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10 15 12 City Council Proceedings Official_RegularCITY OF DUBUQUE, IOWA CITY COUNCIL PROCEEDINGS REGULAR SESSION OFFICIAL The Dubuque City Council met in reg9ular session at 6:30 p.m. on October 15, 2012 in the Historic Federal Building, 350 W. 6� 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. PROCLAMATION(S) White Cane Safety Day (October 15, 2012) was accepted by Mayor Buol; Make a Difference Day (October 27, 2012) was accepted by Tom Stove! of Operation New View and Laura Roussel) of Black Hills Energy; DollarWise Month (October 2012). Accepted by Mayor Buol; Veterans Appreciation Month (November 2012) was accepted by Mayor Buol. CONSENT ITEMS Motion by Lynch to receive and file the documents, adopt the resolutions, and dis- pose of as indicated. Seconded by Connors. Motion carried 7 -0. Minutes and Reports Submitted: Arts and Cultural Affairs Advisory Commission of 8/28, Cable TV Commission of 9/5, City Council Proceedings of 10/1, Proofs of Publica- tion for City Council Proceedings of 9/17 and 9/24. Upon motion the documents were received and filed. Notice of Claims and Suits: Jennifer Cooper for loss of income, Archie Ralston for vehicle damage, Cynthia Thomas for personal injury, Top Block & Brick for materials supplied. Upon motion the documents were received, filed and referred to the City At- torney. Disposition of Claims: Jennifer Cooper for lost income, Janice Even for vehicle dam- age, Cynthia Thomas for personal injury. Upon motion the documents were received, filed and concurred. 1 Government Finance Officers Association (GFOA): Correspondence from Govern- ment Finance Officers Association (GFOA) awarding the City of Dubuque the Distin- guished Budget Presentation Award for the Fiscal Year 2013 Annual Budget and a Cer- tificate of Recognition to Budget Director Jennifer Larson for having achieved this award. Upon motion the documents were received and filed. Iowa Department of Public Health: Correspondence from State Public Health Dental Director Bob Russell advising that the City has been awarded the 2011 Water Fluorida- tion Quality Award by the Centers for Disease Control and the U.S. Department of Health and Human Services. Upon motion the documents were received and filed. Preservation Iowa - 2012 Preservation at Its Best Awards: Press release announcing that the City of Dubuque has received two 2012 Preservation at Its Best awards for the Historic Millwork District Complete Streets Project and a shared award for the rehabilita- tion of the Washington Neighborhood Rowhouses located at 1765 -1795 Washington Street. Upon motion the documents were received and filed. Iowa Supreme Court Advisory Committee on Rules of Civil Procedure: Correspond- ence from Iowa Chief Justice Mark S. Cady advising that City Attorney Barry Lindahl has been appointed as a co -chair to the Supreme Court Advisory Committee on Rules of Civil Procedure. Upon motion the document was received and filed. Dubuque Food Co -op - Letter of Support: City Manager submitting a Letter of Sup- port for the Dubuque Food Co -op and its development in the Historic Millwork District. Upon motion the documents were received, filed and approved. Multicultural Family Center Annual Report: City Manager transmitting the 2011 -2012 Annual Report for the Multicultural Family Center. Upon motion the documents were re- ceived and filed. Partial Release of Mortgages - 2264 Washington Street: City Manager recommend- ing approval of the release of mortgages held by the City of Dubuque on the easterly 27 feet of the Jayson D. Eichman property located at 2264 Washington Street. Upon mo- tion the documents were received and filed and Resolution No. 277 -12 Releasing cer- tain mortgages on Lot 2 Bee Branch Subdivision No. 8, in the City of Dubuque, Dubu- que County, Iowa, was adopted. RESOLUTION NO. 277 -12 RELEASING CERTAIN MORTGAGES ON LOT 2 BEE BRANCH SUBDIVISION NO. 8, IN THE CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA Whereas, certain mortgages were filed on property owned by Jayson D. Eichman le- gally described as Lot 2 of Lot 103 of L.H. Langworthy's Addition in the City of Dubuque, Iowa as part of the Lead Paint Hazard Reduction Program and Homeowner Rehabilita- tion Loan Program and; Whereas, a portion of Lot 2 of Lot 103 of L.H. Langworthy's Addition is being ac- quired for construction of Bee Branch Creek Restoration Improvements which has been platted as Lot 2 Bee Branch Subdivision No. 8 in the City of Dubuque, Dubuque County, Iowa; and Whereas, mortgages recorded as file numbers 2008 - 14052, 2008 -15550 and 2009- 2 11160 in the Office of the Dubuque County Recorder will remain on the balance of the property owned by Jayson D. Eichman. