proposition of the issuance of not to exceed $4,000,000 General Obligation Bonds, Series 2012E, (for Essential Corporate Purpos- es) of the City of Dubuque, Iowa, and providing for publication of notice thereof was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 15, 2012 in the Historic Federal Building. RESOLUTION NO. 268 -12 FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $4,000,000 GENERAL OBLIGATION BONDS, SERIES 2012E, (FOR ESSENTIAL CORPORATE PURPOSES) OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa, should issue General Obligation Bonds, Series 2012E, to the amount of not to exceed $4,000,000, as authorized by Section 384.25, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out essential corporate purpose projects as hereinafter described; and Whereas, before the bonds may be issued, it is necessary to comply with the provi- sions of the Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and /or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the 15th day of October, 2012, for the purpose of taking action on the matter of the issuance of not to exceed $4,000,000 General Obligation Bonds, Series 2012E, for essential corporate purposes of the City, the proceeds of which bonds will be used to provide funds to pay costs of the opening, widening, extending, grading, and draining of the right -of -way of streets, highways and avenues, the construction, reconstruction, and repairing of any street improvements, the acquisition, installation, and repair of traffic control devices and the acquisition of real estate needed for any of the foregoing purposes; the acquisition, construction, recon- struction, extension, improvement, and equipping of works and facilities useful for the collection, treatment, and disposal of sewage and industrial waste in a sanitary manner, for the collection and disposal of solid waste, and for the collection and disposal of sur- face waters and streams, including the 7th Street Storm Sewer, and sanitary forcemain repairs; the rehabilitation and improvement of parks already owned, including the re- moval, replacement and planting of trees in the parks, and facilities, equipment, and im- provements commonly found in City parks, including improvements for Comiskey Park and Flora Park; the acquisition, construction, reconstruction, improvement, repair, and equipping of waterworks, water mains, and extensions, and real and personal property, useful for providing potable water to residents of a City, including annual water main re- placement, water main extensions, Green Alley water mains and fittings and Airport wa- ter main; and the acquisition of peace officer communication equipment and other emergency services communication equipment and systems, including po- lice /emergency /public safety communication software. Section 2. To the extent any of the projects or activities described in this resolution may be reasonably construed to be included in more than one classification under Divi- sion III of the City Code of Iowa, the Council hereby elects the "essential corporate pur- pose" classification and procedure with respect to each such project or activity, pursuant to Section 384.28 of the City Code of Iowa. Section 3. That the Clerk is hereby directed to cause at least one publication to be made of a notice of the meeting, in a legal newspaper, printed wholly in the English lan- guage, published at least once weekly, and having general circulation in the City. The publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the bonds. Section 4. The notice of the proposed action to issue the bonds shall be in substan- tially the [provided] form. Passed and approved this 1st day of October, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk General Obligation Urban Renewal Bonds: City Manager recommending that a public hearing be set for October 15, 2012, on the proposition of selling not to exceed $12,000,000 in General Obligation Urban Renewal Bonds, the proceeds of which will be used to fund urban renewal projects in the City budget previously approved by the City Council. Upon motion the documents were received and filed and Resolution No. 269- 12 Fixing date for a meeting on the proposition of the issuance of not to exceed $12,000,000 General Obligation Urban Renewal Bonds (for Urban Renewal Purposes) of the City of Dubuque, Iowa, and providing for publication of notice thereof was adopt- ed setting a public hearing for a meeting to commence at 6:30 p.m. on October 15, 2012 in the Historic Federal Building. RESOLUTION NO. 269 -12 FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $12,000,000 GENERAL OBLIGATION URBAN RENEWAL BONDS (FOR URBAN RENEWAL PURPOSES) OF THE CITY OF DUBUQUE, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF Whereas, it is deemed necessary and advisable that the City of Dubuque, Iowa, should issue General Obligation Urban Renewal Bonds, to the amount of not to exceed $12,000,000, as authorized by Sections 384.24(3) (q), 384.25 and 403.12, of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out urban re- newal purpose projects as hereinafter described; and Whereas, before the bonds may be issued, it is necessary to comply with the provi- sions of the Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and /or written objections from any resident or property owner of the City to such action and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the 15th day of October, 2012, for the purpose of taking action on the matter of the issuance of not to exceed $12,000,000 General Obligation Urban Renewal Bonds, for urban renewal purposes of the City, the proceeds of which bonds will be used to provide funds to pay costs of aiding in the planning, undertaking, and carrying out of urban renewal projects under the authority of chapter 403, including Downtown Rehabilitation Grants, Downtown Rehabilitation Fi- nancial Consultant Grants, the Washington Neighborhood Business Loan Pool, a gen- erator, air conditioning improvements, electrical improvements, ice decking, and a pow- er factor correction device for the Mystique Community Ice Center, Downtown housing business incentives, ADA assistance, Historic District improvements, Industrial Park land acquisitions consultant costs, rail platform - Intermodal Facility, the Multicultural Family Center, a 5th & Bluff ADA restroom, McAleece Park sidewalks, and those costs associated with the repair, reconstruction and improvement of City parking ramps, and the refunding and refinancing of outstanding City indebtedness, including the General Obligation Urban Renewal Bonds, Taxable Series 2005C, the General Obligation Urban Renewal Bonds, Series 2006B, the General Obligation Refunding Bonds, Series 2006C, and the General Obligation Bonds, Series 2007B, issued for such purposes to achieve savings and facilitate the use of committed private parking arrangements in connection with future downtown development projects, and all of the purposes set out in Section 403.12. However, bonds issued for these purposes are subject to the right of petition for an election as provided in Section 384.26, without limitation on the amount of the bond issue or the size of the City, and the Council shall include notice of the right of petition in the notice required under Section 384.25, subsection 2. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. To the extent any of the projects or activities described in this resolution may be reasonably construed to be included in more than one classification under Divi- sion III of the City Code of Iowa, the Council hereby elects the "urban renewal purpose" classification and procedure with respect to each such project or activity, pursuant to Section 384.28 of the City Code of Iowa. The Council will issue bonds to fund the pro- jects or activities described in this resolution in multiple series, as appropriate. Section 4. The notice of the proposed action to issue the bonds shall be in substan- tially the [provided] form: Passed and approved this 1st day of October, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Bowling & Beyond, Inc. - Termination of Leases: City Manager recommending that a public hearing be set for October 15, 2012, to consider the proposed agreement to ter- minate leases with Bowling & Beyond Dubuque, Inc. Upon motion the documents were received and filed and Resolution No. 270 -12 Setting date for public hearing on the proposition of approving an agreement to terminate leases with Bowling & Beyond Dubuque, Inc. for a building located in the newly amended Greater Downtown Urban Renewal District and to approve payment for such agreement to Bowling & Beyond Dubuque, Inc., was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on October 15, 2012 in the Historic Federal Building. RESOLUTION NO. 270 -12 SETTING DATE FOR PUBLIC HEARING ON THE PROPOSITION OF APPROVING AN AGREEMENT TO TERMINATE LEASES WITH BOWLING & BEYOND DUBU- QUE, INC. FOR A BUILDING LOCATED IN THE NEWLY AMENDED GREATER DOWNTOWN URBAN RENEWAL DISTRICT AND TO APPROVE PAYMENT FOR SUCH AGREEMENT TO BOWLING & BEYOND DUBUQUE, INC. Whereas, the City Council, by Resolution No. 207 -12, dated August 6, 2012 declared its intent to amend the Greater Downtown Urban Renewal District; and Whereas, it is the determination of the City Council, by Resolution No. 271 -12, dated October 1, 2012, that the Greater Downtown Urban Renewal District be expanded and amended to provide opportunities for further redevelopment and reinvestment in the downtown area; and Whereas, the City of Dubuque ( "City ") has previously entered into a long term lease with Bowling & Beyond Dubuque, Inc. ( "Bowling ") for a property located at 1860 Haw- thorne Street, in the newly expanded Greater Downtown Urban Renewal District (the "Property "); and Whereas, it is the determination of the City Council that terminating that lease and regaining possession of the Property for redevelopment and reinvestment, in exchange for certain payments to be made by the City to Bowling, is in the public interest of the City of Dubuque; and Whereas, under a proposed Agreement to Terminate Leases (the "Agreement ") be- tween the City and Bowling, consideration for termination of the leases will be in the ag- gregate amount of $1,000,000.00, beginning with a payment of $50,000.00 at closing and $50,000.00 without interest on the anniversary date of the closing each year there- after, continuing until the City has made twenty (20) such payments for a total of $1,000,000.00; and Whereas, pursuant to Iowa Code Sections 384.24A, 384.24(3) (q) and 384.25, it is appropriate that a public hearing be held on the proposed Agreement between the Cit- yand Bowling, such hearing to be held on October 15, 2012 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa, and that notice thereof be pub- lished. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The City Clerk is authorized and directed to cause publication of a notice of the public hearing to be made at least once in a legal newspaper of general circula- tion published at least once weekly within the City, said publication to be at least ten (10) clear days prior to the date of the public hearing, which hearing is hereby sched- uled to be held on October 15, 2012 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa. Section 2. The notice of the public hearing shall be in substantially the [provided] form: Passed, approved and adopted this 1st day of October, 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: Arts and Cultural Affairs Advisory Commission: One 3 -Year term through June 30, 2015 (Vacant term of King). *Business Professional Living/Working within the Cultural District. Applicants: Mary Bridget Corken, 469 Emmett St. Apt 26; Tom Farley, 491 W 4th St.; Gina Siegert, 405 Southern Ave. Mr. Farley spoke in support of his appointment. Housing Commission: One 3 -Year term through September 8, 2015 (Vacant term of Kepler). Applicant: Patricia Foster, 3565 Lunar Dr. Housing Trust Fund Advisory Committee: One 3 -Year term through September 8, 2015 (Expiring term of Hingtgen). Applicant: Doris Hingtgen, 309 Hill St. Ms. Hingtgen spoke in support of her appointment. Safe Community Advisory Committee: One 1 -Year term through December 31, 2012 (Vacant term of Elkins). Applicant: Christopher J. Welch, 164 Main St. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. Amended and Restated Urban Renewal Plan Greater Downtown UR District: Proof of publication on notice of public hearing to consider adoption of the Amended and Re- stated Urban Renewal Plan for the Greater Downtown Urban Renewal District to sup- port reinvestment efforts in the district and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 271 -12 Approving the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District. Seconded by Jones. Motion carried 7 -0. RESOLUTION NO. 271 -12 APPROVING THE AMENDED AND RESTATED URBAN RENEWAL PLAN FOR THE GREATER DOWNTOWN URBAN RENEWAL DISTRICT Whereas, on August 6, 2012 the City Council of the City of Dubuque, Iowa authorized the preparation of an Amended and Restated Urban Renewal Plan (the "Plan ") for the Greater Downtown Urban Renewal District (the "District "); and Whereas, the City of Dubuque's primary objective in amending this Plan is to provide opportunities for further redevelopment and reinvestment in the downtown; and Whereas, the Long Range Planning Commission has reviewed the proposed Plan and has found that said document is consistent with the Comprehensive Plan for the development of the City of Dubuque as a whole and has transmitted its findings to the City Council; and Whereas, a consultation process has been undertaken with affected taxing entities in accordance with Chapter 403 of the Code of Iowa with no written objections or recom- mended changes to the Plan received; and Whereas, the City Council, in accordance with Chapter 403 of the Code of Iowa, has held a public hearing on the proposed amended and restated Plan after public notice thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Amended and Restated Urban Renewal Plan for the Greater Downtown Urban Renewal District, on file in the City Clerk's Office and made reference to herein, be approved. Section 2. That the City Clerk of the City of Dubuque, Iowa is hereby authorized and directed to file a certified copy of the Resolution in the office of the Dubuque County Recorder. Passed, approved and adopted this 1st day of October, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk General Obligation Refunding Bonds Series 2012G: Proof of publication on notice of public hearing to approve the suggested proceedings for the public hearing on the issu- ance of General Obligation Bonds and approval of a "Resolution Instituting Proceedings to Take Additional Action for the Issuance of Not to Exceed $950,000 General Obliga- tion Bonds, Series 2012G and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 272 -12 Instituting proceedings to take additional action for the issuance of not to exceed $950,000 Gen- eral Obligation Refunding Bonds, Series 2012G. Seconded by Jones. Motion carried 7- 0. RESOLUTION NO. 272 -12 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSU- ANCE OF NOT TO EXCEED $950,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012G Whereas, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the issuance of not to exceed $950,000 General Obligation Refunding Bonds, Series 2012G, for the essential corporate purpose of paying costs of refunding and refinancing of certain out- standing City indebtedness, including the General Obligation Bonds, Series 2002C, dated December 1, 2002, and has considered the extent of objections received from residents or property owners as to the proposed issuance of bonds; and, accordingly