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the releases of mortgages by the City of Dubuque in real property described as Lot 2 Bee Branch Subdivision No. 8 in the City of Dubuque, Dubuque County, Iowa, be and the same is hereby approved. Section 2. That the Mayor be authorized and directed to execute the Releases of Mortgage and 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 15th day of October, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Safe Routes to School Project (SRTS) - Rejection of Bid: City Manager recommend- ing approval to reject the one competitive bid received for the Safe Routes to School Project due to lack of City funding to cover the required local match costs. Upon motion the documents were received and filed and Resolution No. 278 -12 Rejecting all compet- itive bid proposals received for the Safe Routes to School Project, Iowa DOT Project No. SRTS -U -2100 (663) -8U -31 was adopted. RESOLUTION NO. 278 -12 REJECTING ALL COMPETITIVE BID PROPOSALS RECEIVED FOR THE SAFE ROUTES TO SCHOOL PROJECT, IOWA DOT PROJECT NO. SRTS -U -2100 (663) — 8U -31 Whereas, competitive sealed bid proposals have been submitted by contractors for the Safe Routes to School Project SRTS -U -2100 (663) — 8U -31, (the Project); and Whereas, said competitive sealed bid proposals for the Project were opened and read by the Iowa Department of Transportation on the 18th day of September, 2012; and Whereas, the City Council has deemed it advisable to reject all competitive bid pro- posals for the Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. All of the bid proposals for the Project are hereby rejected. Passed, approved and adopted this 15th day of October, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk PEG Capital Expenditure Request: City Manager recommending approval of the Ca- ble TV Commission recommendations for funding from the Public, Educational, and Government (PEG) Capital Grant for Access Equipment and Facilities up to $10,000 for the City of Dubuque to purchase two tapeless solid -state video cameras to produce programming for CityChannel Dubuque. Upon motion the documents were received, filed and approved. Iowa Economic Development Authority (IEDA): Communications from the Iowa Eco- nomic Development Authority (IEDA) informing the City of 1) Amendment No. 2 to the Community Development Block Grant Program Contract No. 08- DRIFWP -203; and 2) 3 that the IEDA intends to amend its Community Development Block Grant (CDBG) Con- tract 08- DRIF -WP -203 with the City by adding a Supplemental CDBG award for water- shed planning. Upon motion the documents were received, filed and referred to the City Manager. U.S. Economic Development Administration (EDA): Correspondence from Robert Ol- son, Regional Director for the U.S. Economic Development Administration (EDA) advis- ing the City that its application for the Bee Branch Disaster Resiliency Project has been selected through EDA's competitive application review process for further consideration for funding. Upon motion the documents were received, filed and referred to the City Manager. Sustainable Strategies DC / Ferguson Group - Contract Renewal: City Manager rec- ommending that the City continue the contract with Sustainable Strategies DC and the Ferguson Group through December 2012, to review and provide strategic advice on grant writing as it pertains to alternative funding sources for City projects and initiatives. Upon motion the documents were received, filed and approved. Human Rights Commission: Commissioner Judie Root submitting her resignation to the Human Rights Commission. Upon motion the documents were received, filed and the resignation accepted. Confidential Account Clerk: City Manager recommending approval of the elimination of the vacant Head Ramp Cashier position and the creation of one additional Confiden- tial Account Clerk position in the Parking Division. Upon motion the documents were re- ceived, filed and approved. Improvement Contracts / Performance, Payment and Maintenance Bonds: Drew Cook & Sons contract for the SEP Green Alley Project (17th -18th between Jackson & White Streets and 16th -17th between Jackson and Washington Streets); Klauer Con- struction contract for the Historic White Water Creek Bridge Restoration Project Phase 4 Wood Decking. Upon motion the documents were received, filed and approved. Alcohol and Tobacco License Applications: City Manager recommending approval of annual liquor, beer, wine and tobacco licenses as submitted. Upon motion the docu- ments were received and filed and Resolution No. 279 -12 Approving applications for beer, liquor, and /or wine permits, as required by City of Dubuque Code of Ordinances Title 4 Business and License Regulations, Chapter 2 Liquor Control, Article B Liquor, Beer and Wine Licenses and Permits; and Resolution No. 280 -12 Approving applica- tions for retail cigarette /tobacco sales permits, as required by Iowa Code 453A.47A were adopted. RESOLUTION NO. 279 -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- 4 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. Renewals Big 10 Mart Car Wash 1875 J.F.K. Rd. Class C Beer (Sunday) Crust Italian Kitchen and Bar 299 Main St. Class C Liquor, Class B Wine (Car- ryout Wine) (Sunday) (Outdoor) (Cater- ing) Happy Joe's Old Fashioned Ice Cream & Pizza Parlor 855 Century Dr. Class B Beer (Sunday) (Includes Wine Coolers) Huhot Mongolian Grill 555 J.F. K Rd. #685 Special Class C Liquor (Sunday) (Beer/Wine) Jumpers Sports Bar & Grill 2600 Dodge St. Class C Liquor (Sunday) (Outdoor) Kwik Stop 4110 Dodge St. Class C Beer, Class B Native Wine (Sunday) Loras College - Athleticand Wellness Center 1600 Cox Street Class C Liquor (Sunday) (Catering) Target Store T -0086 3500 Dodge St. Class E Liquor, Class B Wine (Car- ryout Wine) Class C Beer (Carryout Beer) (Sunday) Europa Haus Restaurant and Bierstube 1301 Rhomberg Class C Liquor (Catering) Friendly Locust Mart 408 West Locust St. Class C Beer (Sunday) L. May 1072 Main Class C Liquor (Sunday) (Outdoor) (Catering) Manna Java World Cafe 700 Locust St. Class C Liquor (Sunday) Rainbow Lounge 36 W 4th St. Class C Liquor (Sunday) The Bank Bar and Grille 342 Main St. Class C Liquor (Sunday) (Outdoor) Dog House Lounge 1646 Asbury Rd. Class C Liquor (Sunday) (Outdoor) Fiesta Cancun Authentic Mexican Restaurant 2515 -1 NW Arterial Class C Liquor (Sunday) (Outdoor) Grand Tap The 802 Central Class C Liquor (Sunday) Name Change Only The District Bar now Club Heat 1700 Central Ave Class C Liquor Passed, approved and adopted this 15th day of October, 2012. Attest: Kevin S. Firnstahl, City Clerk 5 Roy D. Buol, Mayor RESOLUTION NO. 280 -12 APPROVING APPLICATIONS FOR RETAIL CIGARETTE /TOBACCO SALES PER- MITS, AS REQUIRED BY IOWA CODE 453A.47A Whereas, applications for Cigarette /Tobacco Sales have been submitted and filed with the City Council for approval and the same have been examined and approved; 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 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 locations for cigarette /tobacco sales permit. Monks Kaffee Pub 373 Bluff St. Dubuque, IA. 52001 Passed, approved and adopted this 15th day of October, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk ITEMS TO BE SET FOR PUBLIC HEARING Motion by Lynch to receive and file the documents, adopt the resolutions, set the public hearings as indicated, and direct the City Clerk to publish notice as prescribed by law. Seconded by Jones. Motion carried 7 -0. Request for Bid - ARC Transfer Center Phase I Project: City Manager recommending initiation of the bidding process for the construction of the ARC Transfer Center Phase I Project, and further recommends that a public hearing be set for November 5, 2012. Upon motion the documents were received and filed and Resolution No. 281 -12 Prelim- inary approval of plans, specifications, form of contract, and estimated cost; setting date of public hearing on plans, specifications, form of contract, and estimated cost; and or- dering the advertisement for bids (ARC Transfer Center Phase I Canopy - 2012 Project) was adopted setting a public hearing for a meeting to commence at 6:30 p.m. on No- vember 5, 2012 in the Historic Federal Building. RESOLUTION NO. 281 -12 ARC TRANSFER CENTER PHASE I CANOPY — 2012 PROJECT PRELIMARY AP- PROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON PLANS, SPECIFICATOINS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVER- TISEMENT FOR BIDS 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 preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 5th day of November, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may appear and 6 be heard for or against the proposed plans and specifications, form of contract and es- timated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four (4) days nor more than twenty (20) days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed plans, specifications, form of contract, or estimated cost of the Project. The ARC Transfer Center Phase I Canopy - 2012 Project is hereby ordered to be ad- vertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice of Bidders hereby approved. The City Clerk is hereby directed to advertise for bids for the construction of the im- provements herein provided, by publishing the attached Notice to Bidders to be pub- lished in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four (4) but not more forty -five (45) days before the date for filing bids before 2:00 p.m. on the 20th day of November, 2012. Bids shall be opened and read by the City Clerk at said time and will be submitted to the City Council for final action at 6:30 p.m. on the 3rd day of December, 2012, in the Historic Federal Building Council Chambers (second floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 15th day of October, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Sale of Property - 2513 -2515 