the following action is now considered to be in the best interests of the City and resi- dents thereof; Whereas, pursuant to Section 384.28 of the Code of Iowa, it is appropriate to offer the foregoing Bonds for sale, in the aggregate principal amount as hereinafter de- scribed; and Whereas, a preliminary form of Official Statement has been prepared for the purpose of offering the Bonds for sale to the public; and Whereas, it is appropriate that the form of the preliminary Official Statement be ap- proved and deemed final and, upon completion of the same, that the preliminary Official Statement be used in connection with the offering of the Bonds for sale to the public; and Whereas, the Council has received information from its financial advisor recommend- ing that sealed and electronic facsimile and Internet bidding be authorized for the sale of the Bonds, and that such procedures will maintain the integrity and security of the com- petitive bidding process and facilitate the delivery of bids by interested parties; and Whereas, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of sealed and electronic fac- simile and Internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this Council does hereby institute proceedings and take additional ac- tion for the sale and issuance in the manner required by law of not to exceed $950,000 General Obligation Refunding Bonds, Series 2012G, for the foregoing essential corpo- rate purpose. Section 2. The receipt of electronic bids by facsimile machine and through the PARI- TY7 competitive bidding system described in the Official Statement are hereby found and determined to provide reasonable security and to maintain the integrity of the com- petitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering of the Bonds at public sale. Section 3. That the preliminary Official Statement in the form presented to this meet- ing be and the same hereby is approved as to form and deemed final for purposes of Rule 15c2 -12 of the Securities and Exchange Commission, subject to such revisions, corrections or modifications as the Finance Director, upon the advice of bond counsel and the City's financial advisor, shall determine to be appropriate, and is authorized to be distributed thereafter in connection with the offering of the Bonds for sale. Passed and approved this 1st day of October, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Port of Dubuque - Watermain Extension Project: Proof of publication on notice of public hearing to consider the approval of plans, specifications, form of contract and es- timated cost for the Port of Dubuque Watermain Extension Project and the City Manag- er recommending approval. Motion by Lynch to receive and file the documents and adopt Resolution No. 273 -12 Approval of plans, specifications, form of contract, and es- timated cost for the Port of Dubuque Watermain Extension Project. Seconded by Jones. Motion carried 7 -0. RESOLUTION NO. 273 -12 APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMAT- ED COST FOR THE PORT OF DUBUQUE WATERMAIN EXTENSION PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: That the proposed plans, specifications, and form of contract now on file in the Office of the City Clerk and estimated cost for the Port of Dubuque Watermain Extension Pro- ject, in the estimated amount $153,000.00, are hereby approved. Passed, adopted and approved this 1st day of October, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Request to Vacate — Peosta Street (Giese Companies): Proof of publication on notice of public hearing to consider a request by Giese Companies to vacate a portion of Pe- osta Street abutting their property at 2125 Kerper Blvd. and the City Manager recom- mending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 274 -12 Vacating a portion of Peosta Street to be known as Lot A of Giese Subdivision in the City of Dubuque, Iowa; and Resolution No. 275 -12 Disposing of City interest in Lot A of Giese Subdivision in the City of Dubuque, Dubuque County, Iowa. Seconded by Jones. Motion carried 7 -0. RESOLUTION NO. 274 -12 VACATING A PORTION OF PEOSTA STREET TO BE KNOWN AS LOT A OF GIESE SUBDIVISION IN THE CITY OF DUBUQUE, IOWA Whereas, Giese Company, L.L.P. has requested the vacating of a portion of Peosta St. abutting Lot 2 of Giese Subdivison in the City of Dubuque, Dubuque County, Iowa; and Whereas, there has been presented to the City Council of the City of Dubuque, Iowa, a plat dated the 7th day September, 2012, prepared by IIW, P.C. describing the pro- posed vacated portion of Peosta St. abutting Lot 2 of Giese Company, L.L.P.; and 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 21st day of September, 2012, the City Council of the City of Dubuque, Iowa met on the 17th day of September, 2012, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the request to vacate; and Whereas, the City Council of the City of Dubuque, Iowa, has determined that the pro- posed vacated portion of Peosta Street abutting Lot 2 of Giese Subdivision to be known as Lot A Giese Subdivision in the City of Dubuque, Iowa, should be approved. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the real estate described as Lot A of Giese Subdivision in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby vacated. 