White Street: City Manager recommending that a public hearing be set for November 5, 2012, to consider the sale of city -owned property at 2513 -2515 White Street to James Ferring. Upon motion the documents were received and filed and Resolution No. 282 -12 Resolution of Intention to dispose of City -owned property, specifically, Northerly 35 feet of the Westerly 170 feet of Lot 227 in Davis Farm, a part of Dubuque, in the City of Dubuque, County of Dubuque, Iowa, according to the recorded plat thereof, 2513 -2515 White Street was adopted setting a public hear- ing for a meeting to commence at 6:30 p.m. on November 5, 2012 in the Historic Feder- al Building. RESOLUTION NO. 282 -12 A RESOLUTION OF INTENTION TO DISPOSE OF CITY -OWNED PROPERTY, SPE- CIFICALLY, NORTHERLY 35 FEET OF THE WESTERLY 170 FEET OF LOT 227 IN DAVIS FARM, A PART OF DUBUQUE, IN THE CITY OF DUBUQUE, COUNTY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF, 2513 -2515 WHITE STREET Whereas, the City of Dubuque has obtained certain real property for purpose of its rehabilitation and re -sale for owner - occupied housing; and Whereas, the City received an offer to purchase this property from a first -time home - buyer; and Whereas, such purpose supports the Neighborhood Stabilization Program and Wash- ington Neighborhood Revitalization strategy as approved by the City Council; and Whereas, by accepting the selected offer the City's objectives of providing first -time homeownership to an income qualified buyer and rehabilitation of a vacated home can be realized; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 7 DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, intends to dispose of its interest in the fol- lowing legally- described property: Northerly 35 Feet of the Westerly 170 Feet of Lot 227 in Davis Farm, a part of Dubu- que, in the City of Dubuque, County of Dubuque, Iowa Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above described real estate to James Ferring for the sum of $86,000. 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 of a public hearing on the City's intent to dispose of the foregoing- described Property, to be held on the 5th day of November, 2012, at 6:30 o'clock p.m. at the Historic Federal Building, 350 West Locust, Dubuque, Iowa. Passed, approved and adopted this 15th day of October, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Well Field Electrical Upgrades Project: City Manager recommending initiation of the bidding process for the Well Field Electrical Upgrades Project and further recommends that a public hearing be set for November 5, 2012, to approve the plans and specifica- tions. Upon motion the documents were received and filed and Resolution No. 283 -12 Preliminary approval of the specifications, form of contract, and estimated cost; setting date of public hearing on the specifications, form of contract, and estimated cost; and ordering the advertisement for bids (Well Field Electrical Upgrades Project) was adopt- ed setting a public hearing for a meeting to commence at 6:30 p.m. on November 5, 2012 in the Historic Federal Building. RESOLUTION NO. 283 -12 WELL FIELD ELECTRICAL UPGRADES PROJECT PRELIMINARY APPROVAL OF THE SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; SETTING DATE OF PUBLIC HEARING ON THE SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATED COST; AND ORDERING THE ADVERTISEMENT FOR BIDS NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The proposed specifications, form of contract and estimated cost for the construction cost for the project to replace the well field electrical conductors are hereby preliminarily approved and ordered filed in the office of the City Clerk for public inspection. A public hearing will be held on the 5th day of November, 2012, at 6:30 p.m. in the Historic Federal Building Council Chambers at which time interested persons may ap- pear and be heard for or against the proposed specifications, form of contract and esti- mated cost of said Project, and the City Clerk be and is hereby directed to cause the attached notice of the time and place of such hearing to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four days nor more than twenty days prior to the date of such hearing. At the hearing, any interested person may appear and file objections to the proposed spec- ifications, form of contract, or estimated cost of the Project. The Well Field Electrical Upgrades project is hereby ordered to be advertised for bids for construction. The amount of the security to accompany each bid shall be in an amount which shall conform to the provisions of the Notice to Bidders hereby approved. 8 The City Clerk is hereby directed to advertise for bids for the improvements herein provided, by publishing the attached Notice to Bidders to be published in a newspaper having general circulation in the City of Dubuque, Iowa, which notice shall be published not less than four but not more than forty -five days before the date for filing bids before 10:00 a.m. on the 8th day of November, 2012. Bids shall be opened and read by the City Clerk at 10:00 a.m. and will be submitted to the City Council for final action at the public hearing at 6:30 p.m. on the 19th day of November, 2012, in the Historic Federal Building Council Chambers (Second Floor), 350 West 6th Street, Dubuque, Iowa. Passed, adopted and approved this 15th day of October, 2012. Roy D. Buol, Mayor Attest: Kevin Firnstahl, City Clerk BOARDS /COMMISSIONS Appointments were made to the following Boards /Commissions: Arts and Cultural Affairs Advisory Commission: One 3 -Year term through June 30, 2015 (Vacant term of King), Business Professional District requirement. Applicants: Mary Bridget Corken, 469 Emmett St. Apt. 26; Tom Farley, 491 W 4th St.; and Gina Siegert, 405 Southern Ave. Upon roll -call vote (Lynch, Sutton, Braig and Buol voting for Siegert; Jones, Resnick and Connors voting for Farley) Gina Siegert was appointed to the Arts and Cultural Affairs Advisory Commission for a 3 -year term through June 30, 2015. Housing Commission: One 3 -Year term through September 9, 2015 (Vacant term of Kepler). Applicant: Patricia Foster, 3565 Lunar Dr. Motion by Connors to appoint Patri- cia Foster to the Housing Commission for a 3 -year term through September 9, 2015. Seconded by Lynch. Motion carried 7 -0. Housing Trust Fund Advisory Committee: One 3 -Year term through September 8, 2015 (Expiring term of Hingtgen). Applicant: Doris Hingtgen, 309 Hill St. Motion by Braig to appoint Doris Hingtgen to the Housing Trust Fund Committee for a 3 -year term through September 8, 2012. Seconded by Resnick. Motion carried 7 -0. Safe Community Advisory Committee: One 1 -Year term through December 31, 2012 (Vacant term of Elkins). Applicant: Christopher J. Welch, 164 Main St. Motion by Con- nors to appoint Christopher Welch to the Safe Community Advisory Committee for a 1- year term through December 31, 2012. Seconded by Lynch. Motion carried 7 -0. PUBLIC HEARINGS Upon motion the rules were suspended allowing anyone present to address the City Council. General Obligation Bonds Series 2012E (General Corporate Purposes): Proof of pub- lication on notice of public hearing to consider the issuance of not to exceed $700,000 General Obligation Bonds and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 284 -12 Instituting proceedings to take additional action for the authorization and issuance of not to exceed 9 $700,000 General Obligation Bonds, Series 2012E. Seconded by Jones. Motion carried 7 -0. RESOLUTION NO. 284 -12 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHOR- IZATION AND ISSUANCE OF NOT TO EXCEED $700,000 GENERAL OBLIGATION BONDS, SERIES 2012E Whereas, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issu- ance of not to exceed $700,000 General Obligation Bonds, for general corporate pur- poses, in order to provide funds to pay costs of the acquisition, construction, reconstruc- tion, enlargement, improvement, and equipping of community center houses, recreation grounds, recreation buildings, juvenile playgrounds, swimming pools, recreation cen- ters, 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 Memo- rial 32nd storage; and the construction, reconstruction, enlargement, improvement, and equipping of libraries, including Library exterior repairs, renovation and repair and re- placement 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 playground equipment, and no petition was filed calling for a refer- endum thereon. The following action is now considered to be in the best interests of the City and residents 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, STATE OF IOWA: Section 1. That this Council does hereby institute proceedings and take additional ac- tion for the authorization and issuance in the manner required by law of not to exceed $700,000 General Obligation Bonds, for the foregoing general corporate 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. 10 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 15th day of October, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk General Obligation Bonds Series 2012E (Essential Corporate Purposes): Proof of publication on notice of public hearing to consider the issuance of not to exceed $4,000,000 General Obligation Bonds and the City Manager recommending approval. Motion by Jones to receive and file the documents and adopt Resolution No. 285 -12 In- stituting proceedings to take additional action for the issuance of not to exceed $4,000,000 General Obligation Bonds, Series 2012E. Seconded by Connors. Motion carried 7 -0. RESOLUTION NO. 285 -12 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE ISSU- ANCE OF NOT TO EXCEED $4,000,000 GENERAL OBLIGATION BONDS, SERIES 2012E 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 $4,000,000 General Obligation Bonds, Series 2012E, for the essential corporate purpose of paying costs of the opening, widening, extending, grading, and draining of the right -of -way of streets, highways and avenues, the construction, recon- struction, and repairing of any street improvements, the acquisition, installation, and re- pair of traffic control devices and the acquisition of real estate needed for any of the foregoing purposes; the acquisition, construction, reconstruction, extension, improve- ment, and equipping of works and facilities useful for the collection, treatment, and dis- posal of sewage and industrial waste in a sanitary manner, for the collection and dis- posal of solid waste, and for the collection and disposal of surface waters and streams, including the 7th Street Storm Sewer, and sanitary forcemain repairs; the rehabilitation and improvement of parks already owned, including the removal, replacement and planting of trees in the parks, and facilities, equipment, and improvements commonly found in City parks, including improvements for Comiskey Park and Flora Park; the ac- quisition, construction, reconstruction, improvement, repair, and equipping of water- works, water mains, and extensions, and real and personal property, useful for provid- ing potable water to residents of a City, including annual water main replacement, water main extensions, Green Alley water mains and fittings and Airport water main; and the acquisition of peace officer communication equipment and other emergency services communication equipment and systems, including police /emergency /public safety communication software, and has considered the extent of objections received from res- idents 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 residents thereof; and 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- 11 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, STATE OF 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 $4,000,000 General Obligation Bonds, Series 2012E, 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 15th day of October, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk General Obligation Urban Renewal Bonds Series 2012E: Proof of publication on no- tice of public hearing to consider the issuance of not to exceed $12,000,000 General Obligation Urban Renewal Bonds and the City Manager recommending approval. Mo- tion by Connors to receive and file the documents and adopt Resolution No. 286 -12 In- stituting proceedings to take additional action for the authorization and issuance of not to exceed $12,000,000 General Obligation Bonds, Series 2012E. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 286 -12 INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION FOR THE AUTHOR- IZATION AND ISSUANCE OF NOT TO EXCEED $12,000,000 GENERAL OBLIGA- TION URBAN RENEWAL BONDS Whereas, pursuant to notice published as required by law, the City Council has held a public meeting and hearing upon the proposal to institute proceedings for the issu- 12 ance of not to exceed $12,000,000 General Obligation Urban Renewal Bonds, for gen- eral corporate purposes, in order 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 Financial Consultant Grants, the Washington Neighborhood Business Loan Pool, a generator, air conditioning improvements, electrical improvements, ice decking, and a power factor correction device for the Mystique Community Ice Center, Downtown housing business incentives, ADA assistance, Historic District improvements, Industrial Park land acquisi- tions 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 Ur- ban 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 fu- ture downtown development projects, and no petition was filed calling for a referendum thereon. The following action is now considered to be in the best interests of the City and residents thereof; and 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 authorization and issuance in the manner required by law of not to exceed $12,000,000 General Obligation Urban Renewal Bonds, for the foregoing general cor- porate purposes. 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, 13 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 15th day of October, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Bowling & Beyond Dubuque, Inc.: Proof of publication on notice of public hearing to consider approval of an agreement with Bowling & Beyond Dubuque, Inc., to terminate its lease of City land at 1860 Hawthorne Street and the City Manager recommending approval. Motion by Connors to receive and file the documents and adopt Resolution No. 287 -12 Approving an Agreement to Terminate Leases with Bowling & Beyond Dubuque, Inc. for a building located in the Greater Downtown Urban Renewal District. Seconded by Jones. Motion carried 7 -0. RESOLUTION NO. 287 -12 APPROVING AN AGREEMENT TO TERMINATE