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 and sanitary storm sewers as may be authorized by the City of Dubuque, Iowa, as shown on the plat of survey of Lot A of Giese Subdivision. Passed, approved and adopted this 1st day of October, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk RESOLUTION NO. 275 -12 DISPOSING OF CITY INTEREST IN LOT A OF GIESE SUBDIVISION IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA 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 21st day of September, 2012, the City Council of the City of Dubuque, Iowa met on the 17th day of September, 2012, at 6:30 p.m. in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Dubuque County, Iowa to consider the proposal for the sale of real estate described as: Lot A of Giese Subdivision in the City of Dubuque, Dubuque County, Iowa; and Whereas, the City Council of the City of Dubuque, Iowa overruled any and all objec- tions, oral or written to the proposal to sell such real estate, except for easement as noted. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the sale of City of Dubuque real property described as Lot A of Giese Subdivision in the City of Dubuque, Dubuque County, Iowa, to Giese Company, L.L.P. be and the same is hereby approved for the sum of $1540.00 plus the cost of platting, publication, and filing fees. Conveyance shall be by Quit Claim Deed. 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 and sanitary storm sewers as may be authorized by the City of Dubuque, Iowa. Section 3. That the Mayor be authorized and directed to execute a Quit Claim Deed, and the City Clerk be and is hereby authorized and directed to deliver said deed of con- veyance to Giese Company, L.L.P. upon receipt of the purchase price in full. Section 4. That the City Clerk be and is hereby authorized and directed to record a certified copy of this resolution in the offices of the City Assessor, Dubuque County Re- corder and Dubuque County Auditor. Passed, approved and adopted this 1st day of October, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Upon motion the rules were reinstated limiting discussion to the City Council. ACTION ITEMS International City /County Managers Association (ICMA) Climate Change Fellowship: ICMA Climate Change Fellow Greg Bruce from Townsville, Queensland, Australia, re- ported on his activities and global connections regarding Sustainable Dubuque and sus - tainability since his exchange to Dubuque, in October 2011. Motion by Connors to re- ceive and file the information. Seconded by Resnick. Motion carried 7 -0. Grand River Center Floor Settlement Project Award: City Manager recommending that the improvement contract for the Grand River Center Floor Settlement Remediation project be awarded to Hayward Baker, Inc. Motion by Connors to receive and file the documents and adopt Resolution No. 276 -12 Awarding the public improvement contract for the Grand River Center Floor Settlement Repair Project. Seconded by Resnick. Mo- tion carried 7 -0. RESOLUTION NO. 276 -12 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE GRAND RIVER CEN- TER FLOOR SETTLEMENT REPAIR PROJECT Whereas, sealed proposals have been submitted by contractors for the Grand River Center Floor Settlement Repair Project (the Project) pursuant to Resolution No. 237 -12 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 7th day of September, 2012, and Whereas, said sealed proposals were opened and read on the 20th day of Septem- ber, 2012 and it has been determined that Hayward Baker, Inc. of Roselle, Illinois with a bid proposal in the amount of $250,500.00, is the responsive, responsible bidder for the Project, and Whereas, the Hayward Baker, Inc. remediation proposal provides a more technical and comprehensive approach for both long -term settlement control and improving the existing slab -on -grade conditions on site in the short -term, and Whereas, it has been determined that it is in the best interest of the City of Dubuque to enter into an improvement contract with Hayward Baker, Inc. for said 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 Hayward Baker, Inc. 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 1st day of October, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Clemons et al. vs. City of Dubuque and Brian Wullweber: City Attorney submitting settlement information on Clemons et al. vs. City of Dubuque and Brian Wullweber. Mo- tion by Jones to receive and file the documents and defer to ICAP's assessment of the Clemons et al. vs. City of Dubuque and Brian Wullweber case and refrain from objecting to the settlement. Seconded by Lynch. Motion carried 7 -0. COUNCIL MEMBER REPORTS Council Member Connors reported on the death of Jim Michalski, former Council Member Ann Michalski's husband, and commented on how he exemplified the good cit- izen. Council Member Resnick reported on the retirement of area band leader Jerry Accola who is known for recreating the sound of the Eddy Howard Orchestra. Council Member Lynch reported on the 175th anniversary celebration of the Dubu- que Police Department, which he attended as Mayor Pro Tem. There being no further business, upon motion the City Council adjourned at 7:32 p.m. /s /Kevin S. Firnstahl, CMC City Clerk