LEASES WITH BOWLING & BE- YOND DUBUQUE, INC. FOR A BUILDING LOCATED IN THE GREATER DOWN- TOWN URBAN RENEWAL DISTRICT Whereas, the City Council, by Resolution No. 271 -12, dated October 1, 2012, ex- panded and amended the Greater Downtown Urban Renewal District to provide oppor- tunities for further redevelopment and reinvestment in the downtown area; and Whereas, in the 1950s the City of Dubuque ( "City ") entered into a long term lease with a predecessor to the current lessee, Bowling & Beyond Dubuque, Inc. ( "Bowling "), for a property located at 1860 Hawthorne Street, in the newly expanded Greater Down- town Urban Renewal District (the "Property "); and Whereas, under a proposed agreement between the City and Bowling (the "Agree- ment"), City and Bowling agree to terminate all leases between City and Bowling, con- sideration for which termination of the leases will be in the aggregate 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 thereafter, 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, a pub- lic hearing was held on October 15, 2012 at 6:30 p.m. in the Historic Federal Build - ing,350 West 6th Street, Dubuque, Iowa after publication of appropriate notice thereof, on the proposed Agreement between the City and Bowling; and Whereas, it is the determination of the City Council that approving the Agreement to terminate the leases and regain possession of the Property for redevelopment and rein- vestment, in exchange for certain payments to be made by the City to Bowling, is in the public interest of the City of Dubuque. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the attached Agreement to Terminated Leases by and between the City of Dubuque and Bowling & Beyond Dubuque, Inc. for the termination of leases and the regaining of possession of the Property is hereby approved. Section 2. That the Mayor is hereby authorized and directed to execute the Agree- ment to Terminate Leases on behalf of the City and City Clerk is authorized and di- rected to attest to his signature. Section 3. That the City Manager is authorized to take such actions are necessary to 14 comply with the terms the Agreement to Terminate Leases as herein approved. Passed, approved and adopted this 15th day of October, 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 Convention and Visitors Bureau - Quarterly Report: President Keith Rahe provided a verbal update on the activities of the Dubuque Convention and Visitors Bureau that in- cluded information on hotel occupancy, an events report, sales, and marketing. Motion by Jones to receive and file the information. Seconded by Connors. Motion carried 7 -0. Dubuque Community School District - Race to the Top Grant: Associate Superinten- dent Lynne Devaney presented an overview of Dubuque Community Schools' Race to the Top Grant Application for City Council review and support. Motion by Connors to re- ceive and file the document and approve a show of support for the grant application. Seconded by Jones. Motion carried 7 -0. General Obligation Refunding Bonds Series 2012G - Advertisement of Sale: City Manager recommending approval of the suggested proceedings for directing sale of the $950,000 General Obligation Refunding Bonds, Series 2012G, awarding the Bonds to the best bidder and redemption of the outstanding General Obligation Bonds, Series 2002C. Motion by Jones to receive and file the documents and adopt Resolution No. 288 -12 Directing Sale of General Obligation Refunding Bonds, Series 2012G; and Res- olution No. 289 -12 Authorizing the redemption of outstanding General Obligation Bonds, Series 2002C, dated December 1, 2002, of the City of Dubuque, Iowa, and directing No- tice of Redemption. Seconded by Connors. Tim Oswald of Piper - Jaffray reviewed the Report of Bond Sale with the City Council. Motion carried 7 -0. RESOLUTION NO. 288 -12 DIRECTING SALE OF GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012G Whereas, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the fol- lowing $950,000 GENERAL OBLIGATION REFUNDING BONDS, SERIES 2012G: Bidder: UMB Bank N.A. of Kansas City, MO. the terms of said bid being: Purchase Price: $961,686.45 Principal Amount: $950,000 True Interest Rate: 0.667842% Net Interest Cost: $16206.99 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid. 15 Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. Passed and approved this 15th day of October, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk RESOLUTION NO. 289 -12 AUTHORIZING THE REDEMPTION OF OUTSTANDING GENERAL OBLIGATION BONDS, SERIES 2002C, DATED DECEMBER 1, 2002, OF THE CITY OF DUBUQUE, IOWA, AND DIRECTING NOTICE OF REDEMPTION Whereas, the City has heretofore authorized the issuance of $3,105,000 General Ob- ligation Bonds, Series 2002C, dated December 1, 2002 (the "Series 2002C Bonds "); and Whereas, the Series 2002C Bonds may be called for redemption and paid before ma- turity on said date or any date thereafter, from any funds regardless of source, in whole or from time to time in part, upon giving notice in the manner provided in the foregoing resolution authorizing the issuance of the Series 2002C Bonds; and Whereas, it is deemed necessary and advisable that the Series 2002C Bonds be so redeemed and notice of redemption be given. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the outstanding General Obligation Bonds, Series 2002C, dated De- cember 1, 2002, in the principal amount of $3,105,000, be and the same are hereby re- deemed as of December 1, 2012. Section 2. Wells Fargo Bank, N.A., as Registrar and Paying Agent for the Series 2002C Bonds, is hereby authorized and directed to cause notice of such redemption to be given not less than thirty (30) days prior to the redemption date. Section 3. The Finance Director is hereby authorized and directed to cause to be de- posited in a separate fund, from the proceeds of the General Obligation Refunding Bonds, Series 2012G, an amount sufficient to pay all principal and interest on the re- deemed Series 2002C Bonds to the date of redemption. Section 4. That the form of such notice be substantially as [provided]: Passed and approved this 15th day of October, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk Port of Dubuque Watermain Extension Project - Award of Contract: City Manager recommending award of the Port of Dubuque Watermain Extension Project contract to Tschiggfrie Excavating, Inc. Motion by Connors to receive and file the documents and adopt Resolution No. 290 -12 Awarding public improvement contract for the Port of Dubuque Watermain Extension Project. Seconded by Braig. Motion carried 7 -0. RESOLUTION NO. 290 -12 AWARDING PUBLIC IMPROVEMENT CONTRACT FOR THE PORT OF DUBUQUE WATERMAIN EXTENSION PROJECT Whereas, sealed proposals have been submitted by contractors for the Port of Dubu- 16 que Watermain Extension Project (the Project) pursuant to Resolution No. 252 -12 and Notice to Bidders published in a newspaper published in the City of Dubuque, Iowa on the 21 st day of September, 2012; and Whereas, said sealed proposals were opened and read on the 4th day of October, 2012 and it has been determined that Tschiggfrie Excavating of Dubuque, Iowa with a bid proposal in the amount of $160,310.40, is the responsive, responsible bidder for the Project; 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 Tschiggfrie Excavating 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 Tschiggfrie Excavating and the City Manager is hereby directed to execute a Public Improvement Contract on behalf of the City of Dubuque for the Project. Passed, approved and adopted this 15th day of October, 2012. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, CMC, City Clerk Debt Management Policy: City Manager recommending approval of a Debt Manage- ment Policy. Motion by Lynch to receive and file the documents and approve the rec- ommendation. Seconded by Jones. Responding to questions from City Council, City Manager Van Milligen and Budget Director Jenny Larson provided information on the City's debt rate, debt capacity and debt service Bus Storage and Maintenance Facility: City Manager recommending approval of the selection of IIW for the Site Selection Study and Environmental Analysis for a Bus Stor- age and Maintenance Facility and approve City staff to enter into contract negotiations. Motion by Connors to receive and file the documents and approve the recommendation. Seconded by Lynch. Motion carried 7 -0. National League of Cities Voting Delegates: Correspondence from the National League of Cities requesting that the City designate a voting delegate and alternate vot- ing delegate for the upcoming National League of Cities Annual Business meeting on December 1, 2012. Motion by Connors to appoint Mayor Buol as the voting delegate and Council Member Lynn Sutton as the alternate. Seconded by Lynch. Motion carried 7 -0. COUNCIL MEMBER REPORTS Council Member Braig expressed her thanks to the volunteer group she witnessed cleaning up the 16th Street Detention Basin and thanked all community volunteers who contribute to the City's image. Council Member Resnick reported on the recent March of Dimes event he attended at the Grand River Center and acknowledged their work. Council Member Jones reported that he has been appointed to the Region 1 Work- force Investment Board (RWIB). 17 CLOSED SESSION Motion by Jones to convene in closed session at 8:14 p.m. regarding pending litiga- tion and property acquisition pursuant to Chapter 21.5(1)(c)(j) Code of Iowa. Seconded by Connors. Motion carried 7 -0. Upon motion the Council reconvened in open session at 8:31 p.m. stating that staff had been given proper direction. There being no further business, upon motion the City Council adjourned at 8:32 p.m. /s /Kevin S. Firnstahl, CMC City Clerk 18